GC - State Tax Returns (Non-resident - Will this make me lose status)

[zamaan]

Hello

I got the GC in November after entering USA.

When I filed my taxes - I filed Federal 1040A (as a resident) and for state - I had to do so for 3 states - IL, GA and LA.

Since I was only resident of IL during that time - do I have to file GA and LA state tax with "non-resident status".

I am concerned because the GC documentation says "that you lose your immigration status if you ever file taxes as a non-resident"

Also - the US citizenship application asks "Have you ever called yourself 'non-resident' on a Federal, State or local tax return?"

Have any of the folks on this forum (with GC initially) filed state returns as non-resident and have gone through with their citizenship processing/ interview without issues?

Kindly guide.

Thanks
zamaan

[sfmars]

Why do not you ask IRS and USCIS directly about it ?

If I were you I would ask them for sure.

[TheRealCanadian]

Originally Posted by zamaan

I am concerned because the GC documentation says "that you lose your immigration status if you ever file taxes as a non-resident" Also - the US citizenship application asks "Have you ever called yourself 'non-resident' on a Federal, State or local tax return?"

You'll need to answer "YES", and then explain. Yours is a common situation which should not cause a problem.

[howdy_howdy]

You are just fine, don't worry. Although you were not a resident of GA & LA, you were a resident of IL anyhow. Also, the clause you are referring to is for "federal tax" and NOT for "state taxes".

Good luck
howdy_howdy
//

Originally Posted by zamaan

Hello

I got the GC in November after entering USA.

When I filed my taxes - I filed Federal 1040A (as a resident) and for state - I had to do so for 3 states - IL, GA and LA.

Since I was only resident of IL during that time - do I have to file GA and LA state tax with "non-resident status".

I am concerned because the GC documentation says "that you lose your immigration status if you ever file taxes as a non-resident"

Also - the US citizenship application asks "Have you ever called yourself 'non-resident' on a Federal, State or local tax return?"

Have any of the folks on this forum (with GC initially) filed state returns as non-resident and have gone through with their citizenship processing/ interview without issues?

Kindly guide.

Thanks
zamaan

[bestpal]

If you filed all taxes as non reident, then you are in trouble but how would the USCIS find that out is another question because IRS and USCIS dont' share information with each other and they are separate government entities. When you apply for USC, they may ask you this question but if you say no, I don't think they will find it out either unless they need to look at your tax transcripts but they'll only look at the last 3 yrs.

[nelsona]

Originally Posted by bestpal

If you filed all taxes as non reident, then you are in trouble but how would the USCIS find that out is another question because IRS and USCIS dont' share information with each other and they are separate government entities. When you apply for USC, they may ask you this question but if you say no, I don't think they will find it out either unless they need to look at your tax transcripts but they'll only look at the last 3 yrs.

Dream on bestpal

[Jackolantern]

If you are resident of one state, you are a non-resident of every other state and it is acceptable to file as a non-resident for all of those other states.