Taxes for N-400

[Sugardoll 0]

Hello All,

I'm about to apply for citizenship. I have been happily married to my American husband for over 3 years. We have never filed our taxes together because right before we got married he had a bankruptcy (my step dad was kind enough to be my financial sponsor). My husband is a bit of a procrastinator and has not filed his taxes since 2007. I have filed mine every year, even when I was a student and barely making any money.

So the question is: do I need to file his taxes as well or will mine ALONE suffice? Can anyone shed some light on this?

Thanks so much for your time and advice.

Sugardoll

[Sugardoll 0]

Please let me clarify, I meant to ask if I need to send in his tax copies or transcripts with mine? Or can I just send mine alone?

[Anh map 2,098]

As you're applying based on being married to a USC it may be asked for. Given your husband's (poor) decision to not file his returns you really can't do much if you get that RFE. You want to show comingling of your lives as a married couple. Send more of the things that do show that.

FWIW here is what we sent along with my wife's application:

• My completed form N-400 that includes two supplemental information pages.
• Form G-1145 E-notification of Application Acceptance
• A photocopy of both sides of my Permanent Resident Card
• Two identical color photos.
• A check in the amount of $675 made payable to US Department of Homeland Security.
• A copy of the inside front cover and signature page of my husband’s current US passport.
• My current marriage certificate.
• Copies of two divorce decrees from my husband’s prior marriages.
• Joint IRS tax transcripts for years 2007, 2008, and 2009.
• Three apartment leases
• Copies of several joint bank account statements from July 2007 to the Present.
• A copy of my divorce decree from prior marriage.

[CVB 18]

Please let me clarify, I meant to ask if I need to send in his tax copies or transcripts with mine? Or can I just send mine alone?

The USCIS doesn't need to see joint filed tax returns. What they want to see is that you have filed taxes since this is an obligation. It is a part of the requirements in having a good moral character. Both Permanent Residents and Citizens need to be current on their taxes to be eligible for citizenship. Even when filing individually your marriage status is still mentioned on the tax return, so that shouldn't be a problem. The fact that your husband didn't file his taxes might be. I really would do the utmost to take care of this. You have to emphasize to your husband the importance of filing taxes in regard of you becoming a citizen. Believe me, the argument of him being a procrastinator will not be accepted by the USCIS as a reason.

[v333k 59]

CVB is right. In addition, tax returns are also an indicator of being married on federal documents... hence their importance. I would include copies of both to show that you are both filing as married, filing from the same residential address, and listing the spouse as well on your returns.

[Sugardoll 0]

Thanks so much for the advice. When filing my taxes I have always checked off the married box and include his name and info. He has not filed for the last 3 years because he went bankrupt and dissolved his business and still has a lot of work to do in order to make sure that he doesn't get stuck paying more then he should. I don't totally understand how that stuff works but I think he is trying to carry over some losses or something like that? I realize that being a procrastinator won't be a good excuse. Fortunately for me, he procrastinates but he's very good at cooking and cleaning LOL..

One more question: Do you think that if I send in the application with my taxes alone I will get a RFE? Or do you think they will just request that I bring his transcripts with me to the interview? I would like to get the application sent in ASAP and he said he will get onto the taxes this week. I'm sure he can get them finished before an interview is scheduled.

[CVB 18]

Thanks so much for the advice. When filing my taxes I have always checked off the married box and include his name and info. He has not filed for the last 3 years because he went bankrupt and dissolved his business and still has a lot of work to do in order to make sure that he doesn't get stuck paying more then he should. I don't totally understand how that stuff works but I think he is trying to carry over some losses or something like that? I realize that being a procrastinator won't be a good excuse. Fortunately for me, he procrastinates but he's very good at cooking and cleaning LOL..

One more question: Do you think that if I send in the application with my taxes alone I will get a RFE? Or do you think they will just request that I bring his transcripts with me to the interview? I would like to get the application sent in ASAP and he said he will get onto the taxes this week. I'm sure he can get them finished before an interview is scheduled.

The question is here... do you have another choice? Of course you can wait but I don't think it's necessary. When they want to see your husbands tax returns they will send you that yellow paper and mention it. If they don't ask for it, even better. Try to have everything with you on the interview though. There is a big change they will never ask for it but on the other hand you don't want to lose needless time either. Good luck with your good cooking procrastinator, LOL. Having your own business is not easy and bankruptcy is not a laughing matter. A lot of stress. Ask Donald Trump.

[NickD 203]

Running a business has its ups and downs, always have fixed expenses, property taxes is one key one, and they don't give a damn whether you make a profit or not, still have to pay them.

Had a lost one year, but we still filed a joint return, in the income section, inserted a negative, so as a family, we ended up paying even less taxes. Sorry, I don't see your logic in filing separately, has to be to your disadvantage. Sounds like you need a knowledgeable tax accountant. Also something else they don't even bring up at the marriage ceremony, you are liable for each others debts as a married couple. One reason why I am strongly in favor of same sex marriages, if they are dumb enough to get married, let them.

[Anh map 2,098]

Hubby may not being completely truthful about his reasons for not filing taxes yet. Loss carry forward won't help if you never file the returns. And past returns can always be amended (up or down). But that doesn't matter here.

Go ahead and file. As CVB stated you really don't have a choice. You may get an RFE or you could get a letter similar to the one that arrived here the other day asking that my wife bring the originals of my divorce decrees to her interview. Not an RFE, more like a "you better bring this" letter. In our case, not a problem as we already have all originals prepared for the interview.

[Nimaan 27]

A very close friend of mine filed citizenship based on 3 yr marriage to USC. She only sent the application, 2 pictures and copy of GC.

When they sent the RFE, they listed the items to take to the interview. She showed the io the tax returned she filed but io wanted transcripts from IRS.

She told the io she didn't have any, so the io wanted to see bank statements. She showed the io the bank statements with all the transactions and that was it, she was approved right there!

So, it also really depends on the io as well. Some will give you a hard time and some will not.

[Sugardoll 0]

A very close friend of mine filed citizenship based on 3 yr marriage to USC. She only sent the application, 2 pictures and copy of GC.

When they sent the RFE, they listed the items to take to the interview. She showed the io the tax returned she filed but io wanted transcripts from IRS.

She told the io she didn't have any, so the io wanted to see bank statements. She showed the io the bank statements with all the transactions and that was it, she was approved right there!

So, it also really depends on the io as well. Some will give you a hard time and some will not.

Thanks for the encouraging story. I sent my package out on Dec 3 and I expect it to arrive at the PO Box by Monday. I will let everyone know how it goes and whether or not they ask me to bring more evidence to the interview. Here's a list of what I sent:

-N-400 Application form, photocopy of GC on both sides, hubby's birth cert, proof that he is divorced from his 1st marriage, our marriage certificate

-my 2007, 2008, 2009 taxes (1040's) that were filed separately.

-our rental lease

-some joint bank account statements.

-check for $680

- Two 2x2 photos with white background

My husband is starting on his taxes this Tuesday so that we are prepared if they ask.

Wish me luck!