Out of the country for 11 months and 4 days

[Chris213 0]

Hello Autumnal sorry I didn't see your post before i ask how to file for 2010-2012..

ok I will try to do this.. also I saw a lawyer from new york saying this..

" If you did not work, you did not have to file tax returns. No income will not affect citizenship. I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. "

another lawyer from texas

"If you don't have tax debt, and you did not file because you did not have income, you should be ok. But be prepared to answer some questions and take the tax returns you do have to the citizenship interview."

If you had absolutely no income to report, then you still file taxes. Pop onto the H&R Block website, get a copy of StudioTax, get the forms for the missing years from the IRS website and prepare to put in a lot of 0s. I prefer software for stuff like this because all the calculations, deductions, and details will be properly summed up; I can go back and review. Before you even consider filing for citizenship, get your taxes submitted.

[Dave&Roza 748]

Hello Autumnal sorry I didn't see your post before i ask how to file for 2010-2012..

ok I will try to do this.. also I saw a lawyer from new york saying this..

" If you did not work, you did not have to file tax returns. No income will not affect citizenship. I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. "

another lawyer from texas

"If you don't have tax debt, and you did not file because you did not have income, you should be ok. But be prepared to answer some questions and take the tax returns you do have to the citizenship interview."

While this is technically true, the USCIS person adjudicating your case may be a stickler for you having the tax returns or a statement as to why you are not required to file a tax return. IMHO is is much easier and safer to just file the back tax returns with the IRS so you can show the USCIS that you did in fact file and your tax bill with the US is current. In the USCIS's eyes, every LPR and USC is required to file a tax return each and every year and they want to see that return. Of course there are situations where you are not required by the IRS to file a return, but you need to find those requirements that apply to you, quote them and submit that explaination with your application. Your choice.

One thing I would point out that is incorrect is that if you did not work then you do not have to file a tax return. That is total BS as my brother has not worked in several years, yet I file a tax return and pay his taxes every year. If I did not do this, he would be in deep do-do with the IRS. You must find the filing requirements and may certain that you do not fall into any of the categories that require the filing of an income tax. The second lawyer's answer is more correct IMHO.

Good luck,

Dave

[Chris213 0]

Hi Dave,

what do you mean you file your brother's tax return? does that mean you file him as dependent on you or his own tax return file with $0 income?

While this is technically true, the USCIS person adjudicating your case may be a stickler for you having the tax returns or a statement as to why you are not required to file a tax return. IMHO is is much easier and safer to just file the back tax returns with the IRS so you can show the USCIS that you did in fact file and your tax bill with the US is current. In the USCIS's eyes, every LPR and USC is required to file a tax return each and every year and they want to see that return. Of course there are situations where you are not required by the IRS to file a return, but you need to find those requirements that apply to you, quote them and submit that explaination with your application. Your choice.

One thing I would point out that is incorrect is that if you did not work then you do not have to file a tax return. That is total BS as my brother has not worked in several years, yet I file a tax return and pay his taxes every year. If I did not do this, he would be in deep do-do with the IRS. You must find the filing requirements and may certain that you do not fall into any of the categories that require the filing of an income tax. The second lawyer's answer is more correct IMHO.

Good luck,

Dave

[warlord 72]

You might have a much better response to tax related questions here...

http://forums.serbinski.com/index.php

[Dave&Roza 748]

Hi Dave,

what do you mean you file your brother's tax return? does that mean you file him as dependent on you or his own tax return file with $0 income?

I gather up all his information and complete the forms for him. I make certain that if he owes any taxes that they are paid. He has not had a job and thus zero earned income reported on a W-2 in several years. He does, however; have interest income, capital gains, and dividend income that goes over the threshold for being required to file a tax return. That is why just statng that you have zero income (earned from a job is what most people are thinking when they say this) may not be grounds for not being required to file an income tax return. You MUST look at the IRS requirements and quote them to the USCIS and make certain you show the USCIS that based on those IRS requirements you were not REQUIRED to file a tax return with the IRS. The IO will be the one to determine if your evidence is sufficient, OR you file the tax returns now so you have records of having filed and submit those to the USCIS. You are trying to satisfy two government agencies here. The IRS is satisfied that you do not need to file a tax return, but in order to get the immigration benefit from the USCIS you need to satisfy them or more importantly the perosn reviewing your case. As there is no time frame for USC, why rush to file when all your ducks may not be in a row.

Dave

[mandixon 9]

True! I personally didnt file taxes for 2010 and 2011 because my wife and I had low income. I quoted IRS website (minimum requirement to file jointly) and took with me to the interview sheets of paper with detailed income information for those two years (letters from former employers) as well as my email communication with IRS regarding my income. USCIS officer didnt bother to look at the sheets. USCIS officer asked me the standard question "have you ever failed to file a required income tax", I said "yes" and she asked me to explain and I explained my income situation during those two years. She didnt ask for any documentation though. She commented something like " I also think that you didnt file because you were outside of the country". I nodded my head "YES". Then she moved on...

Notice the question says "required income tax". I said "Yes" to the question even if I wasn't required to file based on IRS requirements because I wanted to be on the safe side and also because I had an explanation.

If you didnt file because of your low income, you are fine! As long as you have a valid explanation. You can't be denied US citizenship because you are broke! That's a form of discrimination against poor people.

My immigration status now is "in que to take the oath...". My N400 is marriage based.

Edited June 14, 2013 by mandixon