can I file tax as 'nonresident' ? clarification needed for one of N400 Q.

[rrb]

Hi all.
I am having a GC, still not eligible for N400. But, as I went through the form, I have this question. I appreciate if you can reply in detail, as I will be filing taxes soon for this year.

One of the questions on section#10:
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Continuous Residence

Since becoming a Lawful Permanent Resident of the United States.

13. Have you EVER called yourself a 'nonresident' on a Federal, state or local tax return?
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My situation:
I am in PA and last year:
Jan-march- in PA, PA
march-sep- in washignton,DC
Sep-dec and now in PA, PA

I have my family in PA itself for the whole year, we did not move to DC but I used to commute in car every weekend and I am still in PA.
I am guessing that I need to file taxes for PA as 'resident' and for DC as 'non-resident'. I used to stay in my friend’s apartment for the week and return back to PA over the weekend.

My question:
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1. What this N400 form question significance?
2. If answer to question is 'yes' then what does it mean?
3. In my scenario, can I file as 'non-resident' in DC? Is that normal practice here?
4. In my scenario, if I file as 'non-resident' in DC, what will be the impact?
5. If any one had similar situation, what is the safe/best method to file taxes? I mean can you tell what need to be done? File 'resident' or 'non-resident' in DC? Which one is appropriate so that it won't jeopardize my N400?

I appreciate your help in this regard.

 

[lecinq]

I had a similar problem, but it was after the fact. I disclosed this on my N-400 and explained that I had moved from one state to another and therefore did this.

I asked two immigration lawyers via phone (a very quick free consultation) and they said that this should not be an issue. I think that it's the Federal tax return that really matters. Anyway I ended up filing without a lawyer, so I'll deal with the problem if it really does become one.

That said, though, anything that raises the eyebrows of an immigration officer is probably not good. You can always consult an accountant -- perhaps you can file as a "part-time resident" (so you're not really technically non-resident).