Taxes and Citizenship denial!

[erica_itz 5]

Hi, I have a question about taxes and citizenship.

I came here in 2012 with a K-1 visa and have the intention to apply for citizenship when the time is right. I'm just really worried about something: in 2008 AND 2009 I came to the US as a J1 visa holder in a program we call Work and Travel. We would come to work seasonal jobs (ski resorts, casinos, etc) for about 4 months and then return to our country. Since I wasn't a resident or anything, I didn't think I had to file tax returns, so I didn't! Does anyone know if this could be a reason for denial when I apply for citizenship? Is there anything I could do about it?

I appreciate any kind of help! thanks!

[Darnell 8,478]

you can back file those prior year taxes . That'll clear the tag on you.

[erica_itz 5]

Thanks for the quick answer!

My husband and I are going to file taxes jointly this month.

- Is it possible to file prior taxes along with this year's taxes?

- I was single back then, now I'm married. Does it mean I have to file the previous years separate from this years? How does it work?

- Since it's been 5 years since I came here as a J1 and didn't file taxes, does it mean I owe a lot of money?

Sorry if some of the questions make no sense. I don't understand ANTHING about filing taxes. I find this subject very difficult to understand!

Thank you!

you can back file those prior year taxes . That'll clear the tag on you.

[mandixon 9]

Hi, I have a question about taxes and citizenship.

I came here in 2012 with a K-1 visa and have the intention to apply for citizenship when the time is right. I'm just really worried about something: in 2008 AND 2009 I came to the US as a J1 visa holder in a program we call Work and Travel. We would come to work seasonal jobs (ski resorts, casinos, etc) for about 4 months and then return to our country. Since I wasn't a resident or anything, I didn't think I had to file tax returns, so I didn't! Does anyone know if this could be a reason for denial when I apply for citizenship? Is there anything I could do about it?

I appreciate any kind of help! thanks!

Well, you aren't required to file taxes if your income was below the amount required to file. Do you remember how much you made? Check IRS website for details about the income required to file (You should be able to find a table with details about the types of filings and the required amount). If you can document your income that would be more helpful (pay slips or any form of receipts). This was an advice to me by my immigration lawyer as I didnt file taxes for couple of years since I made less than the required amount (lived in a foreign developing country and got paid in local currency). I also kept my correspondence with IRS. I am applying for citizenship this month. I will update you about the outcome later. Email IRS now and inquire about the matter and present the correspondence with them later to USCIS if needed.

In the citizenship forms, you will have to answer this question: Have you ever failed to file a required income tax? Yes or No? Now, you need to make sure that you werent required to file, otherwise you need to justify your failure to do so or pay your over due taxes now (as someone indicated). I am not sure about the procedure of the latter.

Good luck!

[NickD 203]

Thanks for the quick answer!

My husband and I are going to file taxes jointly this month.

- Is it possible to file prior taxes along with this year's taxes?

- I was single back then, now I'm married. Does it mean I have to file the previous years separate from this years? How does it work?

- Since it's been 5 years since I came here as a J1 and didn't file taxes, does it mean I owe a lot of money?

Sorry if some of the questions make no sense. I don't understand ANTHING about filing taxes. I find this subject very difficult to understand!

Thank you!

1040EZ is your form, you file those taxes using the name you were using at the time. Standard deduction is around $9,500, if you earned less than that, won't owe a dime. Did you have an EAD and were you issued a SS number? Did you receive a W-2 from your employer? If none of the above, wouldn't worry about it, your earnings were never reported to the IRS.

Was just looking over my stepdaughters 1040EZ with part time jobs during college. We claimed her as a dependent since we were fully supporting her and paying her tuition. her standard deduction was $5,800 that she never could reach at a minimum wage part time job. So she received those few bucks of withheld state and federal income taxes back. But they do keep your FICA taxes, at a near 7% rate of your gross income, that is a lot of money for someone trying to earn a couple of extra bucks while going to college.

Even if you apply for US citizenship at the earliest possible date, should have no problems receiving three joint returns. Our AOS took 13 months, so we had four years of joint tax returns applying at the earliest possible date. That clock does not start ticking until you get that green card.

[erica_itz 5]

Yes, I was issued a SS and I did receive a W2 from my employee!

I'll check it when I get home, but I'm pretty sure my earnings were less than $9,500!

Thanks!

1040EZ is your form, you file those taxes using the name you were using at the time. Standard deduction is around $9,500, if you earned less than that, won't owe a dime. Did you have an EAD and were you issued a SS number? Did you receive a W-2 from your employer? If none of the above, wouldn't worry about it, your earnings were never reported to the IRS.

Was just looking over my stepdaughters 1040EZ with part time jobs during college. We claimed her as a dependent since we were fully supporting her and paying her tuition. her standard deduction was $5,800 that she never could reach at a minimum wage part time job. So she received those few bucks of withheld state and federal income taxes back. But they do keep your FICA taxes, at a near 7% rate of your gross income, that is a lot of money for someone trying to earn a couple of extra bucks while going to college.

Even if you apply for US citizenship at the earliest possible date, should have no problems receiving three joint returns. Our AOS took 13 months, so we had four years of joint tax returns applying at the earliest possible date. That clock does not start ticking until you get that green card.

Thanks for answering! Plese do keep me posted of your naturalization process! good luck!

Well, you aren't required to file taxes if your income was below the amount required to file. Do you remember how much you made? Check IRS website for details about the income required to file (You should be able to find a table with details about the types of filings and the required amount). If you can document your income that would be more helpful (pay slips or any form of receipts). This was an advice to me by my immigration lawyer as I didnt file taxes for couple of years since I made less than the required amount (lived in a foreign developing country and got paid in local currency). I also kept my correspondence with IRS. I am applying for citizenship this month. I will update you about the outcome later. Email IRS now and inquire about the matter and present the correspondence with them later to USCIS if needed.

In the citizenship forms, you will have to answer this question: Have you ever failed to file a required income tax? Yes or No? Now, you need to make sure that you werent required to file, otherwise you need to justify your failure to do so or pay your over due taxes now (as someone indicated). I am not sure about the procedure of the latter.

Good luck!

[Darnell 8,478]

Yes, I was issued a SS and I did receive a W2 from my employee!

I'll check it when I get home, but I'm pretty sure my earnings were less than $9,500!

Thanks!

OK - so get the 1040EZ forms on the years , each year, that you did not file.

Then file each one in one packet, altogether.

You SHOULD FILE, you know - as you'll probably get some refund on the taxes withheld by your employers.

Your wife might be able to help you - filing taxes is dead easy, if you have all of the instructions in front of you.

Since this is your first year, expect to file the paper returns, not anything electronic - but you should be able to get the refunds back via ACH bank deposit (usually... and if not - you get a nice paper check) .

I suggest you include a cover letter stating that for those filing years, you were unmarried.... Just in case, aye?

Go Get Em !

[NickD 203]

For wages you earned in 2008, here is the form:

http://www.finaid.txstate.edu/smhsbobcatpromise/contentParagraph/017/answer_files/file0/f1040ez.pdf

Easiest way to find it is to type in:

"Download IRS form 2008 1040EZ" on google. Same for tax year 2009, also can find a link next to it for the instructions that you should read.

Good luck. These are Adobe Acrobat Reader forms you can fill and save on your computer. I also feel you would be better to mail them in with your W-2 attached, explained your situation, and you didn't know you were suppose to do this.

[Okalian 41]

Hi, I have a question about taxes and citizenship.

I came here in 2012 with a K-1 visa and have the intention to apply for citizenship when the time is right. I'm just really worried about something: in 2008 AND 2009 I came to the US as a J1 visa holder in a program we call Work and Travel. We would come to work seasonal jobs (ski resorts, casinos, etc) for about 4 months and then return to our country. Since I wasn't a resident or anything, I didn't think I had to file tax returns, so I didn't! Does anyone know if this could be a reason for denial when I apply for citizenship? Is there anything I could do about it?

I appreciate any kind of help! thanks!

I was requesting the tax transcripts for my upcoming N400 interview, God Willing. I found 2011,2010 and 2009, but no 2008. Turns out they never received them!! So i filed them and dropped them off IN PERSON at the local IRS office with a RECEIVED stamp on it. I also got a document that shows i don't owe anything in taxes.

Even though I don't have to submit any transcripts to USCIS (since I'm filing based on 5 years), there are 2 questions on the N-400 form that ask if you owe any taxes and if you ever failed to file for taxes. Notice that it doesn't ask if you ever failed to file ON TIME, but simply failed to file. So this should clear things up since I'll be asked under oath.

Bottomline: It's never too late to file late taxes and even if it's not for USCIS, it's for your own peace of mind.

Edited March 7, 2013 by Okalian

[CarlosAndSveta 808]

1040EZ is your form, you file those taxes using the name you were using at the time. Standard deduction is around $9,500, if you earned less than that, won't owe a dime. Did you have an EAD and were you issued a SS number? Did you receive a W-2 from your employer? If none of the above, wouldn't worry about it, your earnings were never reported to the IRS.

Was just looking over my stepdaughters 1040EZ with part time jobs during college. We claimed her as a dependent since we were fully supporting her and paying her tuition. her standard deduction was $5,800 that she never could reach at a minimum wage part time job. So she received those few bucks of withheld state and federal income taxes back. But they do keep your FICA taxes, at a near 7% rate of your gross income, that is a lot of money for someone trying to earn a couple of extra bucks while going to college.

Even if you apply for US citizenship at the earliest possible date, should have no problems receiving three joint returns. Our AOS took 13 months, so we had four years of joint tax returns applying at the earliest possible date. That clock does not start ticking until you get that green card.

Non resident aliens should file their tax returns on Form 1040NR or Form 1040NR-EZ.

[NickD 203]

Not any mercy with that 1040NR-EZ, no standard deduction, and practically a fixed tax rate of 10% with incomes of less than $10,000. Just took a quick glance at it. Unless the US has a treaty with that persons home country, then exempt.

In this respect, the IRS is just like he USCIS, really have to dig deep to learn these things and get confused with over 1,015 different IRS forms. They don't make it simple and you would be dead meat unless you were very competent at using a computer. Until quite recently, the IRS was sending us the instruction book and basic forms with a preprinted label to make it easier to file your taxes, they are trying to go paperless lately. We even had an IRS office in town, that was closed down, but worthless going in there. Guy running it, didn't know anything with only a small handful of the most common forms available.

What hasn't changed are the penalties for not filing your tax returns. Our state is the same way.

In regards to my stepdaughter, she didn't have to file at all,but we did for that big fat refund. Enough money to fill her gas tank twice and enjoy one nice meal at Macs. My guess is that the IRS would have preferred she didn't file, a few more bucks in her pocket.

Heard briefly on the news yesterday, congress wants to do the same thing with SS, going all paperless. So I am wondering if they are also going to close down our nearest SS office that is 40 miles away that serves six very large counties. Just a small office, part of a Officemax building. Was a bit shocked last time I was in there, has an armed guard, guess they are concerned someone may go in there and try to steal an SS-5 form.

[Love's JAA 100]

OK - so get the 1040EZ forms on the years , each year, that you did not file.

Then file each one in one packet, altogether.

You SHOULD FILE, you know - as you'll probably get some refund on the taxes withheld by your employers.

Your wife might be able to help you - filing taxes is dead easy, if you have all of the instructions in front of you.

Since this is your first year, expect to file the paper returns, not anything electronic - but you should be able to get the refunds back via ACH bank deposit (usually... and if not - you get a nice paper check) .

I suggest you include a cover letter stating that for those filing years, you were unmarried.... Just in case, aye?

Go Get Em !

Shouldn't she be filing a 1040NR or 1040NR EZ for those periods? Nonresidents aren't allowed a standard deduction, but get the exemption of around $3,800. They can take itemized deductions, most likely any state income tax that you paid would be the main one.

[Nich-Nick 3,354]

Yes, I was issued a SS and I did receive a W2 from my employee!

I'll check it when I get home, but I'm pretty sure my earnings were less than $9,500!

Your return is a NR version because you were a non-resident. You are not required to file if your wages were less than $3,500 in 2008 and less than $3650 in 2009.

2008 Form 1040NR-EZ

2008 form 1040NR-EZ instructions

2009 Form 1040NR-EZ

2009 Form 1040NR-EZ Instructions

[dstrausser83 14]

Realistically, you might not even be required to file. It depends on how much you made and more than likely you are owed a refund.

[Darnell 8,478]

Shouldn't she be filing a 1040NR or 1040NR EZ for those periods? Nonresidents aren't allowed a standard deduction, but get the exemption of around $3,800. They can take itemized deductions, most likely any state income tax that you paid would be the main one.

yup! Yer Right !