Problem? I only have 2 years returns

[bradcanuck 1]

I only have 08 and 09 taxes right now. I am going to be filing my 2010 as soon as all of the W2s and school receipts come in but that will be first week of February.

My interview date is the 28th, if I don't have my 3rd year transcript in hand by then - can they hold up the application for that? What can I do there?

[YuAndDan 153]

I only have 08 and 09 taxes right now. I am going to be filing my 2010 as soon as all of the W2s and school receipts come in but that will be first week of February.

My interview date is the 28th, if I don't have my 3rd year transcript in hand by then - can they hold up the application for that? What can I do there?

Nope, they cannot expect you to file before TAX deadline in April.

I would simply bring what you have to the interview.

[nigel 7]

I only have 08 and 09 taxes right now. I am going to be filing my 2010 as soon as all of the W2s and school receipts come in but that will be first week of February.

My interview date is the 28th, if I don't have my 3rd year transcript in hand by then - can they hold up the application for that? What can I do there?

You sent in 07/08/09 taxes to them correct? .your 2010 taxes is not required to be submitted until after the 15 april...by that time you have been done and dusted..

If you need tax transcripts you can call the IRS free number to have them sent to you free of charge... that takes around 14 days but sometimes sooner..but if your in a rush go to your local IRS they will do it there and then for you ...again should be free of charge....yep the word "IRS" and " Free" don't sound right does it...

Hope that helps anyways..

[Brother Hesekiel 2,235]

In order to be eligible for naturalization under the best circumstances, you'll have to be a resident for 3 years. That means 3 years of tax returns, more precisely 2007, 2008, and 2009, as 2010 is not yet due. So if you didn't file a return for 2007 for any reason, do it now, even if your income was $0.

Afterward, get tax transcripts from the IRS for those 3 years. This way you can truthfully answer that you never failed to file an income tax return since becoming a resident and don't have to explain why you did. The I.O. at the interview will only check for the 3 transcripts; the amount you made or didn't make doesn't concern them.

[nigel 7]

In order to be eligible for naturalization under the best circumstances, you'll have to be a resident for 3 years. That means 3 years of tax returns, more precisely 2007, 2008, and 2009, as 2010 is not yet due. So if you didn't file a return for 2007 for any reason, do it now, even if your income was $0.

Afterward, get tax transcripts from the IRS for those 3 years. This way you can truthfully answer that you never failed to file an income tax return since becoming a resident and don't have to explain why you did. The I.O. at the interview will only check for the 3 transcripts; the amount you made or didn't make doesn't concern them.

This is a prime sample of uscis thinking...

http://www.visajourney.com/forums/topic/292556-n-652-uscis-will-send-you-a-written-decision/page__p__4431750__fromsearch__1#entry4431750

[bradcanuck 1]

You sent in 07/08/09 taxes to them correct?

Nope. I received my GC January 11, 2008. I never received work auth, so I wasn't working in 2007 and can't submit a 2007 return since I got my social January 11, 2008.

I need my 2010 to have 3 years returns.

[nigel 7]

Nope. I received my GC January 11, 2008. I never received work auth, so I wasn't working in 2007 and can't submit a 2007 return since I got my social January 11, 2008.

I need my 2010 to have 3 years returns.

So you filing on the 3 yr rule or 5 yr? if its 3 yr rule if you wasnt working in 07 then you would have still filed as joint with you and your wife correct?

[YuAndDan 153]

Nope. I received my GC January 11, 2008. I never received work auth, so I wasn't working in 2007 and can't submit a 2007 return since I got my social January 11, 2008.

I need my 2010 to have 3 years returns.

When did you get married?? If was in 2007, then should have a Joint return for 2007 even though you did not work or have SSN a joint return could have been filed using an ITIN issued by IRS.

Many file joint returns even when spouse is overseas waiting for a spouse visa.

[NickD 202]

When did you get married?? If was in 2007, then should have a Joint return for 2007 even though you did not work or have SSN a joint return could have been filed using an ITIN issued by IRS.

Many file joint returns even when spouse is overseas waiting for a spouse visa.

Was wondering about that myself, wife applied at the earliest possible date, well 89 days before her LPR card third anniversary, 90 days fell on a Sunday. But somehow we managed to have four years of joint returns. Could have been caused by super long delays in our AOS.

But anyway, I don't see your problem, if you have earned income with W-2's, that can be filled out in minutes, just bring that in at your interview exactly the way you would send it in to the IRS with the W-2's attached. If your IO wants that, he/she can make a copy of it with you keeping the original. What makes a copy legal of your tax returns is making all the copies first, then having you and your spouse sign and date each copy by hand. You are not required to bring in transcripts.

I always have sent in copies of our tax returns to the state and federal IRS, the originals are the ones with the label pasted on them, I keep those for my records. You can even send in copies of your W-2's or 1099's. Or even now, not even send them in at all if you file electronically. But you have to type all that stuff in yourself. They have records of every financial transaction you made, and cross check it.

[upover 0]

I'm in the same boat. Only two years of tax returns. Both my wife and I had problems finding work (we were not in the US until late 2007 and didn't find work until 2008) in 2007 so we didn't file as we had no income. We were staying with hr family, so they supported us. So in the next week or so I will probably file taxes once again (so three years) but I thought you could show USCIS other evidence such as bank accounts, etc? Either way, with only two years worth how much of a problem will it be?

[NickD 202]

I'm in the same boat. Only two years of tax returns. Both my wife and I had problems finding work (we were not in the US until late 2007 and didn't find work until 2008) in 2007 so we didn't file as we had no income. We were staying with hr family, so they supported us. So in the next week or so I will probably file taxes once again (so three years) but I thought you could show USCIS other evidence such as bank accounts, etc? Either way, with only two years worth how much of a problem will it be?

Can still file without an income, no law against that, had a couple of years when I filed a negative income return, but that was to my advantage for a loss carry over. Difficult to say what the USCIS will say when they say to bring in three years of tax returns. Don't have to with the five year which is always an option.

[upover 0]

But in the application (N-400) it states " Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; OR

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; or

c. An IRS tax return transcript for the last 3 years"

So we have lease agreements, bank accounts and a roth ira and tax transcripts for the past two returns. I have my interview coming up so I guess I will try to file before then but I wont get transcript in time for the interview. I will take in our w-2s and although that might not mean much to USCIS it can't hurt to take it in.

[Brother Hesekiel 2,235]

Understand this: in all but the most rare cases the "relationship" with the spouse is not on the table anymore at the N-400 stage. They take your word for it that you are still happily married. The tax transcripts are proof that you filed your taxes like any other resident. If you didn't file because you had no income, it will not prevent you from becoming a citizen. It's just so much easier to have a tax transcript in the file instead of having to contact the IRS and have them provide a letter. Therefore, again, I would file the 2007 return now, and thereafter order the 3 tax transcripts. It doesn't take longer to fill in a bunch of zeros into a form and click "Send," than writing a letter to the IRS.

Edited January 28, 2011 by Just Bob

[upover 0]

OK, so filing for 2007 I just fill everything in with a zero! Now this is in no way a late filing is it? I'm assuming (paranoia I guess) that you don't file (normally) unless you have an income, so this will in no way affect me negatively will it?

[nigel 7]

I'm in the same boat. Only two years of tax returns. Both my wife and I had problems finding work (we were not in the US until late 2007 and didn't find work until 2008) in 2007 so we didn't file as we had no income. We were staying with hr family, so they supported us. So in the next week or so I will probably file taxes once again (so three years) but I thought you could show USCIS other evidence such as bank accounts, etc? Either way, with only two years worth how much of a problem will it be?

Income or no income...you still got to file your taxes being married ..single...living with mum whatever...

I was out of the us in 2006 for 9 mths but usc wife still filed joint taxes in 06/07

There looking for last 3 yrs of tax files and if you never filed taxes for one of them 3 yrs they want to know why? There was a member here the other day who went to interveiw and showed his 3 yrs of taxes the i.o ask him why have you filed "single" ? when your "married" ...the member said cas his accountant said being his wife was in school it's ok to file single.which is a big NO NO in IRS and uscis...anyway his interveiw got put on hold

until futher notice....im not sure what will become of that now....

Im wondering tho....when somebody files the N-400 and only sends with there application with only 2 yrs of taxes why don't the applicant get a RFE on that? or do this not come into play until later down the process like at interveiw or something?.

You see if i only had 2 yrs taxes wright now, i would eaither wait until i did my 2010 returns then ill have all 3 yrs to show.....or even wait for the 5 yr rule to file a N-400, where they dont ask to see such documents....not saying for one second tho they cant ask to see your taxes...cas they can if they want to...