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N400 Tax Question

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Filed: Citizen (apr) Country: Ukraine
Timeline

Permanent Residents are treated the same as U.S. Citizens for tax purposes. If their gross income is below the filing requirement then they don't normally have to file a return. See the link below to the IRS website to see if your parents need to file a return.

Do You Need to File a Federal Income Tax Return?

Do not confuse immigration law with tax law. You will not find any immigration requirements in the IRS tax code or an IRS tax site. you WILL find them in the letter which comes with your interview appointment for your citizenship. Bring your last three years tax returns or tax transcripts.

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Gary And Alla

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Filed: Citizen (apr) Country: Russia
Timeline

Do not confuse immigration law with tax law. You will not find any immigration requirements in the IRS tax code or an IRS tax site. you WILL find them in the letter which comes with your interview appointment for your citizenship. Bring your last three years tax returns or tax transcripts.

I am not confused. I pointed out that for tax purposes they were not required to file unless they meet the filing requirements. My step-daughter is a permanent resident and she has only filed one return since she arrived here in 2008 since she is a college student. She will be eligible to file for citizenship next year. We will find out if tax returns are required by USCIS in order to get citizenship.

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Filed: Timeline

Yes. LPRs MUST file tax returns.

No. YOu can attach a copy of the amended return with all schedules and attachments. You do not need a transcript.

OK so I have form 1040X all filled out by accountant with all schedules and attachments, can I just make a copy of this and send it with the transcripts for 2010 and 2011? as in the visa journey guide it says:

Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

An IRS tax return transcript for the last three years.

Before I mail the amended return in I just want to make sure?

Thank you!!

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OK so I have form 1040X all filled out by accountant with all schedules and attachments, can I just make a copy of this and send it with the transcripts for 2010 and 2011? as in the visa journey guide it says:

Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

An IRS tax return transcript for the last three years.

Before I mail the amended return in I just want to make sure?

Thank you!!

You can do either way. If I were you I wouldn't worry about it. The copy of the amended return is all you need for 2009. If you are worry though you can have the amended return stamped in your local IRS service center. To do this, print out two copies. Take both copies to your local IRS service center. They will keep one copy and stamp the second copy as "filed". Good luck!

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