Jump to content
Nevin

N-400 question on 'Taxes' and 'Speeding ticket'

6 posts in this topic

Recommended Posts

Hey friends,

I will be eligible to apply for citizenship on May 1st 2015. I have couple of questions related to my Taxes and a speeding ticket.

First question "My taxes"

In 2012 I had multiple 1090's and missed filing one of the 1090's as my employer had failed to send me the 1090. It was my mistake i should have not forgotten and contacted my employer. Had i not forgotten i would've definitely paid, anyway it surely is my negligence . All said and done i wasn't unaware of this until 2014 when IRS got hold of me they sent the paper work stating that i owe taxes. It was a shocker looking at the penalties and all. I called IRS and they setup a payment plan which i am paying every month even now.

Will USCIS treat my case as regular and still consider my application or are there chances that they might deny me due to delinquency in paying taxes?

Here is my tax payment history:

started to work in the USA from 2009 Oct

2009 Filed my taxes

2010 Filed my taxes

2011 Filed my taxes

August 2012 i became a CPR

2012(2x1090's and 1xw2) - Filed jointly but missed filing one of the 1090

2013 Filed my taxes jointly

2014 Filed my taxes jointly

Second question "speeding ticket"

I got a speeding ticket in 2011 which was close to $800 which has been paid off. Some people in the forum say that we need to mention any speeding ticket which is above $500. Is that true? Do i need to mention this and provide IRS with the payment receipt? I don't see anywhere in the application that we need to mention about driving tickets.

Any feedback on the above questions will be helpful.

Thanks All!


04/15/2006: Arrived at LAX on F1

12/12/2007: Met her at BJ's Restaurant

04/15/2009: H1B approved

11/18/2011: Married

-----Adjustment of Status-----------------------------------------------

04/07/2012: Mailed documents I130, I102, I485, I765, Medical to CSC for Adjustment of Status

04/09/2012: Received Date/ Priority Date - NOA Received

04/16/2012: Received NOA Biometrics for I485 Appt: 05/07/2012

05/02/2012: Received NOA Biometrics for I765 Appt: 05/23/2012

05/07/2012: Went for Biometrics appointment at Bellflower, CA

06/05/2012: I765 Approved! Received EAD card

08/01/2012: Conditional PR APPROVED at CA service center

-----ROC-------------------------------------------------------------------------------------------

04/10/2014: Received a notice from USCIS stating that I need to file I751

04/12/2014: ROC sent via FedEx to VT service center (VSC)

04/14/2014: ROC package delivered

Sent ROC 3weeks earlier than the 90day window, now waiting for USCIS to mail the packet back

05/08/2014: Check got cashed

05/09/2014: NOA1 received- Receipt date: 05/05/2014

06/06/2014: Called USCIS helpline to raise a Service request for biometrics status

06/09/2014: Received email from USCIS that my Biometrics is CURRENT

02/01/2015: Moved my residence from New Jersey to Los Angeles, California

02/02/2015: Updated my address in USCIS website

03/23/2015: Infopass appointment- Officer said that my case was approved on 03/19/2015

03/23/2015: Approval letter received dated: 03/19/15

03/30/2015: Card Mailed

03/31/2015: Received tracking# update

04/02/2015: Card in hand

-----N400------------------------------------------------------------------------------------

06/01/2015: N400 Package Sent via USPS to Arizona Lockbox

06/03/2015: Package delivered

06/12/2015: NOA1 received- Receipt date: 06/05/2015

06/22/2015: Received Bio-metric Appt. Dated: 07/02

07/02/2015: Bio-metrics complete

02/25/2016: In-line for Interview

04/04/2016: Citizenship Interview

04/05/2016: Status changed to Oath ceremony notice was mailed

04/08/2016: Received Oath ceremony appointment letter in mail dated: 04/21/2016

04/21/2016: BECAME A US CITIZEN

 

Share this post


Link to post
Share on other sites

Hi Nevin,

First of all, I will just tell you to relax, your case is not as complicated as you make it sound. USCIS will not deny you just because you owe taxes. They will adjudicate base on the actions you have taken to address the delinquency. In you case, you have set up a payment plan so you are in good shape. Just make sure that you answer the question accordingly on the N400 form and submit copies of your payment agreement and other taxes. You need to keep the original to show them during the interview should the question arise.

As for the speeding ticket, there is the question on the N400 form pertaining to any arrest, citation etc.. you should say yes to that and provide a copy of the settlement or final notice from the court showing that the fine was taken care of. You are good to go, do not worry too much.

Share this post


Link to post
Share on other sites

Hey friends,

I will be eligible to apply for citizenship on May 1st 2015. I have couple of questions related to my Taxes and a speeding ticket.

First question "My taxes"

In 2012 I had multiple 1090's and missed filing one of the 1090's as my employer had failed to send me the 1090. It was my mistake i should have not forgotten and contacted my employer. Had i not forgotten i would've definitely paid, anyway it surely is my negligence . All said and done i wasn't unaware of this until 2014 when IRS got hold of me they sent the paper work stating that i owe taxes. It was a shocker looking at the penalties and all. I called IRS and they setup a payment plan which i am paying every month even now.

Will USCIS treat my case as regular and still consider my application or are there chances that they might deny me due to delinquency in paying taxes?

Here is my tax payment history:

started to work in the USA from 2009 Oct

2009 Filed my taxes

2010 Filed my taxes

2011 Filed my taxes

August 2012 i became a CPR

2012(2x1090's and 1xw2) - Filed jointly but missed filing one of the 1090

2013 Filed my taxes jointly

2014 Filed my taxes jointly

Second question "speeding ticket"

I got a speeding ticket in 2011 which was close to $800 which has been paid off. Some people in the forum say that we need to mention any speeding ticket which is above $500. Is that true? Do i need to mention this and provide IRS with the payment receipt? I don't see anywhere in the application that we need to mention about driving tickets.

Any feedback on the above questions will be helpful.

Thanks All!

Taxes: probably no problem. Take evidence of everything related to the agreement. You did fail to pay taxes that you owes so you need to indicate this in answer to the question in the form. Attach an explanation. Since you are in the process of settling things with the IRS and you can demonstrate that you are, there should be no problem. I assume you filed jointly when you're married and you filed separately when you were unmarried. If this wasn't the case, you're going to have to file an amendment.

Actually you have to indicate all speeding tickets. The instructions say that you only have to attach evidence for tickets over $500, but you have to disclose everything. So you definitely have to say that yes, you were cited. Attach the receipt of payment and go to the court and get the final disposition or dismissal papers for the charges. You will need both. Submit copies and take originals with you to the interview. This should not be a problem in and of itself However an $800 ticket is unusually high and is indicative of something more serious than speeding If whatever the offense was (for example if it was alcohol related) reflects poorly on your moral character, then you might be questioned about it. If tthe incident was more than five years ago, then it would be outside of the statutory period for naturalization and should not affect your application. From reading the policy manual, it's not entirely clear to me whether the statutory period for applications by marriage is still five years, or is only three years. So whether or not you'll have a problem with this depends on what your $800 final was for. If it's for speeding, I don't think it'll be a problem, but I'd love to know how fast you were going!


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites
Taxes

USCIS will not deny as long as you are truthful about your tax delinquency. You mention it was an oversight in a particular year. More importantly, the one-off ommision doesn't appear to be a trend as you seem to have filed every other year. Make sure to carry evidence of communications between you and the IRS, including the payment plan as well as payments you've made (bank debits, cc statements, etc)


It is possible USCIS might hold off on adjudicating your N400 till you're fully paid and IRS certifies you non-delinquent. This is an assumption on my part, I hope to be wrong.


Ticket

One speeding ticket is not an automatic bar to the moral clause as long as it is disclosed, cleared by courts and does not involve related mishaps, ie alcohol, reckless driving, etc. An $800 "speeding ticket" seems unusually high for simply speeding. Again, it must be disclosed, and be prepared with evidence from the court that you're in the clear.


Overall, you should be ok but be prepared for any stumbles if you're unlucky enough to be assigned a particularly picky officer.


Good luck!


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites

Oops mistakenly posted twice

Edited by Kiran n Suds

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Share this post


Link to post
Share on other sites

Hi Nevin,

First of all, I will just tell you to relax, your case is not as complicated as you make it sound. USCIS will not deny you just because you owe taxes. They will adjudicate base on the actions you have taken to address the delinquency. In you case, you have set up a payment plan so you are in good shape. Just make sure that you answer the question accordingly on the N400 form and submit copies of your payment agreement and other taxes. You need to keep the original to show them during the interview should the question arise.

As for the speeding ticket, there is the question on the N400 form pertaining to any arrest, citation etc.. you should say yes to that and provide a copy of the settlement or final notice from the court showing that the fine was taken care of. You are good to go, do not worry too much.

Thankyou Alphonse! That ticket was combined for a 100mph speeding+ window tint+GPS mounted under the rear view mirror. Sounds crazy but yeah it was $800 ticket :P

Taxes: probably no problem. Take evidence of everything related to the agreement. You did fail to pay taxes that you owes so you need to indicate this in answer to the question in the form. Attach an explanation. Since you are in the process of settling things with the IRS and you can demonstrate that you are, there should be no problem. I assume you filed jointly when you're married and you filed separately when you were unmarried. If this wasn't the case, you're going to have to file an amendment.

Actually you have to indicate all speeding tickets. The instructions say that you only have to attach evidence for tickets over $500, but you have to disclose everything. So you definitely have to say that yes, you were cited. Attach the receipt of payment and go to the court and get the final disposition or dismissal papers for the charges. You will need both. Submit copies and take originals with you to the interview. This should not be a problem in and of itself However an $800 ticket is unusually high and is indicative of something more serious than speeding If whatever the offense was (for example if it was alcohol related) reflects poorly on your moral character, then you might be questioned about it. If tthe incident was more than five years ago, then it would be outside of the statutory period for naturalization and should not affect your application. From reading the policy manual, it's not entirely clear to me whether the statutory period for applications by marriage is still five years, or is only three years. So whether or not you'll have a problem with this depends on what your $800 final was for. If it's for speeding, I don't think it'll be a problem, but I'd love to know how fast you were going!

Thank you! that was the only time i got pulled over and got a ticket. I will carry the ticket receipt when they call me for interview. thanks again!

Taxes

USCIS will not deny as long as you are truthful about your tax delinquency. You mention it was an oversight in a particular year. More importantly, the one-off ommision doesn't appear to be a trend as you seem to have filed every other year. Make sure to carry evidence of communications between you and the IRS, including the payment plan as well as payments you've made (bank debits, cc statements, etc)

It is possible USCIS might hold off on adjudicating your N400 till you're fully paid and IRS certifies you non-delinquent. This is an assumption on my part, I hope to be wrong.

Ticket

One speeding ticket is not an automatic bar to the moral clause as long as it is disclosed, cleared by courts and does not involve related mishaps, ie alcohol, reckless driving, etc. An $800 "speeding ticket" seems unusually high for simply speeding. Again, it must be disclosed, and be prepared with evidence from the court that you're in the clear.

Overall, you should be ok but be prepared for any stumbles if you're unlucky enough to be assigned a particularly picky officer.

Good luck!

i hope they dont put my application on hold. Lets see. :) Edited by Nevin

04/15/2006: Arrived at LAX on F1

12/12/2007: Met her at BJ's Restaurant

04/15/2009: H1B approved

11/18/2011: Married

-----Adjustment of Status-----------------------------------------------

04/07/2012: Mailed documents I130, I102, I485, I765, Medical to CSC for Adjustment of Status

04/09/2012: Received Date/ Priority Date - NOA Received

04/16/2012: Received NOA Biometrics for I485 Appt: 05/07/2012

05/02/2012: Received NOA Biometrics for I765 Appt: 05/23/2012

05/07/2012: Went for Biometrics appointment at Bellflower, CA

06/05/2012: I765 Approved! Received EAD card

08/01/2012: Conditional PR APPROVED at CA service center

-----ROC-------------------------------------------------------------------------------------------

04/10/2014: Received a notice from USCIS stating that I need to file I751

04/12/2014: ROC sent via FedEx to VT service center (VSC)

04/14/2014: ROC package delivered

Sent ROC 3weeks earlier than the 90day window, now waiting for USCIS to mail the packet back

05/08/2014: Check got cashed

05/09/2014: NOA1 received- Receipt date: 05/05/2014

06/06/2014: Called USCIS helpline to raise a Service request for biometrics status

06/09/2014: Received email from USCIS that my Biometrics is CURRENT

02/01/2015: Moved my residence from New Jersey to Los Angeles, California

02/02/2015: Updated my address in USCIS website

03/23/2015: Infopass appointment- Officer said that my case was approved on 03/19/2015

03/23/2015: Approval letter received dated: 03/19/15

03/30/2015: Card Mailed

03/31/2015: Received tracking# update

04/02/2015: Card in hand

-----N400------------------------------------------------------------------------------------

06/01/2015: N400 Package Sent via USPS to Arizona Lockbox

06/03/2015: Package delivered

06/12/2015: NOA1 received- Receipt date: 06/05/2015

06/22/2015: Received Bio-metric Appt. Dated: 07/02

07/02/2015: Bio-metrics complete

02/25/2016: In-line for Interview

04/04/2016: Citizenship Interview

04/05/2016: Status changed to Oath ceremony notice was mailed

04/08/2016: Received Oath ceremony appointment letter in mail dated: 04/21/2016

04/21/2016: BECAME A US CITIZEN

 

Share this post


Link to post
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
- 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.
×