Tax Transcript Question in N400 Interview

[immoo2001 4]

Dear All,

I have question regarding Tax Transcript for 5 Years,

first let me explain the situation.

We got Green Card in Jan 2016, but we start counting 5 years from Aug 2016.

We do not have filing threshold income in 2016 so we did not file Tax Return for 2016.

We filed 2017, 2018, 2019 and 2020.

We eligible for citizenship based on LPR for more than 5 years.

We file N400 on May 2021 (Aug 2016 to July 2021 = Five Year) and got interview call for Dec 2021.

Non-Filing of Tax Return 2016 make any difficulty in N400 interview?

Regards,,,

[Mike E 11,722]

Failure to file can make N-400 difficult to be approved.  It is a defacto requirement for adult LPRs to file even if they don’t have enough income.  
 

I believe the assumption is that the LPR broke continuous residency in a tax year when not filing. 

[immoo2001 4]

Thank you, so let me file Paper Tax Return 2016 with certified mail along with return acknowledgement receipt.

Is it works?

[Mike E 11,722]

1 minute ago, immoo2001 said:

Thank you, so let me file Paper Tax Return 2016 with certified mail along with return acknowledgement receipt.

Is it works?

If you are allowed to file this late you should.  
 

It is too late to get your tax refund from 2016 though.  
 

 

[immoo2001 4]

Yes, you can file Tax Return for 2016 but must be a paper file no Efile.

and as far as Tax Refund is concern, yes it is too late get but I do no mind.

But i need to comply with Law. Is it works ?

[Liam2021 551]

43 minutes ago, immoo2001 said:

We do not have filing threshold income in 2016 so we did not file Tax Return for 2016

If you income under threshold for tax filling, then simple explain it on the application. I still remember that when I applied for N400 5 year ago. As that time, I jest simple wrote a letter and explained that I'm full-time student.

[iwannaplay54 985]

They did not look at or check a single document in the citizenship interview

[Sebat4 77]

My wife was under the threshold for filing and she didnt file but still went to the interview, when asked about she told the IO that she didnt have enough income to file and she had a written statement/signed with her. He took it and that was it. There is no law requirement for LPR or Citizens to file taxes when under the threshold.

[Mike E 11,722]

9 hours ago, Sebat4 said:

My wife was under the threshold for filing and she didnt file but still went to the interview, when asked about she told the IO that she didnt have enough income to file and she had a written statement/signed with her. He took it and that was it. There is no law requirement for LPR or Citizens to file taxes when under the threshold.

I’ve seen cases where a decision is delayed due to lack of tax returns. Each case and IO is different.  I stand by my advice.  
 

over and out. 

[Sebat4 77]

24 minutes ago, Mike E said:

I’ve seen cases where a decision is delayed due to lack of tax returns. Each case and IO is different.  I stand by my advice.  
 

over and out. 

You can stand by your advice and I stand by my because both are right. It's under the discretion of the IO, but we were also adviced by the lawyer what to do in this case, and that's what we did.

[scotty2009 13]

On 12/7/2021 at 8:10 PM, Sebat4 said:

My wife was under the threshold for filing and she didnt file but still went to the interview, when asked about she told the IO that she didnt have enough income to file and she had a written statement/signed with her. He took it and that was it. There is no law requirement for LPR or Citizens to file taxes when under the threshold.

May I ask who wrote this statement? Is it your wife or is it from the IRS?

[scotty2009 13]

Hello! Just wanted to let anyone who might be on the same boat know that NONE was asked about my tax transcripts. I passed my citizenship an I am scheduled to do my oath taking this week!