N-400 Part 10 Question

[IheartAsia 9]

I am not really interested in requesting a fee reduction, but I guess I still need to answer this section. My main concern is box 5b. 

name of head of household. In the instructions it says the head of the household is the person who provides the majority of the household’s income. However, according to the IRS you cannot file under head of household status in a marriage, because you have to be single. So, I just put n/a married filing jointly. Is this a blunder on their part or I am interpreting this wrong?

 

Edited February 23 by IheartAsia

[Lil bear 4,378]

5 minutes ago, IheartAsia said:

I am not really interested in requesting a fee reduction, but I guess I still need to answer this section. My main concern is box 5b. 

name of head of household. In the instructions it says the head of the household is the person who provides the majority of the household’s income. However, according to the IRS there is you cannot file under head of household in a marriage, because you have to be single. So, I just put n/a married filing jointly. Is this a blunder on their part or I am interpreting this wrong?  

 

My reading is the same as yours. Filling MFJ means your spouse is not a dependent for tax purposes even though they may rely on your income   This is  consistent with the information in the N400 instruction pdf. 

[IheartAsia 9]

43 minutes ago, Lil bear said:

My reading is the same as yours. Filling MFJ means your spouse is not a dependent for tax purposes even though they may rely on your income   This is  consistent with the information in the N400 instruction pdf. 

So you think I am good with how I answered it?

[Lil bear 4,378]

6 minutes ago, IheartAsia said:

So you think I am good with how I answered it?

Yes. 

[ghostinthemachine 92]

4 hours ago, IheartAsia said:

I am not really interested in requesting a fee reduction, but I guess I still need to answer this section. My main concern is box 5b. 

name of head of household. In the instructions it says the head of the household is the person who provides the majority of the household’s income. However, according to the IRS you cannot file under head of household status in a marriage, because you have to be single. So, I just put n/a married filing jointly. Is this a blunder on their part or I am interpreting this wrong?

 

 

USCIS =/= IRS. 

 

This is from the page about fee waivers, but I'd assume they apply the same logic to fee reductions too:

 

[IheartAsia 9]

1 hour ago, ghostinthemachine said:

 

USCIS =/= IRS. 

 

This is from the page about fee waivers, but I'd assume they apply the same logic to fee reductions too:

I think it is a blunder, the term "head of household" is not arbitrary. You can’t use this tax filing status if you’re simply the one who makes the most money in your family. In the eyes of the IRS, this tax filing status is only for unmarried people who have to support others.

 

[JeanneAdil 6,727]

you say you are not interested in a fee waiver , then follow instructions 

 

if  u r not eligible , answer 1. only and proceed to part II

u would not answer 2-5

[IheartAsia 9]

8 hours ago, JeanneAdil said:

you say you are not interested in a fee waiver , then follow instructions 

 

if  u r not eligible , answer 1. only and proceed to part II

u would not answer 2-5

I agree with you, but I am just worried because if I answer 1 truthfully, than it requires me to answer 2-5, regardless if I don't want the reduced fee.  I dunno if I am overthinking, I just don't want to get an RFE. 

[ghostinthemachine 92]

20 hours ago, IheartAsia said:

 

I know what "head of household" means from an income tax perspective. You're not filling out a tax return. Again, USCIS =/= IRS.

 

And I guess I missed the point that you aren't even wanting to apply to a fee reduction so there's no need for you to fill it out either way. 

[JeanneAdil 6,727]

22 hours ago, IheartAsia said:

I agree with you, but I am just worried because if I answer 1 truthfully, than it requires me to answer 2-5, regardless if I don't want the reduced fee.  I dunno if I am overthinking, I just don't want to get an RFE. 

asking now for a reduced fee for N 400 when you had to get the green card with needed income could cause immigration to look at past petitions for income issues 

don't push your luck with immigration as we all face new government and policies that seem to be made up in 1 person's mind and every officer is afraid of the job cuts so they are walking on thin ice

 

[OldUser 8,166]

2 minutes ago, JeanneAdil said:

asking now for a reduced fee for N 400 when you had to get the green card with needed income could cause immigration to look at past petitions for income issues 

don't push your luck with immigration as we all face new government and policies that seem to be made up in 1 person's mind and every officer is afraid of the job cuts so they are walking on thin ice

 

I don't think this is the case. People's income change for better or worse over time. Employment and income and not requirements for N-400. But I agree, unless really need fee reduction it's best not to use it. Why? Because USCIS is fee funded. By using fee reduction, USCIS will have fewer resources to adjudicate other cases. Also, for OP, case may go slower. Anything atypical causes cases to slow down. Also, this means paper filing with slower time to get N-400 NOA.

[IheartAsia 9]

I found a solution. If you select file online it is a lot simpler and will omit a lot of the options that aren't viable. It makes the whole process much more CLEAR. Even if you are doing the pdf version and plan to file by mail it may help to use the file online option to make it easier how to fill out the pdf. Then you won't have to worry about answering questions that don't pertain to you. When you finish the online version it will also give you a copy in a pdf version so you can just you use that if you file via mail. 

Edited February 26 by IheartAsia

[OldUser 8,166]

9 minutes ago, IheartAsia said:

I found a solution. If you select file online it is a lot simpler and will omit a lot of the options that aren't viable.

Yes that's true. Good luck!

[OldUser 8,166]

The two common things causing confusion when using online form are:

 

- Married filers who file under general provision freak out why final form doesn't mention spouse info. This is normal, as not required under 5 year rule

- Married people living with kids scratch head when asked about child support and seeing warning. It's not applicable in this situation. It's only for parent's supporting kids after divorce or who they don't live with etc 

 

[IheartAsia 9]

Thanks, and thanks for helping!