N-400 and filing past tax returns

[Rebuilt 9]

Hello everybody, it's me again. For background on my case, it is explained here Should I apply for citizenship? - US Citizenship General Discussion - VisaJourney

 

Once again, I need your most kind advice and wisdom. I am seriously thinking of applying for citizenship, but for obvious reasons I am terrified of it. Maybe I am becoming a bit paranoid about the process and it's much simpler than I think it will be, but nevertheless I need to err with extreme caution.

 

Previous to the statutory period (5 years) I have some unfiled returns. During those years, me and my ex-husband had no income to report, and I don't owe the IRS a penny. Nevertheless, in order to be 100% truthful to the question "have you ever not file a tax return since you became a PR?" I want to be able to say "NO", so I want to go ahead and file them anyway. It was my duty to do so anyway, even if I didn't know it at the time.

 

I also want to avoid any uncomfortable questions that may arise during the naturalization interview due to not having filed said returns, such as how did I supported myself, or what was my livelihood during all those years. Plus, should a possible finding of abandonment arise, I can also have some leverage to counter such claim.

 

I know there are forms available at the IRS website for each of those years, but the information I need is different, and I can't find the answer anywhere. At the time I was married to my husband, and I am currently divorced. 

 

So my question is: what should be my tax status???

 

I know at the present time is Single, but, what status should I put on a past tax return? Say, for example, 2012, when I was married to my husband and we were living together?

 

Thanks in advance for your kindness and patience, I am really anxious over all of this.

 

 

 

 

 

 

[Mike E 11,723]

Married filing separately 

[Rebuilt 9]

6 minutes ago, Mike E said:

Married filing separately 

Thank you Mike. Which leads me to another question.

 

I honestly have no idea what my ex-husband was doing about taxes while we were married,  since he was in charge of it the whole time. I want to think that he always filed for both of us, but at this point I cannot even assure that. So, I have decided to ask the IRS for all the information they have on me ever since I became a PR.

 

Assuming he filed jointly for both of us (except for the years when we didn't have income, which are the ones I know of), no problem. But what if he didn't? Would a status of MFS raise any suspicions of not having been in a good faith marriage? Which of course isn't true, otherwise I wouldn't be in this predicament, but one think is reality, another thing is what I can prove, and another what USCIS might think.

 

This is seriously the worst ordeal of my life.

 

On the other hand, how much trouble (USCIS wise) would be to simply list the years in which I didn't file (since I wasn't required to, anyway, so no harm done IRS wise) and explain why?

 

 

 

[iwannaplay54 985]

11 minutes ago, Rebuilt said:

Thank you Mike. Which leads me to another question.

 

I honestly have no idea what my ex-husband was doing about taxes while we were married,  since he was in charge of it the whole time. I want to think that he always filed for both of us, but at this point I cannot even assure that. So, I have decided to ask the IRS for all the information they have on me ever since I became a PR.

 

Assuming he filed jointly for both of us (except for the years when we didn't have income, which are the ones I know of), no problem. But what if he didn't? Would a status of MFS raise any suspicions of not having been in a good faith marriage? Which of course isn't true, otherwise I wouldn't be in this predicament, but one think is reality, another thing is what I can prove, and another what USCIS might think.

 

This is seriously the worst ordeal of my life.

 

On the other hand, how much trouble (USCIS wise) would be to simply list the years in which I didn't file (since I wasn't required to, anyway, so no harm done IRS wise) and explain why?

 

 

 

If you had no income you were not required to file.  If you did not file because you were not required to file then you don’t have to file.

[Mike E 11,723]

11 minutes ago, Rebuilt said:

Would a status of MFS raise any suspicions of not having been in a good faith marriage?

This is a logic problem.  Paying your taxes is required to show good moral character. Lack of good moral character is a barrier to naturalization. 

[Rebuilt 9]

1 minute ago, iwannaplay54 said:

If you had no income you were not required to file.  If you did not file because you were not required to file then you don’t have to file.

That's exactly what every tax preparer I have consulted have said. And exactly what the IRS have said. 

 

But again, having the issue I have (having been out of the country for so long, and having been readmitted without any hassle whatsoever, I don't want to tempt my luck, you know?

 

Meaning, as I mentioned above, uncomfortable questions at the time of the interview.

 

"Oh, so how did you lived without income?" 

 

[Rebuilt 9]

5 minutes ago, Mike E said:

This is a logic problem.  Paying your taxes is required to show good moral character. Lack of good moral character is a barrier to naturalization. 

Like I said, I don't owe anything to the IRS, and I have been religiously filing ever since I got back. Every single year since 2016, when I had actually earned income

[Mike E 11,723]

4 minutes ago, Rebuilt said:

Like I said, I don't owe anything to the IRS, and I have been religiously filing ever since I got back. Every single year since 2016, when I had actually earned income

 

1 hour ago, Rebuilt said:

Nevertheless, in order to be 100% truthful to the question "have you ever not file a tax return since you became a PR?" I want to be able to say "NO", so I want to go ahead and file them anyway

You are arguing with yourself.  
 

I know of N-400 cases that got derailed because the applicants said they failed to file tax returns. 

[Rebuilt 9]

Just now, Mike E said:

 

You are arguing with yourself.  
 

I know of N-400 cases that got derailed because the applicants said they failed to file tax returns. 

I totally want to file Mike, of course I do. I'm just looking for the best avenue to do so, and all the pros and cons. There are conflicting opinions, and it's very confusing. And like I said, I am probably also making a bigger issue than it actually is.

 

 

 

 

 

[beloved_dingo 1,932]

You mentioned that you are afraid of being asked "how did you support yourself" for those years you had no income. Why are you afraid of USCIS asking this question? And how were you and your husband supporting yourselves during that time? Did you both actually not earn a single dollar for the years you are referring to?

 

The reason I ask is because it seems silly to me to go back and file old tax returns for years that your and your ex-husband's income was literally zero, because you are not required to file in that circumstance. But it is very unusual for a married couple to make absolutely no money for several years. If there is some kind of easy explanation, then you shouldn't be concerned about this issue. 

[iwannaplay54 985]

Step 1 sign up on IRS.gov and pull all the transcripts you can get.  Start there.  Same way we usually pull our tax history.

 

https://www.irs.gov/individuals/get-transcript

Edited February 2, 2023 by iwannaplay54

[Rebuilt 9]

13 minutes ago, beloved_dingo said:

You mentioned that you are afraid of being asked "how did you support yourself" for those years you had no income. Why are you afraid of USCIS asking this question? And how were you and your husband supporting yourselves during that time? Did you both actually not earn a single dollar for the years you are referring to?

 

The reason I ask is because it seems silly to me to go back and file old tax returns for years that your and your ex-husband's income was literally zero, because you are not required to file in that circumstance. But it is very unusual for a married couple to make absolutely no money for several years. If there is some kind of easy explanation, then you shouldn't be concerned about this issue. 

He is a disabled veteran; he came back from Iraq completely broken, and it broke me in the process; always led me to believe that my GC was some sort of "passport" for foreigners; abused me in ways not suitable to discuss in a public forum, though he never laid a hand on me. He worked for a grand total of maybe 7-8 months through the entire duration of our almost 12 years marriage. Lied to me about his post-discharge situation the entire time. We went to my country in order to get some medical help for him. Once there, all hell broke loose; death of my father, illness of my mother, death of our puppy (his service animal), and many more horrible things. My parents, the two most amazing people I've ever known, supported us at all times. At some point he gets in touch with one of his military buddies, who works for the VA, and sets him up with disability compensation. I was in my country waiting for him to settle, then I was supposed to join him and continue our live together. He led me on the entire time, all the while making me believe that everything was ok with my GC. Next thing I know, he stops all contact and move to his paramour's house. Basically the moment he got his compensation, he threw me out like yesterday's newspaper.

 

I managed to come back to America, and got admitted without question. But by the rule of law, I had abandoned my residency, without even knowing it. 

 

That's the gist of it. Like I said, there are many more details, but I cannot discuss them in a public forum. Suffice to say, while he was my entire life, I was merely a living sex toy. And a crutch to lay on while he found something better. Traumatizing, and demeaning is the least I can say of it.

[Rebuilt 9]

13 minutes ago, iwannaplay54 said:

Step 1 sign up on IRS.gov and pull all the transcripts you can get.  Start there.  Same way we usually pull our tax history.

 

https://www.irs.gov/individuals/get-transcript

Thank you very much. I can pull records only up to a certain time. The rest of them I will have to file the pertinent form.

 

Like I said, I don't even know anymore which years were filed by him.

 

This is truly a catch 22 situation. If I file as MFS, that can led to believe that my marriage wasn't in good faith, when in fact it's completely opposite. Had my marriage not been in good faith, I would have been aware of the situation, applied for citizenship after three years, and kick his ### to the curb. Alas I had bigger fish to fry, like figuring out how could we live, and support him at all times at the cost of humilliation and my very own sanity.

 

This is one of those cases when the actual truth sounds more like a movie. Nobody would believe it :(

[Rebuilt 9]

All I am asking is for some empathy, compassion, and understanding. Was I naive, and stupid? You take it to the bank I was. But in no moment did I have any ill intentions, in no moment had I stopped doing what I believed it was right, i.e: trusting and loving the man I married with all I had. Not even now, after years of the ordeal and betrayal. Nor will I ever, probably.

 

The abandonment of residency issue has never come out, for whatever reason, which I can only attribute to divine intervention at this point.

 

I have never lied, or otherwise misrepresented myself. I want to do things according to the law. But it is also fair to try to avoid uncomfortable questions, and should the issue come back during my interview, I want to be able to prove that it was never my intention to be in this situation, and that this country is home to me, as it has always been.

 

Unfortunately the law doesn't care about situation and intent, only about bureaucracy. I want thus all that bureaucracy to be resolved.

[iwannaplay54 985]

50 minutes ago, Rebuilt said:

Thank you very much. I can pull records only up to a certain time. The rest of them I will have to file the pertinent form.

 

Like I said, I don't even know anymore which years were filed by him.

 

This is truly a catch 22 situation. If I file as MFS, that can led to believe that my marriage wasn't in good faith, when in fact it's completely opposite. Had my marriage not been in good faith, I would have been aware of the situation, applied for citizenship after three years, and kick his ### to the curb. Alas I had bigger fish to fry, like figuring out how could we live, and support him at all times at the cost of humilliation and my very own sanity.

 

This is one of those cases when the actual truth sounds more like a movie. Nobody would believe it

<grin> we were out 4 years and three years after returning they didnt mention abandoned residency.  “Rule of law” is fluid and after 15 years of marriage and 8 of those outside the country our citizenship app went through without a hitch.  

 

You have another document to cross-reference with your taxes and that is your personal social security earnings.  These are yours not his and the statement covers your entire lifetime, year by year.

 

https://www.ssa.gov/myaccount/?gclid=EAIaIQobChMImOb90rf3_AIVFhXUAR0cLQ2CEAAYASAAEgL16PD_BwE

 

Create an account.  You can access your lifetime SS earnings and demonstrate that you were or were not required to file taxes.  All earnings reported by all employers are added on that statement.

 

Example:  From my statement back in 1984 my taxed social security wages were a whopping $118 (LOL I was a kid).  I assure you I did not file taxes in 1984 for that reason and I assure you I have no idea what that money was for, but I can go back 39 years and show I was not required to file taxes that year because I didnt earn enough to meet the requirement.  Burden of proof on that isn’t my problem it’s theirs. 

 

You can’t back-file MFS without your personal W2’s and 1099’s and earnings records (and) validity of your marriage or anything about your marriage under the 5-yr rule is irrelevant.  You need to demonstrate you filed the last 5 years of taxes IF REQUIRED and that’s all you need to worry about.  

 

Edited February 2, 2023 by iwannaplay54