Did not file tax return, am i in trouble for the N-400?

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luckysep

Registered Users (C)
Hi guys, i am marriage based greencard holder, i will be eligible to file N-400 this month. My first and the only job was worked as a waitress for 4 months last year, my husband did not file it,he only filed his job, we are married joint filling. I am just worried, is this going to be a trouble for me at N-400 process? What should i do now,thanks a lot
 
If you were issued a W-2 or 1099, you must fix your taxes before you apply for N400. Obviously you will not lie, and CIS will not approve it if the taxes were not filed or not current.

You can always file late returns or amend originally filed returns ... I think you can do this for past 3 years.
 
Thank you, sanjoseaug20, yes, i got my W2 from my employer, so should i file the 1040X now before N-400? I looked on the internet, even i file the 1040X, the IRS wont respone you for couple months though. I really dont know what to do
 
When you are in front of the IO, you should be able to say with a clear conscience that you have filed. They can challenge it, but if you can produce the proof of payment, all they can ask for is a transcript ... which they will give you time for.

How does a couple of months matter in terms of doing it right?
 
File an amended tax return and pay the overdue taxes (if any) before submitting the N-400.

The interview will be at least a couple months after you file the N-400, so the IRS will probably respond before the interview.
 
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luckysep said:
Hi guys, i am marriage based greencard holder, i will be eligible to file N-400 this month. My first and the only job was worked as a waitress for 4 months last year, my husband did not file it,he only filed his job, we are married joint filling. I am just worried, is this going to be a trouble for me at N-400 process? What should i do now,thanks a lot
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I filed my N400 and also did my fingerprints, when i tried to order my tax transcript, i found out my 2004 return was rejected from the IRS and i was not aware of that. For the IRS a rejected return is considered it as not filed also. I asked a lawyer and he told me that i had answered what i knew was true on my N400 but that i should go ahead and file right away. I did and i paid a big chunk of what i owed. The IRS took 6 weeks to process my return, i called and i was told the remaining balance was only $145.
The difference here is that my application was already filed and i answered "No" because i knew my taxes were filed. You know your taxes are not filed so you can't answered "No" to the tax question. For me, the IRS never sent me a letter and the IRS agent found it really strange that they never sent me a notice also. I would suggest you file your taxes first ASAP and wait another 6-8 weeks until the IRS processes it, and then file your N400. If you can't pay the IRS off, make sure you make a payment arrangement with them and keep that notice until your interview but answer the tax owed question truthfully.

If you read the forum, most people who have marriage based GC are most of the time asked for their tax returns or transcript.
 
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Thank you so much,fairlakes. I mailed the 1040X today,and we owe $1000 dollars. We can not pay off this amount one time, should i contact the IRS to make a payment plan? As long as i have the payment plan paperwork, and bring them to the n-400 interview, they should not reject my application, right?
 
luckysep said:
Thank you so much,fairlakes. I mailed the 1040X today,and we owe $1000 dollars. We can not pay off this amount one time, should i contact the IRS to make a payment plan? As long as i have the payment plan paperwork, and bring them to the n-400 interview, they should not reject my application, right?
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If you can not pay it off before you send your N400 application, make sure you make a payment arrangement with the IRS. IRS will not make a payment arrangement until they process your return which takes 6-8 weeks. Don't send your N400 before the IRS processes your return otherwise you will have to answer "Yes" that you owed taxes and "yes" that you have failed to file taxes(Taxes are considered filed until IRS receives them), which is not good for you. As long as you have a payment plan AND you are making the payment, your application will not be denied but make sure you answer "yes" that you owed the IRS money.

Also, you might owe more than $1000 because IRS will add interests and penalties (Penalties for failing to file and penalties for filing late). In the meantime, before they process the return, send as much as you can(every bit counts), write them checks and make sure on the front of the check you put yours and your husband SSN, phone number, the tax form and the tax year you want the payment applied to.

Don't worry too much, i know it's easier said than done but you haven't sent your N400 application so you are on the right path of fixing the problem.
 
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Thanks fairlakes, you been very helpful. One thing, i still got a little confused: they can only make the final decision at interview day, which mean i will be fine as long as i show the payment plan evidence. Why i should not send the N-400 untill IRS process my 1040x?
 
fairlakes said:
Don't send your N400 before the IRS processes your return otherwise you will have to answer "Yes" that you owed taxes and "yes" that you have failed to file taxes(Taxes are considered filed until IRS receives them), which is not good for you. As long as you have a payment plan AND you are making the payment, your application will not be denied but make sure you answer "yes" that you owed the IRS money.
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To be fair, the tax return was filed, just incorrectly.
 
luckysep said:
Thanks fairlakes, you been very helpful. One thing, i still got a little confused: they can only make the final decision at interview day, which mean i will be fine as long as i show the payment plan evidence. Why i should not send the N-400 untill IRS process my 1040x?
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Maybe you don't need to wait until they process your 1040X, but you still need to delay your N-400 enough to give the IRS time to process the 1040x and arrange the payment plan before the interview.
 
Thanks, The RealCanadian, i feel a little better:( Was upset about this all day today, i mailed the 1040x today,also i called the IRS to check if we can set up a payment plan, the lady said it take 12-16 weeks for them to process the 1040x, and then they will mail a notice to me, i can only set up the payment plan after i get that notice. I think i am going to mail the N-400 next month anyway, i was honest to my mistake,mailed the 1040X..
 
luckysep said:
Thanks fairlakes, you been very helpful. One thing, i still got a little confused: they can only make the final decision at interview day, which mean i will be fine as long as i show the payment plan evidence. Why i should not send the N-400 untill IRS process my 1040x?
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Because as i understood it, your husband filed separately, Your income was just now included on the return by amending it, now that you did, it's good. As i said the IRS considers the return filed after they received it. So until they receive the amended return, your husband has filed and not you since you are his spouse and not his dependent. The reason i said to wait until the IRS processes your return was to be on the safe side, to let you know you are this close to citizenship so sort out the tax issues by filing, let the IRS process it and then send your N400. Tax returns and amendment can be rejected by IRS (like my return was) and if IRS rejects it, it's considered not filed. What if you send your N400 in one month and then later when they process it you get a bad surprise from IRS. Like sanjoseaug20 said on this forum "How does a couple of months matter in terms of doing it right? ". The decision when to send N400 is ultimately yours, whatever you decide to do good luck as we all need it. Keep us posted.
 
You are right,fairlakes, its always good to be on the safe side. "We are married join filing" , not married file seperate. The time my husband filed our tax return, we dont have my W2 yet.. But its not a excuse, i know. I should blame him on this one. Wish the IRS wont reject me since i am not asking more refund but give them money @_@
 
hi guys, i got one last question if anyone are able to help: As you knew, i mailed the 1040X.But on my 2009 tax transcript, it did accepted by the IRS,it doesnt say i owe money or anything. But on the M-477 form, it stated: " if you have any tax that are overdue,send a signed agreement from the IRS showing that you have filed a tax return and arranged to pay the tax you owe AND documentation from the IRS shpwing the current status of your repayment program. " My question is since i mailed the 1040X, i did not get respone from IRS yet, so i dont have any paper to show beside a copy of my 1040X. What should i do with my N-400 application now? Mail the N-400 and say i dont owe IRS money or mail the N-400 with the copy of 1040X only? Thanks a million
 
#1. You will need the "paper" only for interview, if that.
#2. As long as you mailed the 1040X, and along with that you mailed in the payment due, you are fine. If you did not mail the payment, then you have a gap.
 
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