Citizenship interview questions for divorcee

S

sukhi

Registered Users (C)
Hi,
My interview is scheduled next week.I came here on marriage base(5 years back),but unfortunately got divorced.
I used to go my native country every year for 3-5 months because my parents are there(i'm only son).Other reason is i have not any job here.
My concern is,what can be the possible questions(except test)?
or What i can do to prepare myself for interview?
I haven't filed tax this year,but filed extension.

Thanks in advance
 
sukhi said:
Hi,
My interview is scheduled next week.I came here on marriage base(5 years back),but unfortunately got divorced.
I used to go my native country every year for 3-5 months because my parents are there(i'm only son).Other reason is i have not any job here.
My concern is,what can be the possible questions(except test)?
or What i can do to prepare myself for interview?
I haven't filed tax this year,but filed extension.

Thanks in advance
Click to expand...

I was asked nothing about my divorce, I filed based on 5 year residence. As long as you include the divorce agreement with the N400.

If there are financial clauses in the divorce agreement, e.g. child support, alimony, be prepared to show proof that you have kept up with any payments - preferable to send it in with the N-400.

And for the trips back home each year for 3-5 months, I would be prepared for questions on this and be readcy to show proof that you maintained residence to the U.S. such as bank statements, lease/mortgage papers, tax records, car insurance/payments, anything you have that shows your main residence has been in the U.S.

Good luck
 
eringo said:
I was asked nothing about my divorce, I filed based on 5 year residence. As long as you include the divorce agreement with the N400.

If there are financial clauses in the divorce agreement, e.g. child support, alimony, be prepared to show proof that you have kept up with any payments - preferable to send it in with the N-400.

And for the trips back home each year for 3-5 months, I would be prepared for questions on this and be readcy to show proof that you maintained residence to the U.S. such as bank statements, lease/mortgage papers, tax records, car insurance/payments, anything you have that shows your main residence has been in the U.S.

Good luck
Click to expand...

Thanks eringo,
I haven't any issue of child support or alimony.I sent the divorce certificate with N400.
Every time i went my country,the trip was less than 6 months.
One more thing,i haven't filed my tax for 2008,but filed an extension.Is this going to be a trouble?
 
I'm sure, from what you said, you do meet the continous and physical residence requirements for naturalzation - just!

Even having met the residence requirements they can still question you if the trips are long i.e 5 months, and frequent i.e. every year. They are looking for people playing the system.

Just be prepared to show that you have maintained your residence ties to the U.S. by showing proof as i mentioned in the previous reply.

As for the tax issue, they don't require tax transcripts for the past 5 years, they do ask "have you ever failed to file a tax return" and to be honest I am not sure what advice to give on your question, i am sure more people will add their comments/advice.

I don't think it is a major issue, i think the 5 month trips are of more concern.
 
I am not sure why any one would file for an extention? Payment is due on a due date anyway.
 
acr said:
I am not sure why any one would file for an extention? Payment is due on a due date anyway.
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Sometimes it takes extra time to gather documents and information related to the return, so you can only estimate the tax amount (plus add a buffer in case you're a bit wrong) and then send in payment on the due date based on your estimate.
 
acr said:
I am not sure why any one would file for an extention? Payment is due on a due date anyway.
Click to expand...

A lot of people also get refunds, so a payment may not be due, especially if a person is working on W-2. The reason for filing an extension is to get one's receipts in order and claim the correct amount to be refunded.
 
I do not believe such a receipt is required in order to claim the refund as well as there is no penalty for fail to file if taxes paid with a buffer by a due date, isn't there?
 
sukhi said:
Thanks eringo,
I haven't any issue of child support or alimony.I sent the divorce certificate with N400.
Every time i went my country,the trip was less than 6 months.
One more thing,i haven't filed my tax for 2008,but filed an extension.Is this going to be a trouble?
Click to expand...


applicant has filed for extension for 2008 taxes, does he need to be prepared at interview? and does he answer yes or no to the question " have you ever failed to file a tax return?"
 
eringo said:
applicant has filed for extension for 2008 taxes....... and does he answer yes or no to the question " have you ever failed to file a tax return?"
Click to expand...

He needs to answer No. He filed for an extension which is good enough (Assuming he will file by October).
 
acr said:
I do not believe such a receipt is required in order to claim the refund as well as there is no penalty for fail to file if taxes paid with a buffer by a due date, isn't there?
Click to expand...

Exactly. However, there's still the matter of the "Have you ever failed to file a tax return?" question on the N-400.
 
Vorpal said:
Exactly. However, there's still the matter of the "Have you ever failed to file a tax return?" question on the N-400.
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I would say filing for an extension does not fall under failing to file a tax return.
Failing to file tax return implies applicant never took steps (including filing an extension) to file a tax return for a given year.
 
Bobsmyth said:
I would say filing for an extension does not fall under failing to file a tax return.
Failing to file tax return implies applicant never took steps (including filing an extension) to file a tax return for a given year.
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That seems right. I tend to think that the question pertaining to non-filing of a tax return refers to completely ignoring a tax filing, or filing an extension and subsequently ignoring it.
 
clerification on documents part for N-400

Hello everyone,
I recently joined this forum and have few questions regarding N-400 documents.

I came to this country based on marriage and got divorce within the few months. I will be completing 5 years of my green card in October. I am second time married now and I don't know what all documents USCIS asked based on my recent and past marriage.
N-400 documents checklist is bit misleading to me for preparing documents to send it to USCIS.

Please help me who ever has similar case

So far I have all this docs listed below,
• From N-400, Application for Naturalization
• Photocopy of Permanent Resident Card (Green card)
• Two Identical color photographs with pencil written name and A# in the back
• A check for $ 675.00 ($ 595.00 + $ 80.00)
• Copy of Divorce Decree
• Copy of current marriage certificate
• Copy of Divorce Decree of my spouse

Please fill me in
 
Inkapat said:
Hello everyone,
I recently joined this forum and have few questions regarding N-400 documents.

I came to this country based on marriage and got divorce within the few months. I will be completing 5 years of my green card in October. I am second time married now and I don't know what all documents USCIS asked based on my recent and past marriage.
N-400 documents checklist is bit misleading to me for preparing documents to send it to USCIS.

Please help me who ever has similar case

So far I have all this docs listed below,
• From N-400, Application for Naturalization
• Photocopy of Permanent Resident Card (Green card)
• Two Identical color photographs with pencil written name and A# in the back
• A check for $ 675.00 ($ 595.00 + $ 80.00)
• Copy of Divorce Decree
• Copy of current marriage certificate
• Copy of Divorce Decree of my spouse

Please fill me in
Click to expand...

Have you checked out the sticky on what documents may be asked at interview?:


http://forums.immigration.com/showthread.php?t=288288
 
acr said:
I am not sure why any one would file for an extention? Payment is due on a due date anyway.
Click to expand...

There can be a lot of reasons. One that I can think of is if someone has overseas investments and that country's Tax year does not run from Jan to Dec as it does here. They will need to wait until they have filed for taxes in that other country to get credits her so as not to pay double taxes. Some Countries run tax periods from July1 to June 30.

Another issue could be an S-Corporation that also has different tax year say, April 1 to March 31. The income from an S-Corp transfers to a personal income return. The company taxes need to be filed and then the personal one can be lodged when the income is known.

I wont bore you all with more but there are many legitimate reasons for extensions to file.

To get back on topic, providing the OP lodged the request for an extension before April 15th, they they have not yet failed to lodge a return as none is due until October. To me "failed to lodge," means intentionally NOT lodging ever.

To take that another step further, even lodging AFTER the filing date and paying fines is still not failing to lodge.
 
No, you do not bother me at all. You provided valuable information. Thank you for that.

I believe, that paying taxes as they due is only required. While it is beneficial for taxpayers to file ASAP as it triggers the statute of limitations as well as one can optimise deductions, there is no penalty for no filing by itself.
 
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