Jump to content
Luckydog

Should I file N400 based on 3yrs or 5yrs rule?

By Luckydog in US Citizenship General Discussion

 Share

14 posts in this topic

Recommended Posts

Luckydog Rookie

Luckydog   2

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted

Hi guys,

 

I need your advices on filing N400. I came here with CR1 visa in 2017, and I have 10yrs green card on hand. I didn’t file N400 for citizenship in 2020 based on 3yrs rule but I’d like to start filing now. I’ve been living here for 5.5yrs now without going out of country. My questions are:

 

1. Should I file N400 based on 3yrs or 5yrs rule?

2. I haven’t started working here yet for some reasons so I have no tax return. Only my husband has it. We have all other required documents such as marriage certificate, photos together, joint bank accounts, joint health insurance, joint ownership of house and car, etc.. Since I have no tax return to show, am I illegible to apply for citizenship? If yes, would it be successful? 

 

Thank you in advance.  

Link to comment
Share on other sites
  • Popular Post
Crazy Cat Grand Master

Crazy Cat   41,814

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
  • Popular Post
Posted (edited)

1.  File under the 5 year rule.

2. Did You and your husband file a joint return for 2017, 2018, 2019, 2020, 2021, 2022.   If so, you DID file taxes.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,814

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

If you earned no income, there would be no legal requirement to file taxes.  However, with no income, you could have (and probably should have) filed a joint return with your spouse each year.  Be ready to explain that to the IO at your N-400 interview.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Luckydog Rookie

Luckydog   2

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
43 minutes ago, Crazy Cat said:

If you earned no income, there would be no legal requirement to file taxes.  However, with no income, you could have (and probably should have) filed a joint return with your spouse each year.  Be ready to explain that to the IO at your N-400 interview.

Thanks for your reply. Unfortunately, we did not file joint return. Should we file joint return starting from this year and postpone filing N400 to next years? 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,814

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
6 minutes ago, Luckydog said:

Thanks for your reply. Unfortunately, we did not file joint return. Should we file joint return starting from this year and postpone filing N400 to next years? 

Did your spouse file taxes for those years?  If you had no income, there was no requirement for you to have filed taxes.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
  • Popular Post
SteveInBostonI130 Experienced

SteveInBostonI130   3,432

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
  • Popular Post
Posted
2 hours ago, Luckydog said:

Thanks for your reply. Unfortunately, we did not file joint return. Should we file joint return starting from this year and postpone filing N400 to next years? 

 

WHAT???

 

Why not?  If your husband filed MFS, then you guys gave free money to the IRS.  If he filed Single, that was a no-no and he gave free money to the IRS.  If he filed head of household, he gave a little less free money to the IRS but he still forked over $$ that you guys could have kept or got refunded.

 

This is not even accounting for the stimulus money you guys missed out on.

 

Get on the phone with a tax preparer and look into amending as many previous returns as you can.

Link to comment
Share on other sites
Luckydog Rookie

Luckydog   2

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
9 minutes ago, SteveInBostonI130 said:

 

WHAT???

 

Why not?  If your husband filed MFS, then you guys gave free money to the IRS.  If he filed Single, that was a no-no and he gave free money to the IRS.  If he filed head of household, he gave a little less free money to the IRS but he still forked over $$ that you guys could have kept or got refunded.

 

This is not even accounting for the stimulus money you guys missed out on.

 

Get on the phone with a tax preparer and look into amending as many previous returns as you can.

Yes, he filed MFS since I came here in 2017. Honestly, I have very little knowledge about tax filing and did not know that we can amend previous returns. Thanks for your suggestion. Really appreciate it. We will look into amending previous returns. If we can do that way things will work out a lot easier for us. 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,814

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
2 hours ago, Luckydog said:

Yes, he filed MFS since I came here in 2017. Honestly, I have very little knowledge about tax filing and did not know that we can amend previous returns. Thanks for your suggestion. Really appreciate it. We will look into amending previous returns. If we can do that way things will work out a lot easier for us. 

Your husband also has very little knowledge of tax filing.  I can not think of a single reason to file MFS if only one spouse has income.....it doesn't make any sense at all.  You must tell the IO, at your citizenship interview, that you had no income, and you were not required to file taxes (If he/she asks). 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Luckydog Rookie

Luckydog   2

Posted
Filed: Lift. Cond. (pnd) Timeline
  • Author
Posted
1 hour ago, Crazy Cat said:

Your husband also has very little knowledge of tax filing.  I can not think of a single reason to file MFS if only one spouse has income.....it doesn't make any sense at all.  You must tell the IO, at your citizenship interview, that you had no income, and you were not required to file taxes (If he/she asks). 

Agree with you. We both need to learn more about tax filing. Thank you so much for your valuable input. 

Link to comment
Share on other sites
WaterLeaf Rising Star

WaterLeaf   200

Posted
Filed: AOS (apr) Country: Uruguay
 Timeline
Posted (edited)

So if I'm reading this right, you're both married since 2017, never been separated, right? That means yall should have been filing as Married Filing Jointly (MFJ).

Not that the fact it's giving IRS free money back (or some cases, you will owe under a certain condition, so be prepared for that) but you're also not doing it right because when you're required to submit your tax returns to the USCIS, they look at the tax form and see if you are filing MFJ. Anything else will be in a question.

So to help you get started and prepare, find a really good CPA that help correct these. You'll type out the question/situation, copy and paste and find CPA that will work with you on this. On the backstory I've seen some people file as Single to take advantage of more money back than to file MFJ and that is an exploit, but it doesn't mean it's right. Anyway, to also help you out of what you'll want to do is go to the IRS website and request transcript all the way back to 2017. Get all of the copies of it. Then when you finally find the good CPA, you'll bring all the files with you (keep it organized!) and give them to the CPA. https://www.irs.gov/individuals/get-transcript


So yes, you should have been filing with him as MFJ regardless if you worked or not, got unemployment, etc.

The fun part - It can be fixed. They can 'amend' for correction, and then once completed the amend and the result of that helps with your case. Doing the right thing help you move forward from the mistake.

Notice: I'm not a CPA, and was a Paid Tax Preparer for a couple of months. Other than that, I've filed with my Husband MFJ all these years and I file for ourselves mostly except 1 year I gave my 2016 tax situation to a paid preparer due to weird 'health insurance marketplace' situation. But this should be easy to fix for CPA.

Edited by WaterLeaf

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023, NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

Link to comment
Share on other sites
OldUser Veteran

OldUser   6,612

Posted
Timeline
Posted (edited)
48 minutes ago, WaterLeaf said:

So if I'm reading this right, you're both married since 2017, never been separated, right? That means yall should have been filing as Married Filing Jointly (MFJ).

You do not have to be separated to use MFS. It's a tax strategy which is perfectly legal. It's used when one spouse has a lot of deductions for medical charges for example.

 

48 minutes ago, WaterLeaf said:

On the backstory I've seen some people file as Single to take advantage of more money back than to file MFJ and that is an exploit, but it doesn't mean it's right.

Single or Married File Separate? I hope you're not using the terms interchangeably. They mean different things, and again you don't have to be separated to use MFS.

 

MFS only works for some situations. MFJ works for majority cases.

Edited by OldUser
Link to comment
Share on other sites
Adventine Proficient

Adventine   3,196

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)
17 hours ago, Crazy Cat said:

Your husband also has very little knowledge of tax filing.  I can not think of a single reason to file MFS if only one spouse has income.....it doesn't make any sense at all.  You must tell the IO, at your citizenship interview, that you had no income, and you were not required to file taxes (If he/she asks). 

 

I can think of a few reasons: if the husband didn't want his wife to know how much he was earning, and/or he wasn't declaring all his income to the IRS. 

Edited by Adventine
Link to comment
Share on other sites
WaterLeaf Rising Star

WaterLeaf   200

Posted
Filed: AOS (apr) Country: Uruguay
 Timeline
Posted (edited)
21 hours ago, OldUser said:

You do not have to be separated to use MFS. It's a tax strategy which is perfectly legal. It's used when one spouse has a lot of deductions for medical charges for example.

 

Single or Married File Separate? I hope you're not using the terms interchangeably. They mean different things, and again you don't have to be separated to use MFS.

 

MFS only works for some situations. MFJ works for majority cases.

Well yes they can file MFS if under certain condition. https://www.irs.gov/publications/p504

And no, I'm not using the term interchangeably. I've seen it within the last 2 months of filing taxes for other. It's dangerous for me to let other file illegally as they wish because as a tax preparer if you file it wrong and the IRS find out the IRS get to mark you up with the fee. I'm not going to file thing wrongly for others. Screw that. But it's not just that, the IRS look at all kinds of things too. https://www.irs.gov/payments/tax-preparer-penalties

Also, if a filer MFS is using Itemized Deduction, the other MFS also need to file itemized as well. It isn't 1 standard and the other itemized. https://www.irs.gov/faqs/itemized-deductions-standard-deduction/other-deduction-questions/other-deduction-questions It is usually better for MFJ though.

Ok so in order not to go-off topic - Tax questions always can be found online or to other CPA available. I hope OP get the understanding of what they need.

Edited by WaterLeaf
Adding links.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023, NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...