Do they ask for tax returns even for non-marriage based applications?

[brahmachari99]

I've always filed and paid my taxes in the past. However, due to economic hardship and loss of income in the last 10 months, I am behind on my 2008 taxes that I am unable to pay at the moment. I have not filed my 2008 return but intend to file it by October 15, and pay whatever I can at that time.

My citizenship interview is coming up next month. Now my question is, do they specifically ask for tax returns for non-marriage based applications? If so, will my application be denied because I owe and am currently unable to pay all taxes?

 

[Bobsmyth]

They can ask for transcript regardless of what type of application you have. Typically, continuous residency break, failure to pay income taxes and proof of marital union are all flags that will trigger IO to ask for tax transcripts.

 

[baikal3]

I've always filed and paid my taxes in the past. However, due to economic hardship and loss of income in the last 10 months, I am behind on my 2008 taxes that I am unable to pay at the moment. I have not filed my 2008 return but intend to file it by October 15, and pay whatever I can at that time.

My citizenship interview is coming up next month. Now my question is, do they specifically ask for tax returns for non-marriage based applications? If so, will my application be denied because I owe and am currently unable to pay all taxes?

They don't generally ask for copies of tax returns at the interview unless it is a 3-year marriage rule case or if there is an issue with verifying continuous residency in case there was a trip abroad longer than 6 months.

However, you still have a problem. Question A5 in part 10 of N-400 specifically asks: "Do you owe any federal, state or local taxes that are overdue?"

At the time of the interview the IO will go over every question in N-400 with you and ask you for updates for the answers you'd given in N-400 originally.
Even if you filed your N-400 before April 15 (in which case it would have been OK for you to answer "No" to Question A5), it looks like at the moment you do owe overdue taxes and at the time of the interview you'd have to change the answer to Question A5 to "Yes" and explain to the IO why. It is likely that this will delay approval of your application and that the IO will want to see proof that you have paid all the taxes due for 2008 before approving your application. Moreover, if you filed N-400 after April 15 but answered "No" to Question A5 in it, you'll have additional explaining to do and possible problems with showing good moral character etc.

I think it'd be very advisable for you to file the federal tax return before your interview and pay all the taxes and penalties owed before then.

 

[brahmachari99]

They don't generally ask for copies of tax returns at the interview unless it is a 3-year marriage rule case or if there is an issue with verifying continuous residency in case there was a trip abroad longer than 6 months.

However, you still have a problem. Question A5 in part 10 of N-400 specifically asks: "Do you owe any federal, state or local taxes that are overdue?"

At the time of the interview the IO will go over every question in N-400 with you and ask you for updates for the answers you'd given in N-400 originally.
Even if you filed your N-400 before April 15 (in which case it would have been OK for you to answer "No" to Question A5), it looks like at the moment you do owe overdue taxes and at the time of the interview you'd have to change the answer to Question A5 to "Yes" and explain to the IO why. It is likely that this will delay approval of your application and that the IO will want to see proof that you have paid all the taxes due for 2008 before approving your application. Moreover, if you filed N-400 after April 15 but answered "No" to Question A5 in it, you'll have additional explaining to do and possible problems with showing good moral character etc.

I think it'd be very advisable for you to file the federal tax return before your interview and pay all the taxes and penalties owed before then.

Baikal3, advice noted and very much appreciated. Seems like I'll have to take out a credit card loan to pay my taxes.

As for N-400 Question A5, I answered No at the time, even though I sent my application after April 15. The reason is that I didn't know my tax liability then (as I had been paying quite a bit Estimated taxes throughout 2008), but it now turns out I do still owe more taxes. Moreover, I had filed for an extension, but it was just recently denied because it missed the filing deadline by a day or two.

 

[baikal3]

Baikal3, advice noted and very much appreciated. Seems like I'll have to take out a credit card loan to pay my taxes.

As for N-400 Question A5, I answered No at the time, even though I sent my application after April 15. The reason is that I didn't know my tax liability then (as I had been paying quite a bit Estimated taxes throughout 2008), but it now turns out I do still owe more taxes. Moreover, I had filed for an extension, but it was just recently denied because it missed the filing deadline by a day or two.

In that case it sounds like the answer "No" to Question A5 may have indeed been justified at the time you submitted N-400, especially since you filed for an extension.

One more suggestion. If you do file a tax return and pay the taxes due before the interview, I would recommend that after that you also get from IRS a tax transcript and a tax account transcript for the 2008 return. A tax transcript shows most items from 1040 and a tax account transcipts shows the payments that you made and the balance still owed (hopefully zero). You can request these from IRS by using their toll-free number or, if you'll be pressed for time, you can get them by visiting a local IRS office in person.

 

[absrao]

Not to alarm OP, but USCIS folks may be requesting information from agencies that pertain to the question on N400. For example, USCIS may request information from IRS to make sure your answer to tax question (nothing to do with marriage based or 5 year) on N400 is appropriate.

 

[WBH]

Not to alarm OP, but USCIS folks may be requesting information from agencies that pertain to the question on N400. For example, USCIS may request information from IRS to make sure your answer to tax question (nothing to do with marriage based or 5 year) on N400 is appropriate.

I am not sure if IRS can provide tax details to another organization without our consent. That is why USCIS request documents from applicants rather than
directly go to other origanization. Either they can not do it or the cost of doing it is too great.

 

[Al Southner]

be unfront..and settle this matter.

I am not sure if IRS can provide tax details to another organization without our consent. That is why USCIS request documents from applicants rather than
directly go to other origanization. Either they can not do it or the cost of doing it is too great.

WBH,

You are misinformed and let me help you out. Please read the fine print of all immigration applications, you grant them full consent to conduct investigation for the purposes of adjudicating you application. In the US govt eyes, this extend to each and every agency that they need to consult to make a decision your case. You sense of privacy on these issues is almost non-existent because how can they adjudicate your petition without having proper authority to do a thorough investigation? Has the FBI ever called you to request a permission to investigate your during background check? At all times, you clear the investigation without lifting a finger to grant permission. When USCIS asks you tax related information, they can just request your information from IRS, especially when you owe taxes and this was uncovered during routine investigation, just to see if you are a liar and to have grounds to deny citizenship.

To the OP, just be upfront and if means taking a loan to settle your taxes, so let it be. However, as a person who cares about each and every person on this discussion board, especially people with legitimate cases, just be upfront because it will help your cause more than damage it. For example, let say that you pay your taxes on Sept 1, 2009 and you interview is Sept 15, 20009The fact of the matter is that you don't owe any taxes, regardless of negative impression the IO might have about your case, but the objective fact is that you don't owe taxes. The law is simple, do you own the taxes or not? If you paid them yesterday and you are asked today, you don't. Taxes are required for all N400 applications, because taxes and death are the only certainties in this world.. Good luck...

 

[absrao]

I am not sure if IRS can provide tax details to another organization without our consent. That is why USCIS request documents from applicants rather than
directly go to other origanization. Either they can not do it or the cost of doing it is too great.

I initially thought same way - why ask all sorts of information on N400 if they can just get it. But I believe, they do it that way for many reasons. In one of these forums, a guy reported that USCIS had his wife marriage certificate from another state on file (a result of identify theft). In many other cases, USCIS has proof of crime (court records, police records etc) with them but still ask questions on N400. IO asked me repeatedly if I owe IRS any taxes. After the interview I realized that IRS sent me letter that I owe them (2 years back) which I paid. May be he was fishing or he has certain knowledge about it. Regardless, they seem to have information handy, yet ask questions on N400 - possibly to cover all scenarios.

 

[tsc123102]

If on the interview letter, they only ask you to bring DL, GC, two photos with original IL. Do you still need to bring tax transcript for employment based 5 year GC holders?

 

[WBH]

In one of these forums.

I am not sure if these stories are real. They may not inentially made up but could be just caused by misunderstanding. Remmeber here someone
reported her husband was read Miranda rights during interview.

In many other cases, USCIS has proof of crime (court records, police records etc) .

They could just be one easily provided by FBI name check results
or even documents provided by the applicant before in GC process rather
than USCIS spend extra efforts to go to all individual courts to get them.

 

[Al Southner]

If on the interview letter, they only ask you to bring DL, GC, two photos with original IL. Do you still need to bring tax transcript for employment based 5 year GC holders?

Nope, there was a ruling from USCIS about 2 yrs, mayble longer in which we no longer needed to send tax returns for 3 or 5, but needed to provide a single filing in the last 3 or 5 years. USCIS request a whole lot of documentation from people, but they can't possiblity have time to review each or all of it.

 

[absrao]

I am not sure if these stories are real. They may not inentially made up but could be just caused by misunderstanding. Remmeber here someone
reported her husband was read Miranda rights during interview.



They could just be one easily provided by FBI name check results
or even documents provided by the applicant before in GC process rather
than USCIS spend extra efforts to go to all individual courts to get them.

May be. But in my case, I was asked atleast 3 times about if I owe any taxes to IRS. Could be coincidence that I did owe (but paid) taxes 2 years back.

 

[WBH]

May be. But in my case, I was asked atleast 3 times about if I owe any taxes to IRS. Could be coincidence that I did owe (but paid) taxes 2 years back.

Maybe you actually answered Yes on N-400 to that "if you owe any tax" question

 

[trrajesh]

You will be breaking the law...

If you don't disclose this during the interview, regardless of whether you are asked or not. By the way did you file for an extension? If you haven't, then your best bet is to work with IRS on a payment plan. I know someone who was behind in taxes and got the citizenship by proving that he was on a payment plan..
By the way regardless of citizenship or not, if you don't file an extension you may be in for trouble with IRS. IRS doesn't take missing tax filing lightly.

 

[NoInterviewDate]

My application was non marriage based, but I was still asked specifically if I owed any taxes.
I would get it paid asap however you can.

 

[WhichWay2Go]

specifically asks: "Do you owe any federal, state or local taxes that are overdue?"

If the OP lodged a request for filing extension (IRS form 4868) before April 15th this year, then they are not yet overdue.

OP: Regardless of the N-400, I suggest you lodge your 2008 return now and ask the IRS for a payment plan. Call their 800 number.

 

[Jackolantern]

I initially thought same way - why ask all sorts of information on N400 if they can just get it.

Because it's faster and cheaper to get it from the applicant, and do verification with the agencies only for the 5% or 10% (or whatever) of cases where they suspect the applicant's information may be false or incomplete. If they verified 100% of the information with other agencies for 100% of the applicants, the N-400 fee would probably have to be over $2000.