What am I going to do now ?

[liberal 0]

I am preparing my N400 application on a 3 year marriage based rule... I arrived in U.S. on Nov-2008 didn't file taxes that year. so now i just have tax return for 2009 and 2010. do they have to have 3 years ?

[Inky 1,110]

Yes 3 years. You will have to prove why you did not have to file.

I would just go back and file a late return if I was you to avoid the whole mess.

[nigel 7]

I guess you was married in 2008 correct? so any reason why you did'nt file joint taxes for 2008?

Im only asking you this cas it will come up at interveiw.

Edited January 29, 2011 by nigel

[Bforbarree 4]

I am preparing my N400 application on a 3 year marriage based rule... I arrived in U.S. on Nov-2008 didn't file taxes that year. so now i just have tax return for 2009 and 2010. do they have to have 3 years ?

That makes sense to me, November 2008, you were here for less than 2 months, didn't work?

But the guides do say 3 years.

Are you submitting your N400 in November 2011? Because as of then you will have been living here as a lawful resident for 3 years with your spouse who is a US Citizen, because this exception is NOT based simply on 3 years of marriage. The requirement is 5 years as a lawful resident living in the US...or 3 years living in the US as a lawful resident with you USC Spouse.

That being said...

Since there is no deadline for the N400, instead of filing in November 2011, why not just wait a couple of months, get your 2011 taxes done ASAP and submit the N400 in early 2012 with your 2009, 2010, 2011 taxes?

Then they have 3 years worth and you don't have to worry that you might come up short with the paperwork they require?

[Used to be broken 143]

That makes sense to me, November 2008, you were here for less than 2 months, didn't work?

But the guides do say 3 years.

Are you submitting your N400 in November 2011? Because as of then you will have been living here as a lawful resident for 3 years with your spouse who is a US Citizen, because this exception is NOT based simply on 3 years of marriage. The requirement is 5 years as a lawful resident living in the US...or 3 years living in the US as a lawful resident with you USC Spouse.

That being said...

Since there is no deadline for the N400, instead of filing in November 2011, why not just wait a couple of months, get your 2011 taxes done ASAP and submit the N400 in early 2012 with your 2009, 2010, 2011 taxes?

Then they have 3 years worth and you don't have to worry that you might come up short with the paperwork they require?

Very good answer

[nigel 7]

Yep that could work..but what if the uscis wants to see 08 taxes also...they can if they want to....

Edited January 30, 2011 by nigel

[Bforbarree 4]

Yep that could work..but what if the uscis wants to see 08 taxes also...they can if they want to....

What if? You could "what if" yourself into a coma during these processes!

Cross that bridge when you come to it, if they ask him for 2008 he'll have to tell them that he does not have it, it's the truth and it is reasonable, he was here at the tail end of the year and if he did not have income then, it makes sense.

Anyway, I seriously don't think they will ask him for 2008, they are not doing an IRS audit

and USCIS really doesn't want to be overwhelmed with your paperwork, they want to see the required

evidence and some reasonable supporting evidence.

If they ask for 3 years, give what they ask for, don't second guess it!

[nigel 7]

what might be reasonable in our brains is not with the uscis..

[NickD 202]

Since I have all of our joint returns in one file, went back four years, heck, threw in the state joint returns as well. Kind of like you want evidence, we have evidence. And was also trying to give the USCIS a subtle reminder that they really took an excessive long time in processing our AOS.

But with numbers, 3 means 3, under 18 means under 18, under 21 means under 21, and 90 days before means no more than 90 days before. So that witch of an IO that is spelled with a "B" that interviewed my wife got nasty when we showed 4 years of tax returns and said only 3. She didn't want state taxes as additional evidence as that wasn't asked for, but she did want to see a worthless joint utility bill that we had, and that for damned sure wasn't requested.

Just have a feeling from our experience if you wait and go send in "three" federal only tax returns, you will be fine. But don't send your application in 90 days plus one second too soon, wait that extra second.

I didn't feel like driving into town and paying for overnight postage on my wife's application, have a postage scale so weighed it, took twenty first class stamps to meet the required amount for the weight. Did the same thing for my five year stepdaughters application, was just barely over an ounce, could have put her application in the oven to get rid of the moisture to get it under, but why risk it? So added on more stamp. What I am trying to say, for that two year gain with marriage, they really want a ton of evidence that you are happily paying taxes and paying bills together, more so than anything else to meet the requirements. Feel they are going way overboard with this marriage thing.

Then I wondered why they didn't want notarized signed affidavits that we were married and living together, could have received those from our neighbors, police chief, mayor, congressman, senator, and even the federal judge that married us. Or better yet, they could have just asked me under oath. Wifes' IO didn't want to see me period, just my papers, reminded me of Nazi Germany, where are your papers!

[liberal 0]

Thanks for answering my question guys. I arrived in U.S. in nov-2008 so yes i was here for less than 2 month that year and had no income and my spouse didn't work either thats why didn't file taxes for 08. and if i am right i will be eligible to apply for N400 in August this year as it will be 90 days less in 3 years. so now i am kind of stuck would u recommend filing back taxes for 08 ? or i can just add a note to my application explaining why i just have 2 years returns.

[w8inglongtime 29]

Yep that could work..but what if the uscis wants to see 08 taxes also...they can if they want to....

If the OP doesn't have it, he/she simply doesn't have it. USCIS wants all applicants to tell the truth and the truth according to the OP is they both did not work in 08 so they can never produce tax returns and uscis WILL have to accept that. Like others have suggested, the OP can wait and file the N400 in 2012 so the 08 questions won't even come up. They will then have 09,10, and 2011.

[Bforbarree 4]

Thanks for answering my question guys. I arrived in U.S. in nov-2008 so yes i was here for less than 2 month that year and had no income and my spouse didn't work either thats why didn't file taxes for 08. and if i am right i will be eligible to apply for N400 in August this year as it will be 90 days less in 3 years. so now i am kind of stuck would u recommend filing back taxes for 08 ? or i can just add a note to my application explaining why i just have 2 years returns.

Maybe you are in a hurry for some reason and that is you business.

BUT if you file in August your application will be rejected because you are NOT ELIGIBLE

You have to be living here for 3 years prior to filing the application.

[nigel 7]

If the OP doesn't have it, he/she simply doesn't have it. USCIS wants all applicants to tell the truth and the truth according to the OP is they both did not work in 08 so they can never produce tax returns and uscis WILL have to accept that. Like others have suggested, the OP can wait and file the N400 in 2012 so the 08 questions won't even come up. They will then have 09,10, and 2011.

Yes i so, so understand...but the spouse "should" have filed JOINT taxes in 08 ..it makes no differance if there working or not...

Plus fileing on the basis of the 3 yr rule,(married) the very least they want to see is that as a married couple they both filed Joint taxes for the last 3 yrs..simple as that.

I hate to say it but look at it as the(officer) interveiwer points of veiw he/she wants to see also evidence that the applicant is one of good moral standing...and that means that you have filed taxes since becoming a p.r

The uscis is sticklers when it come to the 3yr rule and taxes..as they feel the very least, the applicant is still happy married, paying taxes,and in good moaral standing.

Here is a sample link of a member who was asked about taxes while in the N400 interveiw.

http://www.visajourn..._1#entry4431750

IMHO..i would either wait until i have 3 yrs of taxes in my hand....or goto the local IRS with your spouse and file taxes for 08 and get something on paper that you filed, then you have something to show if need be.

Personally i would wait to save all the drama..

[Bforbarree 4]

Yes i so, so understand...but the spouse "should" have filed JOINT taxes in 08 ..it makes no differance if there working or not...

Plus fileing on the basis of the 3 yr rule,(married) the very least they want to see is that as a married couple they both filed Joint taxes for the last 3 yrs..simple as that.

I hate to say it but look at it as the(officer) interveiwer points of veiw he/she wants to see also evidence that the applicant is one of good moral standing...and that means that you have filed taxes since becoming a p.r

The uscis is sticklers when it come to the 3yr rule and taxes..as they feel the very least, the applicant is still happy married, paying taxes,and in good moaral standing.

Here is a sample link of a member who was asked about taxes while in the N400 interveiw.

http://www.visajourn..._1#entry4431750

IMHO..i would either wait until i have 3 yrs of taxes in my hand....or goto the local IRS with your spouse and file taxes for 08 and get something on paper that you filed, then you have something to show if need be.

Personally i would wait to save all the drama..

Amen

He is eligible to file after he has been living here as a PR with his AC Spouse for 3 years...BUT he can file after 3 1/2 years, 4 years, 4 1/2 years. They ask for 3 years of taxes, give them 3 years of taxes not 2 years of taxes not 4 years of taxes.

[Brother Hesekiel 2,235]

Have you looked at the N-400 form yet?

There's a truckload of questions, all in blocks, and the boxes are all lined up nicely so that you know they either want to have you answer all with YES or all with NO (it switches). Like:

Are you crazy or mentally retarded?

Have you ever murdered someone and did not get caught?

Have you ever been a member of the Nazi movement?

Have you ever failed to submit a tax return since becoming a resident?

If you mark one box out of "alignment" that's an issue to be revisited. As an LPR you are required to file a tax return. So I agree with Inky: file it tomorrow, late, which takes 5 minutes and cost nothing. You also owe no taxes and there is no late fee for filing.

Once all of that has been taken care of, order tax transcripts for 2008, 2009, and 2010, again, all free of charge, and be confident that you can mark NO to the question when mailing off your N-400.

Edited January 30, 2011 by Just Bob