N-400 when not required to file taxes

[JD2 278]

Asking for an employee of mine.

 

She got her 10 year GC through an I-360 (long story).  She can apply for N-400 now.  But, in all but 2 of the years she was not required to file a tax return because she did not work at all.  She did file for 2025 and 2021 but none of the other years.  IRS has a letter of non-filing but that just says you did not file.  It is not proof that you were not required to file.

 

Would it be enough to get a letter from an accountant saying she was not required to file + the IRS non-filing letters + account transcripts showing $0 owed?

 

Or, does she just need to file for every year?

Edited 19 hours ago by JD2

[JeanneAdil 7,505]

OP     she may have been included as joint sponsor on spouse's taxes 

OR she got federal , state or county welfare which may hurt the N400

We have no idea of who supported her in  '22, '23 and '24 but we need income to live on

[JD2 278]

51 minutes ago, JeanneAdil said:

she may have been included as joint sponsor on spouse's taxes 

Spouse not involved.  I mentioned I-360.

 

51 minutes ago, JeanneAdil said:

she got federal , state or county welfare which may hurt the N400

She did not.

 

51 minutes ago, JeanneAdil said:

We have no idea of who supported her in  '22, '23 and '24 but we need income to live on

Is that relevant to her taxes?  Or are you just curious?

[JeanneAdil 7,505]

there are many reasons to file that visa 

 

and i did not ask a question about income

i mention it as interviewer will probably ask 

[JD2 278]

43 minutes ago, JeanneAdil said:

i mention it as interviewer will probably ask 

Well she'll tell the truth.  I asked a specific question.  Do you know the answer to that?  The instructions seem to imply you do not have to file every year but I'm wondering if in practice they do require it?

 

16 hours ago, JD2 said:

Would it be enough to get a letter from an accountant saying she was not required to file + the IRS non-filing letters + account transcripts showing $0 owed?

 

Or, does she just need to file for every year?

 

[Dashinka 26,642]

The “non-filing” letters from the IRS should be included, and she should provide whatever other evidence she has showing her income (1099-INT, etc.) as well as an explanation why she had no income for those years she was not required to file.  I agree, this may be probed by an IO, so she should make sure she has her documentation/explanation complete.

 

Good Luck!