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Filed: Timeline
Posted (edited)

Could someone help me interpret question #7 that has two parts A and B.

My parents are applying for their naturalization and since they don't meet IRS requirement for minimum income to file for taxes they never filed however, I did claim them as dependents on my taxes.

How should they answer Q7a and Q7b?

Q7a: Have you EVER not filed a Federal, State, or local tax return since you became a Permanent Resident ?

Q7b: If "Yes", did you consider yourself to be a non-US resident.

Answer to 7b is obviously NO

However, for 7a - should we say YES and then add a written statement that they did not file as they don't meet the IRS criteria to file taxes or since I filed and claimed them as dependents should we answer NO?

Your thoughts?

Edited by second stage

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Posted

Could someone help me interpret question #7 that has two parts A and B.

My parents are applying for their naturalization and since they don't meet IRS requirement for minimum income to file for taxes they never filed however, I did claim them as dependents on my taxes.

How should they answer Q7a and Q7b?

Q7a: Have you EVER not filed a Federal, State, or local tax return since you became a Permanent Resident ?

Q7b: If "Yes", did you consider yourself to be a non-US resident.

Answer to 7b is obviously NO

However, for 7a - should we say YES and then add a written statement that they did not file as they don't meet the IRS criteria to file taxes or since I filed and claimed them as dependents should we answer NO?

Your thoughts?

I think you should write NO, and add a written statement stating that they are dependents and Send them a copy of your most recent taxes as well, so they can look at it in case they want to. I filed my N-400 when I was a dependent and I answered "NO" to that question and wrote a statement stating that I depended on my parents and they signed it and I also sent a copy of their most recent taxes. At the interview the officer asked my if I am a dependent and I said Yes. I passed the interview!

Filed: Timeline
Posted

I think you should write NO, and add a written statement stating that they are dependents and Send them a copy of your most recent taxes as well, so they can look at it in case they want to. I filed my N-400 when I was a dependent and I answered "NO" to that question and wrote a statement stating that I depended on my parents and they signed it and I also sent a copy of their most recent taxes. At the interview the officer asked my if I am a dependent and I said Yes. I passed the interview!

Thanks for the quick response.

Initially,we did have the same thought. We answered NO and have the package ready to file on Monday(06/09) but last minute jitters and you sometimes read too much into the questions. :D

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

Filed: Timeline
Posted

I think you should write NO, and add a written statement stating that they are dependents and Send them a copy of your most recent taxes as well, so they can look at it in case they want to. I filed my N-400 when I was a dependent and I answered "NO" to that question and wrote a statement stating that I depended on my parents and they signed it and I also sent a copy of their most recent taxes. At the interview the officer asked my if I am a dependent and I said Yes. I passed the interview!

Sorry, am reviewing the instructions again and I think it says to answer "Yes" so you may have gotten a lenient officer!

We will revise the application, answer "Yes" and submit on Monday.

Link: http://www.uscis.gov/forms/tips-filing-form-n-400-application-naturalization-rev-91313

Part 11. Additional Information

  • You must answer all questions on this form honestly and completely. If you answer “Yes” to any of the questions in this section, you must include a written explanation on a separate sheet of paper and provide any evidence to support your answer. Answering “Yes” does not automatically affect your eligibility for naturalization.
  • Item 7: If you did not file a tax return since you became a lawful permanent resident, even if you were not required to file based on your income, check “Yes” and provide a written explanation

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

  • 3 weeks later...
Filed: Timeline
Posted

hi i am also confused on this question my mom is not currently working so i know they answer is yes but she has filled taxes in the past so will i need to have a copys of her tax returns for the years she did file

If she filed taxes in the last 5 years then she needs to have only those copies.

Mom sponsoring for her son(my brother)

06/15/2010 : I-130 for son
06/23/2010 : Check Cashed
06/26/2010 : Received NOA
03/20/2012 : Received RFE(I-797E)
05/23/2012: Application approved after RFE response
06/29/2012: Received letter from NVC

06/03/2015: Change petition from F1 to F3 category


Checklist :
1. I-751(ROC)
2. Parents AOS
3. I-130(Son)
4. N-400(Spouse)

5. N-400(Parents)

6. K-1 & AOS & ROC TimeLine

 
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