citizenship and IRS tax forms

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rajtheking

New Member
Hi,I looked for an answer for this question but could not find it.
I have applied for citizenship and my interview is on may 31st. I was studying in India and so my parents who are now US citizens and who were working here filed my taxes as a dependent on their irs tax forms.I submitted those to the INS to prove my continuous residence.So will the INS accept these tax forms in which I was filed as a dependent [as I was a student studying abroad]Any help wll be appreciated.Thanks.
 
rajtheking said:
Hi,I looked for an answer for this question but could not find it.
I have applied for citizenship and my interview is on may 31st. I was studying in India and so my parents who are now US citizens and who were working here filed my taxes as a dependent on their irs tax forms.I submitted those to the INS to prove my continuous residence.So will the INS accept these tax forms in which I was filed as a dependent [as I was a student studying abroad]Any help wll be appreciated.Thanks.
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That's one of the most common mistakes when dealing with the INS (CIS), sending more information than required. You brought attention to the issue by sending documentation that is in not required in the N-400 instructions and naturalization guide.

I don't think it will be an issue, but be aware that you created the issue by sending more documents than needed.
 
Reply

Actually I was out of the country for more than 6 months and so there was a break in my continuous residence.The INS document check list for N-400 states that tax forms must be submitted to prove that I maintained my ties to the US and any other supporting evidence must be sent.That is why I had to send in those tax forms.But as you said are they required in my case too?And are dependent tax forms acceptable evidence to the INS to prove that I did not abandon my ties to the US.Thanks for your reply.
 
rajtheking said:
Actually I was out of the country for more than 6 months and so there was a break in my continuous residence.The INS document check list for N-400 states that tax forms must be submitted to prove that I maintained my ties to the US and any other supporting evidence must be sent.That is why I had to send in those tax forms.But as you said are they required in my case too?And are dependent tax forms acceptable evidence to the INS to prove that I did not abandon my ties to the US.Thanks for your reply.
Click to expand...

You are right that if you were out of the country in any single trip for over six month, the your own tax returns has to be sent. Three comments though:

1) They have to be your returns (and of your own family if applicable), not your parent's having you as a dependent. In fact you can be a dependant for them even if were not living with them and you were abroad. In other words, your parents' tax returns are not evidence you kept ties with the USA and they were not required to be filed with your N-400. Also, you can be a dependent and still file your own return.

2) Did you stay abroad for 6 months during any single trip? If so, did you have a 2-yr permit? If you did not stay away for six months in a row, you did not need to include any tax return. If you left for 6 mo+ in a single trip without a permit, have you considered that you broke your continuous residence?

3) In general if you do not have a document they ask for, you should state that it does not apply to you or that you don't have it. Sending someone else's document is not the right approach.
 
What can be done now?

Well done is done. You can't change it. I am not implying that you did anything wrong by supplying your parents tax returns.

What you need to do is prove to USCIS that you were not required to file for tax return that year. If you did not have any income (or even interest income or income less than certain amount) that particular year then you don't need to file tax return.

Hope this helps.
 
Reply

Even though one does not have an income or if one is studying abroad,he has to file a tax return.Once we become a green card holder ,we have to pay taxes and file tax returns every year irrespective of our employment status.And since I was studying in India all the time I had no income here and so they filed me as a dependent.Even my brothers were filed as dependents.But they studied here and are now US citizens.I had re-entry permits twice. The INS wants me to prove my intent of not abandoning the US. So to prove that intent I submitted those forms.My intent was to always come back to the US after studies and my parents were helping me in that by filing me as a dependent.
Thanks a lot for the help on this board.
 
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