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N400 Denied Application of Military Spouse due to Residency

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Please advise if you have faced similar situation. I am a US Navy Active Duty Orders to a Air Station in a different State. We have a house in our home state Ohio and we file all our taxes in our home state even though we have lived in Florida because of my orders for almost 3 years. We applied for her N400 Citizenship in Florida and gave our tax returns, etc and also lease of our apartment here in Florida. USCIS denied her application saying that her tax shows she is a resident of Ohio then why she is filing in Florida. We have been in Florida now almost three years and we have Lease/Utility bills everything to prove that we are staying in Florida but our home of record is Ohio hence the filing of Taxes in Ohio. So now that is denied we can request a hearing in front of an USCIS officer but that cost $700 and now I am to PCS to another state  in a month.

[1] So do we just forget this application and reapply when we are back in Ohio paying the fees again?

[2] Can we attend the hearing and successfully prove that as a MIlitary we don't file taxes in every State we are stationed in?

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I believe that the military spouse is supposed to file in the state they are residing in.  The military member can maintain the residence in their home of record state (or any state they move to or any state they previously have been stationed in).  I'm not a tax expert, but I think she should've filed state taxes in FL even if you file as an OH resident.  When I was active duty that's what I did, because OH doesn't tax military pay.

 

That said, I don't have an answer for your question.  If I were in this situation I would talk to an immigration lawyer.  A Congressman staff member may be able to get an answer too as they have access to higher level USCIS employees instead of talking to a phone employee that will only quote basic vague rules that you can find on their website.  

 

At what point in the process was she denied (initial filing of the N-400, interview)? 

 

 

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Military spouses can claim their sponsors State for tax purposes. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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@Kevo she was told to submit additional documents after Interview so we gave them all the lease documents, utilities even her medical documents showing appointments at the Naval Hospital Jacksonville and I even gave them my orders, copy of my CAC but then they said since you file taxes in Ohio you are resident of Ohio so your N400 application is denied you can request a hearing but that cost $700 dollars and then you can chose to go in front of a District Court Judge. 

I will be talking to an RLSO and I plan to go to Office Of Senator Rubio but I feel so terrible that they flat out denied the application as opposed to asking for more documentation. Man I tell you Civilians treat us Military folks and our family like dirt. This was not how it used to be.

Anyway, I file taxes in Ohio as I have a tax preparer there and my wife is a dependant (joined tax) so how will she file Florida tax if I am filing in Ohio. So she will file a separate tax in Florida?

I guess my mistake was on our Tax documents we should have used Florida address instead of our house address in Ohio. The USCIS personnel was very rude with my wife.

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On 3/17/2019 at 3:08 PM, NavyReserveUSA said:

@Kevo she was told to submit additional documents after Interview so we gave them all the lease documents, utilities even her medical documents showing appointments at the Naval Hospital Jacksonville and I even gave them my orders, copy of my CAC but then they said since you file taxes in Ohio you are resident of Ohio so your N400 application is denied you can request a hearing but that cost $700 dollars and then you can chose to go in front of a District Court Judge. 

I will be talking to an RLSO and I plan to go to Office Of Senator Rubio but I feel so terrible that they flat out denied the application as opposed to asking for more documentation. Man I tell you Civilians treat us Military folks and our family like dirt. This was not how it used to be.

Anyway, I file taxes in Ohio as I have a tax preparer there and my wife is a dependant (joined tax) so how will she file Florida tax if I am filing in Ohio. So she will file a separate tax in Florida?

I guess my mistake was on our Tax documents we should have used Florida address instead of our house address in Ohio. The USCIS personnel was very rude with my wife.

$700 for a hearing, it's not much different than just re-applying.   Your MPF or whatever Navy calls their personnel office may have a person that deals with immigration issues for active duty.  Maybe they'll help with spouses, worth a try there too.   

 

If I remember right federal taxes were filed joint and we filed separate for state taxes.  

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2 hours ago, Kevo said:

Unless things changed in the 2 years since I retired this isn't correct - possibly some states allow it, but not the ones I was stationed in.   

That's just something I was told when I was filling taxes  😛


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Military hotline is a joke. They can only give you case status update and they can update your address on your behalf. That is all they do according to them. So unless you are computer illiterate you don't need to call the hotline you can simply log on to USCIS portal and get updates and change address yourself.  

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I have called an Immigration Lawyer and I will be seeing him tomorrow. I will also be seeing a DOD Representative who gives immigration advice today. Lets see what they suggest. I feel like I should have used an immigration Lawyer to file this. I screwed up trying to file this for her online through USCIS.  

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On ‎3‎/‎20‎/‎2019 at 8:29 AM, Roel said:

That's just something I was told when I was filling taxes  😛

 

On ‎3‎/‎20‎/‎2019 at 6:04 AM, Kevo said:

Unless things changed in the 2 years since I retired this isn't correct - possibly some states allow it, but not the ones I was stationed in.   

I have never heard of that either. I have always heard that the spouse has to file using the state they live/work in. 

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Posted (edited)
14 hours ago, Cyberfx1024 said:

 

I have never heard of that either. I have always heard that the spouse has to file using the state they live/work in. 

https://www.google.com/amp/s/www.army.mil/article-amp/32879/new_law_means_spouse_can_claim_same_home_state_as_servicemember

 

I have been claiming my husbands State for taxes without any issues so far. Hopefully wont have issues when doing n400 either lol. 

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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