N-400 and Tax Return Requirements

[mark101 2]

Hello Everyone: I have an issue and wanted some input about this.

I am ready to file for my wife Citizenship based on marriage. When we filed for the I-751 to remove her conditions last year around April 2011 - we mailed it with COPIES of the 2009 and 2010 tax returns Since this was in April 2011 it was the same time we filed our taxes for 2010 - so we put the original 2010 tax return in the mail to the IRS and a copy of that 2010 tax return was also mailed to the USCIS with the I-751 (as I explained). When I filed my 2011 taxes returns with the IRS, the IRS informed us that they never received our 2010 tax returns only the 2009 tax returns. So they asked me to get another copy filed with the and to file both 2010 and 2011. Now keep in mind that USCIS has the copy of the 2010 I mailed them when I also mailed the original to the IRS thinking that they got it but they didn't. So I called my accountant and told her to prepare another 2010 and when I reviewed it something didn't look right so I asked her about it and she figured out that she (my accountant) made a mistake and I told her to correct it before I subit it to IRS. She corrected the mistake and it was a small mistake however it does change the numbers on the form. The gross yearly income stays the same but the inside - the numbers are different because instead of writing my income as 1099 she put it as W-2 which is a mistake. So now she changed it and corrected it and I filed it the IRS. Now that we are filing for Citizenship with the USCIS, we are required to give them tax returns for 2009, 2010 and 2011 - now 2009 and 2011 are okay but the 2010 copy will send them will not match the copy they got when we filed the I-751 a year ago. So my question is: Do you think this is a problem. It was a mistake made by my accountant and now I'm not sure how USCIS will look at that - any suggestions???? What should I do????

[rocks 494]

Nich-Nick gave you great advice on this.

I don't think they will be looking at it that closely to compare every line on two tax returns. I wouldn't worry about it. Send the most correct information you have at the time of filing. Sending transcripts is even better, even if you have to wait for them before filing. There's no deadline for citizenship. You have as long as you want. And let's say your 3 year eligibility date is July 15. Whether you apply in April or June 1, they probably aren't going to be handing out your interview until you approach that July 15 date anyway.

I don't think the numbers will matter much to them either, you are sending them tax transcripts to prove that you have been married and filed your taxes together. Send transcripts for 2009, 2010 and 2011, if it comes up it can be easily explained in the interview.

[msdelila 1]

I think that is a really minor issue. Just send in the new tax transcripts, and if they even notice, you just tell them that your taxes were refiled and changed in 2010 to reflect the corrections. this is not a big deal at all. I wouldn't worry about it.

[mark101 2]

I think that is a really minor issue. Just send in the new tax transcripts, and if they even notice, you just tell them that your taxes were refiled and changed in 2010 to reflect the corrections. this is not a big deal at all. I wouldn't worry about it.

But it wasn't refiled, the IRS never got the first copy and when we prepared another copy for them that is when my accountant and I realized the mistake - so its like I am filing for the first time however the copy that IRS never received is what was sent to the USCIS with the I-751 form. My accountant is willing to prepare a letter indicating that an error was made with the numbers.

[ManuFred 10]

But it wasn't refiled, the IRS never got the first copy and when we prepared another copy for them that is when my accountant and I realized the mistake - so its like I am filing for the first time however the copy that IRS never received is what was sent to the USCIS with the I-751 form. My accountant is willing to prepare a letter indicating that an error was made with the numbers.

I doubt they will look into the details of your return and of course, you can tell them this too if you're asked. Important thing is you have filed your return, which you did. You might have the option not to file tax information and take tax information (preferably transcripts) to the interview instead, like I did. IO asked me if I filed but didn't need to see proof so he never got to see my 2011 return which I wouldn't have mind in case he would have wanted to see it.