RFE after N400 citizenship interview - answered wrong on tax question

[sp927 0]

 

My husband had his citizenship interview under 3 year rule and  he passed civics test but he got rfe

The officer said he was missing past 3 years worth tax returns. We filed jointly the last 2 years but didn't file in 2019 because we did not meet minimum threshold to file a tax return.
When the RFE notice becomes available to us ( the officer verbally explained to him why he is getting rfe but we didnt receive any official mail yet) we were going to send our most recent 2 years tax return and explain why we didn't file in 2019. But I just checked our documents and we answered NO to a question that asked Have you ever NOT filed a tax return.............. And now I'm scared that his case will be denied for not answering truthfully.....although it was a honest mistake. We are planning on sending our tax documents for 2019 that shows that we were not required to file a tax return and we are also planning on filing late tax return for 2019 anyway  and send that as well... 
Is filing a late tax return anyway a bad idea? If we attach a letter explaining that we realized we answered a question wrong hurt our case?  Any answer would really help... 

 

[Mike E 11,739]

The reasons USCIS IOs sometimes want N-400 applicants to show evidence of filing tax returns is two fold:

 

1. failure to pay the IRS taxes owed is counter to good moral character.  Tax returns are evidence taxes owed were paid.  
 

2. Tax returns are evidence of continuous residency 

 

For marriage based cases, tax returns with a status of MFS / MFJ are evidence of bonafide marriage.  
 

Focus on filing your 2019 tax return.  It isn’t a bad idea to do so.  

[TBoneTX 45,001]

Thread is moved from the AOS forum to the US Citizenship main forum.