Is a need for tax returns or tax receipts at the interview?

E

easybay

Registered Users (C)
I have just read 5 different postings and now I'm completely confused.

Do you have to bring returns or tax receipts (or both?) to the interview? There is no place on the USCIS website that says to bring them - they ask for ID and 2 color photos.
 
Maybe I should clarify - in the post by JohnnyCash of "what to bring with you" to the interview, he recommends bringing tax returns and receipts.

My situation: We moved to CA from TX in May 2010 - We have 4 months continuous residency in CA before the application and almost to the date 5 years with green cards. We have always paid our taxes and we don't owe anything to the IRS. All our tax documents are in the back of a crammed 10 x 10 storage unit, and I don't want to unload the unit to find the old returns if I don't have to. (Although I will if necessary).

I have requested Tax receipts from the last 4 years for the interview.

Sooooo, in my situation, I'm assuming I don't need the old returns.
 
Your plan is perfect. Unless you situation demands it, do not spend time getting tax docs. If they want them, they will give you time to collate things.
 
Hi

I think if this case a marriage based, then you need tax return papers. Otherwise it is not necessary.

By the way I have a question though. Is it necessary for one to live in a state for at least 6 months before filing N-400 as a resident of that state?

Thanks
 
You don't need your tax return papers at all, even the Yellow Letter should tell you that if you got one. The letter uses the keyword "OR". So either is good and in your case where you have your tax returns in the back of a container there is no need to unload that storage unit for it, you already did the perfect thing by ordering the transcripts. I have my tax returns in front of me and I prefer tracsripts because it gives you a glanceable summary of your tax filings per year. And filed at all or not it will say so clearly or if filed jointly it will say "Married Filing Jointly", it clearly shows your spouse's details and any amount you both owe if you owe or $0.00 if you do not owe. It is even addressed to both of your names, so it is perfect for any N400 application even marriage-based (I read someone mention you need your tax returns for marriage-based, that is incorrect). So I would say it is better to go with the transcripts.
The advantage of transcripts over tax returns is that it shows if you owe or not while tax returns do not show if you've paid what you may owe. As someone posted on some other thread said their N400 application interview was continued because they could not prove that they've paid what they owed, a transcript clearly shows if you owe and if you do not owe it shows a "$0.00" balance. So again transcripts are much better in any case in my opinion.
 
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usaflyingeagle said:
Hi

I think if this case a marriage based, then you need tax return papers. Otherwise it is not necessary.


Where does it say you need tax return papers? Wouldn't a tax transcript from IRS suffice? In the age of e-filing, who spend time writing on a piece of paper and mailing it? Marriage based filing has high scrutiny for the reasons that it is a short-cut to independence, but the bottom line is that you need to be filing taxes.
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Bobsmyth said:
In the document checklist in the guide.

http://www.uscis.gov/files/article/M-476.pdf
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Does anybody know the difference between tax returns and tax transcript? It seems as if this is another legal mumbo jumbo from USCIS and IRS. I read somewhere that Form 1722 was used to show that someone didn't file for their taxes, and in talking to IRS office, it was explained to the person that this form is no longer being used by IRS and tax transcript should suffice and show any issues. A friend of mine has interview on Friday and has tax transcript showing all her filing which was jointly with her husband.
 
Hey Alsouthner,
How long are you going to remain at the international space station???YOu been overthere for a while now...Let us know when you need more supply...Hey by the way..I hope Nasa left enought employees to rescue you or sent another shuttle up there...you better come down with this last shuttle...if not you will get stuck over there...LOL
 
TAx transcripts is a summary of your tax flings even if its jointly or not. The mainadvantage of Tax transcripts over tax returns is that with Tax transcripts anyoen can tell if you owe or not. It is the only way to confirm that you do not owe the IRS, while tax returns may show that you have filed, it does not confirm if you've paid anything you may owe. I read someone on this forum say that their interview was continued to because he could not confirm to the IO that he does not owe the IRS because all he had was his tax returns. If he had the trascripts, they would have been able to see it right there and then. That is why even though I have all my tax returns, I have ordered tax trascripts being the better tax related document to take rather than tax returns.
 
jayoa said:
TAx transcripts is a summary of your tax flings even if its jointly or not. The mainadvantage of Tax transcripts over tax returns is that with Tax transcripts anyoen can tell if you owe or not. It is the only way to confirm that you do not owe the IRS, while tax returns may show that you have filed, it does not confirm if you've paid anything you may owe. I read someone on this forum say that their interview was continued to because he could not confirm to the IO that he does not owe the IRS because all he had was his tax returns. If he had the trascripts, they would have been able to see it right there and then. That is why even though I have all my tax returns, I have ordered tax trascripts being the better tax related document to take rather than tax returns.
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J,

I believe your explanation makes more sense to me. I think the tax transcript is a more complete and accurate representation of the tax record, as opposed to a tax return which lacks the full picture. When I used to file taxes years ago, my accountant will do them and tell me, all mistakes will delay your tax returns, only to find that IRS correct certain issues. It was so good one year, they corrected my tax returns and added $3,650 to my original refund. Once I got the check, I fired my accountant for being an azz....lol!!!!! I told her she should count on her tax transcript, of which she has all the relevant years (3 years), IRS actually told her that the 1722 is no longer in used by the agency, and immigration should stop asking for the form, tax transcripts serves all required purposes.
 
When I received my GC thru a parent petition, I was able to include my hsband at the time of approval to get a GC. A year later, I filed for a divorce but separated with him for 4 years while going thru divorce process. We were both filing HOH in our tax return since we were not living together. After 4 years, we were able to work things out and the divorce was dropped. We are both ready to apply for citizenship but I'm concerned about the filing status the time we were separated. Since 1 of the required documents is to provide tax returns, is it safe to say that we can explain our case without having a problem? Should I pursue citizenship right now or wait?
 
You didn't get your GC based on marriage, and you're applying based on the regular 5-year rule, so your separation won't matter.

But you might have a problem if you inappropriately claimed HOH status on your return. You can file as HOH if you're separated, but other criteria must be met.
 
Tnx for your response jackolantern. I think we met the criteria for HOH since we both have qualifying dependence and living separately. Is it wise to pursue citizenship right now or shod I wait it out?
 
Amyayc said:
Tnx for your response jackolantern. I think we met the criteria for HOH since we both have qualifying dependence and living separately. Is it wise to pursue citizenship right now or shod I wait it out?
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According to IRS pub 501,
the following is the definition of HOH:


"Head of Household

You may be able to file as head of household if you meet all the following requirements.

*You are unmarried or “considered unmarried” on the last day of the year.

*You paid more than half the cost of keeping up a home for the year.

*A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent , later, under Qualifying Person."

See http://www.irs.gov/publications/p501/ar02.html#en_US_2010_publink1000220775

If you satisfy all of these criteria, then you did qualify as HOH.

From your first post it sounds like you'll be applying for naturalization based on being an LPR for 5 years (rather than on being a U.S. citizen for 3 years).

For 5-year based N-400 cases, providing tax return transcripts is generally not required, unless you had some extended trips abroad and there is a potential issue regarding the continuous residency. So, if you do not have any long trips abroad during the last 5 years, providing tax return transcripts is not required and you will not be asked for them.
 
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