Bforbarree

There are two different things in play here. One is the question on N-400 asking whether you ever failed to file a tax return since becoming a PR and the other is providing evidence of marriage through jointly filed tax returns for an N-400 applicant filing based on marriage to a US citizen.

Regarding the latter, you are not required to send 3 year tax returns as evidence when filing. If you look-up the n-400 document checklist, it is one of the options you can use to prove a valid and real marriage, not the only option. Hence, no need to delay filing your n-400 to wait for 2011 taxes. Having said that, they will almost always ask you to bring your returns for the last three years to your interview through a yellow letter or your interview letter and by the time you get your interview appointment it would most likely be 2012 and you can take your 2011 taxes with you if you file immediately in Jan 2012. I filed my n-400 recently based on marriage to a USC and I did not submit my tax returns or transcripts with the application since my tax transcripts had not arrived at the time of filing. I submitted other evidence such as children's birth certificates, joint bank accounts, etc. I just followed the document checklist exactly. Now I got an interview notice and they have asked me to bring the tax trancripts with me to the interview, which I have now received.

Regarding the former, you can check yes and then provide an explanation at the time of interview or simply file a 2008 return, which is the easiest and ideal thing to do. There are no penalties for late filing in your case if you had no income and owe no taxes. IRS will hold nothing against you. I am a CPA and I know what I'm talking about - just fill out 1040EZ and mail it in - it'll take 5 minutes. You do not want to give the ever so courteous USCIS an opportunity to give trouble to you. One of my friends was sent back from his interview with a request to furnish more evidence since he did not have a joint credit card statement to show when asked for at the interview. Keep in mind that he was never asked to bring it in the first place infact there was not mention of it througout the application process. This guy had provided joint tax returns, insurance plans, birth certificates of children and everything else you could imagine. So it is only prudent that you do not rely on USCIS to be reasonable and understanding. Especially in your case, when there are no complications with your 2008 taxes, not filing the return, even if you weren't required to, does not make any sense.

Hope this helps!

Hang on a minute...I would not suggest that someone answer yes to that question because that is not the correct wording of the the question on the N400!

The question is:

"Since becoming a lawful Permanent Resident have you ever failed to file a required Federal, State or Local tax return?"

The keyword is REQUIRED, the question is not simply "have you ever failed to file a tax return"

If you are not required to file, and you don't file, then the answer is NO.

If you are required to file and you fail to file then the answer is Yes.

Actually, the above isn't quite accurate. You need to have been married for 3 years when you apply, but you are allowed to apply 90 days prior to your green card third anniversary as long as you have been married 3 years at the time. If you have your interview prior to the third anniversary of the green card, then they will just hold off on making a decision until you pass the 3rd year green card anniversary as well. So, if you meet the 3 year marriage requirement and all other conditions, you are allowed to apply up to 90 days prior to meeting the 3rd anniversary of the green card requirement.

http://www.uscis.gov/files/article/M-476.pdf see the note in the box at the bottom of page 22.

I am sorry, I was wrong. We have been checking this out and I was going by I read in the guides (residing continuously in the United States for three years if immediately preceding the filing of the application)...better to use the USCIS Instructions of course!

Thanks for advice. i will file back taxes for 2008 and I and my wife are in no hurry to file for citizenship but my co-sponsor is. they want me off thier back.

Brilliant!

Just check your dates to be sure that you send your N400 after the 3 year anniversary of the date when you have met all requirements. Do not file before the 3 year anniversary of your entering the USA to live as a PR with you wife ALSO do not file before the 3 year PR anniversary of the PR date on your greencard.

So we will pay twice then?

This is a handy reference:

http://www.visajourney.com/content/compare

It show the ball park cost of the K-1 route all tolled with AOS

Are you on Mac?

I can't open the forms on my Mac but the PC is fine

Have you looked at the N-400 form yet?

There's a truckload of questions, all in blocks, and the boxes are all lined up nicely so that you know they either want to have you answer all with YES or all with NO (it switches). Like:

Are you crazy or mentally retarded?

Have you ever murdered someone and did not get caught?

Have you ever been a member of the Nazi movement?

Have you ever failed to submit a tax return since becoming a resident?

If you mark one box out of "alignment" that's an issue to be revisited. As an LPR you are required to file a tax return. So I agree with Inky: file it tomorrow, late, which takes 5 minutes and cost nothing. You also owe no taxes and there is no late fee for filing.

Once all of that has been taken care of, order tax transcripts for 2008, 2009, and 2010, again, all free of charge, and be confident that you can mark NO to the question when mailing off your N-400.

I have looked at the form (we are very keen to get all this red tape behind us as well!) and the question is Have you ever failed to file a required federal state or local tax return. My CPA told us that my husband was not required to file in 2008 because he had no income, he could file if he wanted to but it was not required.

It looks to me like to OP is keen to get this going and he very well may decide to go back and file for 2008, great!

But from he has said here and going by what I was told by my CPA in regards to our personal situation, it seems that he has not broke the law and the answer to the question on the form would be NO, he has not failed to file a required tax return, which is what USCIS wants to hear.

Yes i so, so understand...but the spouse "should" have filed JOINT taxes in 08 ..it makes no differance if there working or not...

Plus fileing on the basis of the 3 yr rule,(married) the very least they want to see is that as a married couple they both filed Joint taxes for the last 3 yrs..simple as that.

I hate to say it but look at it as the(officer) interveiwer points of veiw he/she wants to see also evidence that the applicant is one of good moral standing...and that means that you have filed taxes since becoming a p.r

The uscis is sticklers when it come to the 3yr rule and taxes..as they feel the very least, the applicant is still happy married, paying taxes,and in good moaral standing.

Here is a sample link of a member who was asked about taxes while in the N400 interveiw.

http://www.visajourn..._1#entry4431750

IMHO..i would either wait until i have 3 yrs of taxes in my hand....or goto the local IRS with your spouse and file taxes for 08 and get something on paper that you filed, then you have something to show if need be.

Personally i would wait to save all the drama..

Amen

He is eligible to file after he has been living here as a PR with his AC Spouse for 3 years...BUT he can file after 3 1/2 years, 4 years, 4 1/2 years. They ask for 3 years of taxes, give them 3 years of taxes not 2 years of taxes not 4 years of taxes.

We are in Seattle and we filed for AOS in July 2008 and we were also processed through CSC we did have an interview in December 2008.

At this point your time frame seems perfectly normal and it can take longer and that is normal too.

You NOA letter gives you your legal status EAD gives your the right to work, you are fine.

At the bottom of this page there are instruction as to what happens after filing, there are important tips here, maybe this will be helpful to you?

http://www.visajourney.com/content/k1k3aos

Also, if you fill in the TIMELINE in your profile...you will be connected to other VJ members that filed around the same time as you, this will help you to see how other similar cases are progressing.

Try not to worry, this was not your mistake.

At this point all you can do is go step by step to sort it all out with them, it was their error.

Whilst I agree to a point that you need to do what USCIS asks...your case seems to have hit a little complication.

What has your attorney advised in regards to returning the greencard?

If I were in your shoes I would check that out with him first because that is your proof of legal residence

he's already familiar with your case and should be able to tell you if a request like that is the correct and normal course of action.

Thanks for answering my question guys. I arrived in U.S. in nov-2008 so yes i was here for less than 2 month that year and had no income and my spouse didn't work either thats why didn't file taxes for 08. and if i am right i will be eligible to apply for N400 in August this year as it will be 90 days less in 3 years. so now i am kind of stuck would u recommend filing back taxes for 08 ? or i can just add a note to my application explaining why i just have 2 years returns.

Maybe you are in a hurry for some reason and that is you business.

BUT if you file in August your application will be rejected because you are NOT ELIGIBLE

You have to be living here for 3 years prior to filing the application.

I just looked some stuff up on this. She can marry you following the rules of the court house in which you get your marriage certificate. You won't need to change to a K-1 visa. You can double check, but I'm 95% sure that's correct. Also she can apply for a permanent residence green card after you get married, but I'm not sure of the whole process involved in that.

Yes, they can get married...the court house does not give a hoot!

The part in red (above)...that is the important part and there maybe seriousPOTENTIAL CONSEQUENCES if she is entering the country on a student visa with the INTENTION to get married and stay in the USA. It is entering the country under false pretenses and it is breaking the law and they really need to take this into consideration because if it can result in a PERMANENT BAN from the USA, then it could force some very hard life altering decisions on them.

So, I was a January filer and I had a feeling something was wrong since it has been about 10 days and the check wasn't cashed as of yet. To my dismay, the packet was sent back. There isn't much info about my situation, so I am hoping you guys can help. Basically, I had started a topic on here before I sent in the packet regarding my husband having been issued a 10 year green card, I assume mistakingly, on 3/26/2009 (we were married Dec 8. 2007 - so less than 2 years). However, not knowing there was a law basically stating that if married for less than 2 years at time green card was issued, you must remove conditions within 2 years. We just thought the agent issued him a 10 year card.

Anyway, I was instructed by our attorney that even though it was a mistake and his card didn't expire until 3/31/2019, we must still remove conditions to avoid problems in the future.

So I mailed the packet on Jan 18th. We received it back today with the reason being "other" and handwritten it states that the card issued with the 551 must be returned with I-751 and fee. We did as directed and make copies of front and back. How would we know to send card back, and plus, then my husband would be without a green card in the interim.

On the I-751 when it asks for card expiration, I had put the actual date on card of 3/31/2019 (with an * and then a separate page explaining the mistake) and they crossed that out and put 3/26/2011. Does this mean we need to redo the application as well and just put 3/26/2011??

There is no place explaining this type of mistake...how would we have known to send card back??

Thanks SO much. I am pretty upset over this

Wow! When did your attorney tell you this? because with the greencard they send a letter saying to look the card over and if there is an error call them at the phone number on the letter. If he has been on your case all along I would think he should have suggested that the 10 year GC was an error and that you need to call them and get the error corrected instead of say you still need to file for ROC after 2 years!

We sent in our taxes for AOS, because of timing and circumstances we only had 1 year and AOS was approved and our income was LOW that year because we were getting ourselves established in a new business...USCIS mentioned NOTHING about our income AT ALL!

I don't think they are looking at your income, I think they are just making sure that you are in a good faith marriage, that your finance are intertwined. By filing a joint tax return it show a major joint financial obligation, it shows that you are living together in the US and it is substantial signed and sworn legal document.

I think you are fine, living off savings is not a crime!

Neither is being unemployed, lots of people are out of work these days, times are tough and circumstances change, that is just life!

Congratulations!

We had a co-sponsor and it went through fine.

Our co-sponsor submitted an I-864A

My understanding is that if you enter the USA with any visa other than a K-1 with the premeditatedintention of getting married and staying here there is the potential that you can be deported and banned from ever entering the USA again.

When we found this out we decided to go the K-1 route , for us it was better safe then banned!

IMHO you really want to do all of your homework before you decide what you are going to do.

Yep that could work..but what if the uscis wants to see 08 taxes also...they can if they want to....

What if? You could "what if" yourself into a coma during these processes!

Cross that bridge when you come to it, if they ask him for 2008 he'll have to tell them that he does not have it, it's the truth and it is reasonable, he was here at the tail end of the year and if he did not have income then, it makes sense.

Anyway, I seriously don't think they will ask him for 2008, they are not doing an IRS audit

and USCIS really doesn't want to be overwhelmed with your paperwork, they want to see the required

evidence and some reasonable supporting evidence.

If they ask for 3 years, give what they ask for, don't second guess it!

But on the USCIS website says that I can change the address only "if I have a pending case" - I donot have a pending case now, right???

Need advise.

The only thing I can see happening is that USCIS will send the NOA2 to the address that you petitioned with UNLESS you file a change of address with them.

Do you still have access to the mail at your old address?

As in, you used to live with friends or relatives and they still live at that same address?

Did you file a change of address with the US Postal Service?

If not I suggest you do it first thing Monday!

If you already did this, make sure it is not near the expiration date (I think they last for 6 months but you should check this with your postmaster) if it is near the expiration file another one now!

The envelopes from USCIS are noted as RETURN SERVICE REQUESTED, this means If the addressed person has moved the post office will send the letter usually along with the new address (but the post office can only do this if they have one on file for you!) back to the sender of the envelope (USCIS).

If the NOA2 gets returned to USCIS they will send it back to you but you really need to file a change of address with them. You can do this online but I would suggest you follow up with a phone call. If someone helps you get a reference number and their name...always keep a log of any phone calls to USCIS.

I am preparing my N400 application on a 3 year marriage based rule... I arrived in U.S. on Nov-2008 didn't file taxes that year. so now i just have tax return for 2009 and 2010. do they have to have 3 years ?

That makes sense to me, November 2008, you were here for less than 2 months, didn't work?

But the guides do say 3 years.

Are you submitting your N400 in November 2011? Because as of then you will have been living here as a lawful resident for 3 years with your spouse who is a US Citizen, because this exception is NOT based simply on 3 years of marriage. The requirement is 5 years as a lawful resident living in the US...or 3 years living in the US as a lawful resident with you USC Spouse.

That being said...

Since there is no deadline for the N400, instead of filing in November 2011, why not just wait a couple of months, get your 2011 taxes done ASAP and submit the N400 in early 2012 with your 2009, 2010, 2011 taxes?

Then they have 3 years worth and you don't have to worry that you might come up short with the paperwork they require?

Thanks guys.

I recently moved, should I contact NVC for change of address?? Or does it matter now??

I have not yet received physical mail of NOA2 yet, it will come soon.

If you have recently moved and have not filed a change of address with USCIS where have they sent your NOA2?

How will you collect it?

In our experience we never moved but we had an issue with postal theft from our mail box (at our residence) so we got a PO Box, and we filed a change of address with USCIS but to our horror it was never updated in their system and USCIS still sent the mail to our old address.

The mail from USCIS was NEVER forwarded by the postal service to our p.o. box via the change of address we filed with the postal service, it was returned to USCIS. This caused a lot of stress because this piece of paper was a vital part of the process further down the line and this is a very time sensitive process!

Luckily the NOA2 was finally received because USCIS resent the NOA2 that was returned to them back to us at the correct mailing address. But having spoken to the USCIS rep on the phone he said I would have to apply for a copy of the document (if it was lost or not returned t them), it would cost $365 and it would be up to 6 months to receive it!

It is really important to make sure that they have your current mailing address! If you update your address with the GET A REFERENCE NUMBER for the change! You want to be certain that it has been recorded properly!

Here is a link to the process for the K-1

http://www.visajourney.com/content/k1flow

BUT maybe that is not what you are filing for?

People here will be better able to help you if you fill in your profile information and your time line.

I would also suggest getting involved with a group in the forums where all the people filed in the same month as yourself, this will provide a lot of valuable information, tips, updates and support for you during this process, which can be long and daunting.

Best of luck to you!

My Husbands Alien Number was on his K-1 approval letter, it started with an A followed by 9 digits

My Husbands Greencard came in the mail today...

HOORAY!

we were STUNNED because we just sent in our RFE which they received on Jan. 19th (then we get his GREENCARD 9 DAYS LATER???)...we are thrilled, don't get me wrong!!!!!! But...I just noticed this thread and saw that people have been getting phony RFEs??? NOW after all the stress of that RFE I wonder if it was even real!

ROC Time Line

CIS Office : California Service Center

Date Filed : 2010-11-02

NOA Date : 2010-11-12

Bio. Appt. : 2010-11-26

RFE(s) : 2010-12-09

Interview Date : NONE!

Approval / Denial Date : 2011-01-25

Approved : Yes

Got I551 Stamp :

Green Card Received : 2011-01-28

We sent the RFE in via Express Mail on January 18th it arrived on the 19th.

The letter said it was to be returned by the 20th...we did not know if that meant MAILED by the 20th or IN THEIR HANDS by the 20th, so we expressed it with an extra day to spare just in case! It was in their hands by the 19th! Today is the 28th and the GREENCARD is NOW in our hands!

For the RFE we sent in:

Our state identification/DL with our home address (same address) on it

Vehicle title in both our names (They asked for it, they got it, Toyota...except it is a Honda)

A cover letter with 3 paragraphs explaining a bit about ourselves and why we do not have certain documents (joint car insurance, health ins, 401K etc, lease/mortgage, utility bills), and our plans and goal for this year as well as with in the next 5 years.

Aff. from my cousin that stayed with us for 2 weeks last summer confirming we live together, happily married etc etc.

Aff from my mom saying amongst other points that we live in her house and are jointly responsible to pay x amount every month.

A letter from our bank manager with our signature cards for our accounts

Our dogs adoption papers, license, Vet records, photos

Photocopies of all the FEDEX and UPS boxes I could find with our names and address on it.

Copies of Greeting Cards and envelopes from friends and family.

About 80 pictures of us together or with family and friends or on Holiday where it was obvious that we were there together ie: I GOT A PICTURE OF YOU HOLDING THE FALCON AT THE ZOO, NOW YOU GET A PICTURE OF ME HOLDING THE FALCON...and it is clearly the same falcon because he has the same hat on in both pictures.

I have to say that after we sent the packet in there was NO sense of relief. I was having anxiety attacks and obsessing over it for about a week after we sent everything back and only managed to calm myself down after deciding that if we had to move to England would not be the end of the world (it would just suck because we have spent the last 4 years working to get where we are and our life is established HERE). My husband, greencard in hand has finally admitted that he felt the same.

Any ways...

What an AWESOME result!

Hi all,

Here is my dilemma

I have sent in my ROC, did the Bio and waiting for the next step from the USCIS. I feel i have sent less evidence then I have, I know its after the fact. In your expert opinion, do you think I must send in the bank account, insurance ect, now or wait and see if I get an RFE? what are your thoughts on doing one or the other?

We got the RFE after the Biometrics appointment, it all happened really fast, I added the time line below.

Date Filed : 2010-11-02

NOA Date : 2010-11-12

Bio. Appt. : 2010-11-26

RFE(s) : 2010-12-09

RFE Returned 2011-01-19

APPROVED!!! 2011-01-25

Interview Date : NO INTERVIEW!!!

Approval / Denial Date : 2011-01-25

Wait for an RFE! No Question about that! Wait for the next step, if they ask for more evidence don't hold back, you get one chance to send in everything that you have.

:dance: :dance: Huzzah and Holy Moly! :dance: :dance:

We got my husbands GREEN CARD in the mail today!!!!!!!!

We can't believe it, we thought we would have to go in for an interview for sure after the RFE!

I will keep posting and let everyone know how this all turns out for us because through many different stages in this process we have read quite at few posts here trying to understand what we need to do and it can be frustrating when you don't know exactly how things turned out for people in similar situations to yours.

I will list what we were able to gather for the RFE as well in hope that it will help others here.

One easy easy stupid stupid area where I feel we really could have done better is with the photos. We have some but maybe not as many as we should...we both HATE having our pictures taken...and photos get deleted when they offend your sense of vanity...I have THE MOST HORRIFIC photo of myself with my husband at Thanksgiving dinner with our friends...I can't believe I have to send it in with this RFE but I am glad we have it.

This may be considered secondary evidence, I don't know, but you have some time left before you need to file...so I suggest making sure you have lots of pictures to choose from...candid and group shots with family and friends ...keep track of dates and locations...any parties or social events you go to, take a camera!!! Make a concerted effort to get a couple of shots a month at least! Go to the park, a restaurant or some other public place and ask a stranger to take a picture of you together...make sure you have lots of pictures...even if you don't use them all, at least you will not regret not having more.

I will keep posting and let everyone know how this all turns out for us because through different stages in this process we have read quite at few posts here trying to understand the process and it can be frustrating when you don't know exactly how things turned out.