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GEOntificator

Found out last year taxes had me as a US citizen instead of a LPR

By GEOntificator in Tax & Finances During US Immigration

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GEOntificator Community Regular

GEOntificator   281

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I have an accountant to who files my taxes. I found out that last year he marked me as a US citizen on business taxes 1065. I am making sure that does not happen this year. 

 

Do I need to possibly amend last year taxes to reflect correct citizenship? How problematic is this going to be when I apply for naturalization?

 

This was an honest error on both my and my accountant parts. Tax return documents are very long and it is hard to read every single line...

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Crazy Cat Grand Master

Crazy Cat   41,814

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Personally, I would amend the taxes.  Form 1065 specifically asks about foreign partners. 

"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.. 
 

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GEOntificator Community Regular

GEOntificator   281

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2 minutes ago, Crazy Cat said:

Personally, I would amend the taxes.  Form 1065 specifically asks about foreign partners. 

I agree. I think I need to. It will demonstrate that I at least tried to correct it. Do you know of any cases where this became an issue? Is there a question that I have to answer on the N400 about this and say I accidentally marked it? Perhaps I am overthinking? 

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OldUser Veteran

OldUser   6,610

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2 minutes ago, kvito28 said:

I agree. I think I need to. It will demonstrate that I at least tried to correct it. Do you know of any cases where this became an issue? Is there a question that I have to answer on the N400 about this and say I accidentally marked it? Perhaps I am overthinking? 

You're probably overthinking. I'm not sure what you would have gained by filing as a US citizen vs LPR. If there was no benefit to it, and you fixed it, I don't think it should be a huge deal.

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GEOntificator Community Regular

GEOntificator   281

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Just now, OldUser said:

You're probably overthinking. I'm not sure what you would have gained by filing as a US citizen vs LPR. If there was no benefit to it, and you fixed it, I don't think it should be a huge deal.

There would be no change in terms of actual tax numbers (payments or refunds). It is a simple error. I guess I will amend it and call it a day. My only concern is if I get asked to have a knowledge of claiming to be a US citizen on N400... I'd have to answer yes.

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Crazy Cat Grand Master

Crazy Cat   41,814

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2 minutes ago, OldUser said:

You're probably overthinking. I'm not sure what you would have gained by filing as a US citizen vs LPR. If there was no benefit to it, and you fixed it, I don't think it should be a huge deal.

I think this is more of an IRS issue....

"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.. 
 

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Sarge2155 Mentor

Sarge2155   4,587

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10 hours ago, kvito28 said:

I agree. I think I need to. It will demonstrate that I at least tried to correct it. Do you know of any cases where this became an issue? Is there a question that I have to answer on the N400 about this and say I accidentally marked it? Perhaps I am overthinking? 

Yes you are correct there is a question on the N-400 that asked  "Have you EVER claimed to be a U.S. citizen (in writing or any other way")? Part 12 question 1, it also ask for an explanation on a separate sheet of paper if you answered yes, so  you'd have to explain it there. I'd be proactive now and in addition to amending your taxes I would get a affidavit from your tax preparer stating what happened and include that with your N-400 documents. Not sure if it will be an issue, but one thing we do know it will be an issue if you fail to tell the truth and they find out otherwise. Your proactive steps taken now I think will save you heartache when the time comes.

Edited by Sarge2155


4 years, 11 months, 2 weeks and 3 days

Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

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GEOntificator Community Regular

GEOntificator   281

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Filed: Citizen (apr) Country: Georgia
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4 hours ago, Sarge2155 said:

Yes you are correct there is a question on the N-400 that asked  "Have you EVER claimed to be a U.S. citizen (in writing or any other way")? Part 12 question 1, it also ask for an explanation on a separate sheet of paper if you answered yes, so  you'd have to explain it there. I'd be proactive now and in addition to amending your taxes I would get a affidavit from your tax preparer stating what happened and include that with your N-400 documents. Not sure if it will be an issue, but one thing we do know it will be an issue if you fail to tell the truth and they find out otherwise. Your proactive steps taken now I think will save you heartache when the time comes.

Makes sense to me. Do you know if the USCIS prefers IRS transcripts over actual copies of filing, meaning 1040?

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Sarge2155 Mentor

Sarge2155   4,587

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31 minutes ago, kvito28 said:

Makes sense to me. Do you know if the USCIS prefers IRS transcripts over actual copies of filing, meaning 1040?

Yes transcripts by far!


4 years, 11 months, 2 weeks and 3 days

Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

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