Do I need to send the amended return 1040x before filing the n400 ?

[clamardo 8]

I am about the file my n400 in about two weeks. The problem is that I just recieved a tax form 1090C from American express( I was forgiven less than $3000). The form 1090C came late because I relocated and Amex didn't not have my new address. Now I wonder if I need to file the 1040x and wait 6 to 8 weeks till the IRS get back to me with a payment plan or just file the n400 and sent a copy of the 1040x along with. Do I need to check "yes i owe IRS money" in that case?

[NancyNguyen 1,657]

Sort out tax first and send n400 later when you finish tax.

[clamardo 8]

That's I have to wait 6 to 8 more months. What is I just make a copy the amended return and send it along with the n400? I think the amount owed will just around 300 to 400 not a big deal, I guess.

[JimmyHou 611]

That's I have to wait 6 to 8 more months. What is I just make a copy the amended return and send it along with the n400? I think the amount owed will just around 300 to 400 not a big deal, I guess.

Your previous post said 6 to 8 weeks. This one says 6 to 8 months.

If it's weeks, then there's no question, wait until you know exactly how much you owe and pay it.

If it's months, then you'll have to decide whether or not you want to risk this becoming an issue. It may be settled by the time you do your interview anyway.

[clamardo 8]

My bad. I mean 6 to 8 weeks. Ok, I will send the amended return and wait. Just worrying about the processing time. IRS website says, "A Form 1040X - Amended Tax Return can take up to 16 weeks to process once the IRS receives it. It can take up to three (3) weeks from the date you mailed it to show up in our system. Unfortunately, calling us will not help us process your return more quickly." My question is just to know if you are automatically denied the citizenship by the USCIS when you check "Yes I owe money" and don't send any proof of payment or, if the decision is made at the interview with the officer.I think by the time of the interview I will probably already get a response from the IRS and will be able to pay the IRS in one time the amount I owe.

[JimmyHou 611]

My bad. I mean 6 to 8 weeks. Ok, I will send the amended return and wait. Just worrying about the processing time. IRS website says, "A Form 1040X - Amended Tax Return can take up to 16 weeks to process once the IRS receives it. It can take up to three (3) weeks from the date you mailed it to show up in our system. Unfortunately, calling us will not help us process your return more quickly." My question is just to know if you are automatically denied the citizenship by the USCIS when you check "Yes I owe money" and don't send any proof of payment or, if the decision is made at the interview with the officer.I think by the time of the interview I will probably already get a response from the IRS and will be able to pay the IRS in one time the amount I owe.

You will definitely not be automatically denied. Your application will be accepted even if you say that you owe money. At the time of the interview your interviewer will ask for an explanation. He may be satisfied with your explanation even if you don't have proof of final payment or he may insist on seeing proof that you have paid all taxes that you owe. If the latter is the case, then you'll be given 30 days to provide that proof and your application will be placed on hold until that time. If you cannot reply within 30 days, then your application will be denied. So you definitely have at least until the day of your interview, and then you may have an extra month to on that, or you may not need to provide anything. My guess is that you will probably have to show some proof at your interview that you have paid your taxes.

It's really simply a matter of urgency versus simplicity You need to decide if you are in a hurry to become a citizen or if you can wait a couple of months and not have to worry about this issue. If you have urgent travel needs coming up, or if you need to sponsor a relative urgently, or if you need to apply for a job that requires citizenship, these are all factors that will affect your decision.

[DC85 113]

I think you should consult with your accountant. I never amended my taxes so I am not an expert, but when I do my taxes I was owning taxes for the last 2 years, the accountant gave me a payment voucher which has the amount that I owe, so I paid it online right away, I got my return processed in a week. it might be similar for amending the taxes, the accountant may know the amount that you owe with the penalty, after doing the calculation , then you can pay that amount and keep the proof with you.

As long as you can proof that you don't owe taxes at the interview you should be fine. As Jimmy said, you might get an officer who will insist on seeing a proof from the IRS since tax topic is very important for USCIS.

[clamardo 8]

Hi Jimmyhou.You just guess rigth. I work in a security field, cyber stuff... Lol. There is a position at my job that require to be a us citizen and the opportunity expires by the end of the Year. I really don't want to miss it. I will definitely send the amended return and hope IRS will process that by time I take the interview. The funny part of that I called IRS last week and they told me I am clear, their system shows no money owed. I guess their are just slow in updating everyone profile. DC85 I definitely don't know about the voucher but as for me I have enough to pay cash whatever they charge me, my only concern is the time-frame between the submission of the amended return and the release of the amount to pay by the IRS. I will check will my accountant nevertheless. Thanks for all your input I really appreciate it.

[JimmyHou 611]

Hi Jimmyhou.You just guess rigth. I work in a security field, cyber stuff... Lol. There is a position at my job that require to be a us citizen and the opportunity expires by the end of the Year. I really don't want to miss it. I will definitely send the amended return and hope IRS will process that by time I take the interview. The funny part of that I called IRS last week and they told me I am clear, their system shows no money owed. I guess their are just slow in updating everyone profile. DC85 I definitely don't know about the voucher but as for me I have enough to pay cash whatever they charge me, my only concern is the time-frame between the submission of the amended return and the release of the amount to pay by the IRS. I will check will my accountant nevertheless. Thanks for all your input I really appreciate it.

If your accountant can figure out what you owe, you can attach the payment to the amended return. You don't have to wait until they accept the return. In that case you can say you owe nothing.

[clamardo 8]

Ok. Thanks for the input. I just left a message to the CPA who usually help us to file. I think she will be able to tell me the amount owed so I will just attach the money order to the amended return. I will keep you in touch.

[clamardo 8]

Ok, some feedback bout my case.

I sent the N400 on june 19th and the file was received on june 23rd. On my application I checked that I didn't owe any money, as the CPA help me to file the form 982 showing my insolvency at the time the debt was forgiven, therefore no need to pay back anything to the IRS. Therefore I sent the amended tax return and the 982 form to IRS. But one mistake, my CPA didn't tell me to send the same file the my local tax commission.

So, two week before my biometrics, I got a letter from state tax commission about a $200 I owed back. I called them and found out that tax debt was about the same forgiven debt. A representative told me that I should send the amended to both IRS and state Tax office.

Well, I just decided to pay the $200 to be safe. I have not received my interview letter yet. I just have one last payment to make in one week and I will be done with the $200. I just wanted to know if this will affect my application or whether the officer will think that I tried to hide that I owe back taxes by checking No.

Thanks for your input.

Edited July 26, 2015 by clamardo