3 years Tax Transcripts needed?

[TOLOHIO 0]

Hi,

I am applying for citizenship this month under 3 year rule. 

I became a LPR on 12/21/19 - so I was an LPR for 10 days only in 2019. I did not work during those 10 days and did not file a tax return for that reason.

I have tax returns for 2020 and 2021.

 

My question is I will be submitting n400, and i have only 2 tax returns available to me. 

Is my reason for not having a 2019 return a valid one, and there will be no issues with with not filing? (I recall i did file a 'no need to file a tax return' with the IRS at the time).

Has anyone not submitted 3 years of tax returns because they simply did not have returns to begin with because they may not have worked/had the required income?

 

Thanks for any replies!

Edited September 17, 2022 by TOLOHIO

[powerpuff 6,054]

~~ Topic moved from General Immigration discussion to US Citizenship discussion ~~

[JeanneAdil 6,303]

Important question is how did your spouse file after you married

if she filed MFS or MfJ,  include her tax returns to show validity of the Marriage prior to your entry

[da95826 387]

1 hour ago, TOLOHIO said:

I became a LPR on 12/21/19 - so I was an LPR for 10 days only in 2019.

So your spouse should have filed 2019 taxes as a married person, hopefully a joint tax return but even married filed separately tax return would have been needed. Because you were in fact married in 2019.

You can file 1040x to amend your tax return if needed to make the 2019 tax return joint as a married couple.

[TOLOHIO 0]

24 minutes ago, JeanneAdil said:

Important question is how did your spouse file after you married

if she filed MFS or MfJ,  include her tax returns to show validity of the Marriage prior to your entry

for 2020 and 2021 we filed joint married filing.

for 2019 spouse filed separately (filed in early 2020, for the 2019 tax year). Me being a LPR for only 10 days of the 2019 calendar year - i guess we just didnt realise.

So you think spouses' 2019 tax return, filed separately will suffice?

[OldUser 5,199]

@TOLOHIO you need 3 years of tax returns. Your reason for not providing 2019 return is not going to cut it, if they ask for it.

[TOLOHIO 0]

8 minutes ago, da95826 said:

So your spouse should have filed 2019 taxes as a married person, hopefully a joint tax return but even married filed separately tax return would have been needed. Because you were in fact married in 2019.

You can file 1040x to amend your tax return if needed to make the 2019 tax return joint as a married couple.

Yes your correct - spouse filed separately but would have indicated we were married. Which would be noted on the return i believe 

[TOLOHIO 0]

2 minutes ago, OldUser said:

@TOLOHIO you need 3 years of tax returns. Your reason for not providing 2019 return is not going to cut it, if they ask for it.

Thanks for your reply. my point is for 2019 I did not work/had not income and i was not required to file a return. How would i have a tax return if determined i didn't need to file a return?

In that case then Im presuming it comes down to my spouse who would have had to include me in their return

[JeanneAdil 6,303]

if she correctly filed as married -some mistakely file as single and when married ,which is wrong,   u file as married

she should have filed as married for the year u married

and she has missed the double the deduction for not filing joint 

 

a timeline would help us know what year u married as fileing 1040x can help with a bigger tax return

[TOLOHIO 0]

4 minutes ago, JeanneAdil said:

if she correctly filed as married -some mistakely file as single and when married ,which is wrong,   u file as married

she should have filed as married for the year u married

and she has missed the double the deduction for not filing joint 

 

a timeline would help us know what year u married as fileing 1040x can help with a bigger tax return

Thanks jeanneAdil! She filed an individual tax return - as a married person.

[TOLOHIO 0]

7 minutes ago, JeanneAdil said:

if she correctly filed as married -some mistakely file as single and when married ,which is wrong,   u file as married

she should have filed as married for the year u married

and she has missed the double the deduction for not filing joint 

 

a timeline would help us know what year u married as fileing 1040x can help with a bigger tax return

we married in 2019 - we also have a pending I-751 due to conditional greencard.

[Mike E 11,730]

16 minutes ago, TOLOHIO said:

Thanks for your reply. my point is for 2019 I did not work/had not income and i was not required to file a return. How would i have a tax return if determined i didn't need to file a return?

In that case then Im presuming it comes down to my spouse who would have had to include me in their return

It is a de facto  requirement that LPRs file income taxes each year they are an LPR as this is evidence of:

 

* good moral character, as it shows all taxes owed were paid. If the LPR didn’t earn enough to file taxes that’s ok, but it can slow down the care. 

 

* no breaks in continuous residency. Sometimes failure to file tax returns is because the LPR broke continuous residency 

 

LPRs who lack the 3/5 years of tax returns / transcripts sometimes have their N-400 cases derailed. Some LPRs do not.

 

I recall  a couple pairs of 400 cases where the husband and wife had their N-400 interviews  less than 30 days apart. Neither had 5 years of tax transcripts. The wife,  SAHM gets approved and takes oath. The husband, who travels out of the country lots for business gets an RFE. The husbands complain about the unfairness of it all: after all she got her green card as a derivative of his enjoyment based green card. The husbands’ international travel plus a strict IO doomed them to an RFE.  

 

Your spouse should amend the  2019 tax return to be a joint filing with you. The side benefit will be a tax refund (deadline to amend 2019 taxes to file to get that refund  is April 15, 2023) because tax rates on joint filers are lower than married filing separately filers. 

Edited September 17, 2022 by Mike E

[JeanneAdil 6,303]

32 minutes ago, TOLOHIO said:

Thanks for your reply. my point is for 2019 I did not work/had not income and i was not required to file a return. How would i have a tax return if determined i didn't need to file a return?

In that case then Im presuming it comes down to my spouse who would have had to include me in their return

u don't but your spouse does as married

 

[TOLOHIO 0]

2 minutes ago, JeanneAdil said:

u don't but your spouse does as married

 

Yes ,spouse filed individually for 2019 but filed as married person.

Im guessing she either amends her return to file jointly or i do a 2019 return - with zero income.

[JeanneAdil 6,303]

5 minutes ago, TOLOHIO said:

Yes ,spouse filed individually for 2019 but filed as married person.

Im guessing she either amends her return to file jointly or i do a 2019 return - with zero income.

whatever she wants but this is the 2019 breakdown

 

The 2019 standard deduction is increased to $24,400 for married individuals filing a joint return; $18,350 for head-of-household filers; and $12,200 for all other taxpayers.