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Posted

I got my green card via marriage , later was divorced and filed I-751 (To remove conditions on my greencard that was placed due to marriage). As I had completed 5 years, I also applied for my citizenship. Both interviews are coming up on same day (they will first adjudicate and decide on I-751 and then go to N-400 interview).

I have these two queries:

1) I had a struggling phase during and after divorce as I was dependent on my spouse. After divorce I had no job for few years and had to depend on food stamps and Medicaid (government medical insurance). Two years back I started working and I discontinued the food stamp the next month. Since I didnt have an employer based health insurance I continued on Medicaid. I discontinued that after 6 months when the employer included me in their insurance plan. But I hear that once I started workign and earning, I should have discontinued the Medicaid insurance immediately. Would this hurt me in Citizenship interview ? If so what is a way to resolve this, can I pay back the 6 months that  I was using the Medicaid back to county ?

Or will my citizenship be denied ? 
Will this affect my green card (that will be decided based on I-751).

 

2) During the divorce proceeding I had received alimony and had to pay taxes but I was barely making ends meet so I couldnt pay the tax. I mentioned on my N-400 application (US Citizenship) that I havent filed tax for one year in the past and owes taxes. I have filed that tax last year but IRS is slow in processing (as it was late filing I had to do paper filing and it takes time to reflect in their system) so they have no proof to say they received my filing. Thus when I go to interview, I have nothing to show (except for a copy of the return I filed) USCIS that IRS has confirmed the receipt of my tax filing. I have also paid taxes (adjusted it against previous years refund). Will this delay or deny my US citizenship or would I be given another opportunity to come with the tax proof from IRS (it takes several weeks or months for IRS to start processing).

 

Thanks

Filed: Other Timeline
Posted

I think in your case you best consult with an attorney before you go to the interview so he can advice best course of action. Good luck.

04/27/2016 sent AOS PACKAGE

05/02/2016 PRIORITY DATE (day 1)

05/17/2016 FIRST NOA'S RECEIVED. HARD COPIES.

05/20/2016 BIOMETRICS APPOINTMENT FOR 06/01/2016

06/01/2016 Biometrics taken.

08/02/2016 I-765 Work Permit approved. (day 90)

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

1) Medicaid is state based. They usually don't even have their system's info well crossed either way. Also the questions in N-400 asks "Have you ever made any misrepresentation to obtain any public benefit in the United States?" and what you did is NOT that. If you were employed and THEN asked for Medicaid and lying to get it, then you would incur in that. Also, Medicaid is not based on if you are employed or not. It depends on your specific state's requirements, but usually there's a threshold, kids involved and such.
Do not offer information, but if they ask (I doubt, as I said, they don't cross information with State's systems, two different entities), you just say that you discontinued after having employment and able to purchase health insurance through your employer. So don't say things like "
I should have discontinued the Medicaid insurance immediately" (even though that is not accurate either way, they work for the federal gov, not state, so they won't even know the details about that).

 

2) Try logging into IRS. Make an account if you don't have one. If you prove you filled your taxes, it's good enough. They just don't want people avoiding their tax duties, but they are not tax specialists.

 

 

Posted
15 hours ago, BioNat said:

1) Medicaid is state based. They usually don't even have their system's info well crossed either way. Also the questions in N-400 asks "Have you ever made any misrepresentation to obtain any public benefit in the United States?" and what you did is NOT that. If you were employed and THEN asked for Medicaid and lying to get it, then you would incur in that. Also, Medicaid is not based on if you are employed or not. It depends on your specific state's requirements, but usually there's a threshold, kids involved and such.
Do not offer information, but if they ask (I doubt, as I said, they don't cross information with State's systems, two different entities), you just say that you discontinued after having employment and able to purchase health insurance through your employer. So don't say things like "
I should have discontinued the Medicaid insurance immediately" (even though that is not accurate either way, they work for the federal gov, not state, so they won't even know the details about that).

 

2) Try logging into IRS. Make an account if you don't have one. If you prove you filled your taxes, it's good enough. They just don't want people avoiding their tax duties, but they are not tax specialists.

 

 

Thanks for the clarification

 
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