Early N-400 Submission: IRS Document Timing

[QuinnQ 0]

Hello,

I am facing a scenario where early submission of my N-400 form could be beneficial due to a family situation requiring travel soon. I am considering filing my N-400 in October 2023, three months prior to completing my 5th year of IRS tax filings which will be finalized in January 2024. My continuous residency requirement has already been met.

My local USCIS field office has an average N-400 processing time of 9 months, projecting my interview around July 2024, post completion of the 5-year tax filing requirement.
 

Here are my queries:

1. Is it permissible to submit the N-400 form now and provide the 5th-year IRS documents later at the interview?
2. Or, is it a prerequisite to have 5 years of tax filings at the time of N-400 submission itself?

 

I contacted USCIS but got no clear guidance on the IRS document submission timing.
 

Seeking insights here before considering legal consultations.

Thanks for any guidance!

[JeanneAdil 6,498]

file as soon as u qualify

your tax statements will be the most recent ones

you can provide 2023 at the interview 

USCIS guidelines from following USCIS siteUSCIS guidelines from following USCIS sites

 

page 2  under the Heading

 

Have you reported your income on your income tax forms?

 

https://www.uscis.gov/sites/default/files/document/guides/G-1151.pdf

 

Your tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years

 

USCIS guidelines from following USCIS site

 

 

Edited October 12, 2023 by JeanneAdil

[Chancy 6,241]

2 hours ago, QuinnQ said:

Is it permissible to submit the N-400 form now and provide the 5th-year IRS documents later at the interview?

 

Yes.  Tax documents fall under additional evidence and are not required (though recommended) to be submitted with the N400 form.

 

Here is the official guidance from USCIS, listing "Tax Returns and Overdue Taxes" under documents to bring to the N400 interview, and not under documents to submit with form N400 -- https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

[QuinnQ 0]

Hello everyone,
 

Thank you for the responses I've received so far. I just want to double-check and make sure I've got this right:

So that means that I can submit my N-400 form this week (Oct 2023) without including any tax evidence and then present all 5 years (2019, 2020, 2021, 2022, and 2023) of my tax documents during the interview somewhere in 2024? I want to be completely sure about this step before I move forward.

Thanks again for your help!
 

Edited October 16, 2023 by QuinnQ

[Melc 138]

On 10/16/2023 at 7:15 PM, QuinnQ said:

So that means that I can submit my N-400 form this week (Oct 2023) without including any tax evidence and then present all 5 years (2019, 2020, 2021, 2022, and 2023) of my tax documents during the interview somewhere in 2024? I want to be completely sure about this step before I move forward.

You can add those later if you want. 

 

Having said that, I would personally just add all the tax transcripts you currently have (2019, 2020, 2021, 2022) and then add 2023 once you have it available. 

Edited October 22, 2023 by Melc

[Rocio0010 5,579]

On 10/16/2023 at 7:15 PM, QuinnQ said:

Hello everyone,
 

Thank you for the responses I've received so far. I just want to double-check and make sure I've got this right:

So that means that I can submit my N-400 form this week (Oct 2023) without including any tax evidence and then present all 5 years (2019, 2020, 2021, 2022, and 2023) of my tax documents during the interview somewhere in 2024? I want to be completely sure about this step before I move forward.

Thanks again for your help!
 

The deadline for submitting 2023 taxes is April 15th, 2024. USCIS cannot request to see 2023 taxes before then.

[QuinnQ 0]

Hi: recgarding "The deadline for submitting 2023 taxes is April 15th, 2024. USCIS cannot request to see 2023 taxes before then."

Sure but if I file in January and bring my TurboTax PDF file printed, it shows that  filed I suppose. And that is what matters?

[Rocio0010 5,579]

16 hours ago, QuinnQ said:

Hi: recgarding "The deadline for submitting 2023 taxes is April 15th, 2024. USCIS cannot request to see 2023 taxes before then."

Sure but if I file in January and bring my TurboTax PDF file printed, it shows that  filed I suppose. And that is what matters?

Are you talking about you filing your N400 in January, or your taxes?

 

If you are talking about your taxes, yes, the TTax PDF serves that purpose. Also, IRS tax transcript is usually generated within a month of filing, so you'd have it by February. You don't mention your field office, but my N400 took about 7 months from the time I submitted to when I had my interview. If you file now, you're probably having your interview in April- May 2024 and your tax transcript will be ready by then. 

 

Additionally, if you're truly worried about it, file your taxes first, and file your citizenship after that.