Filing taxes as non-resident

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maheshgajanan

Registered Users (C)
On the N-400 there is a question that asks whether the applicant has filed taxes as a non-resident. I am going to answer "yes" to it because a few times I did file non-resident state taxes. That is because I was resident only part time in one state and moved to another state in that year. But never filed non-resident federal taxes.
1. I am wondering whether I should even be answering "yes" because it does not say whether state or federal taxes.

2. If I answer "yes", do I attach an explanation?

Mahesh
 
maheshgajanan said:
On the N-400 there is a question that asks whether the applicant has filed taxes as a non-resident. I am going to answer "yes" to it because a few times I did file non-resident state taxes. That is because I was resident only part time in one state and moved to another state in that year. But never filed non-resident federal taxes.
1. I am wondering whether I should even be answering "yes" because it does not say whether state or federal taxes.

2. If I answer "yes", do I attach an explanation?

Mahesh
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I believe they are refering to federal taxes.
 
PD is right. Did you file taxes as a US Resident or not. CIS does not care for state tax returns as long as you dont owe anyone any $
 
Rahul Kumar said:
PD is right. Did you file taxes as a US Resident or not. CIS does not care for state tax returns as long as you dont owe anyone any $
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No, I am been filing every single year since coming to the US. So no issue on that or owing any govt entity any money. So just say "no" or say "yes" and explain it is for state taxes only?
 
maheshgajanan said:
No, I am been filing every single year since coming to the US. So no issue on that or owing any govt entity any money. So just say "no" or say "yes" and explain it is for state taxes only?
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whether you are on F1, H1, or whatever visa, if you worked with authorization, you must have filed taxes. You should submit proof of all these filings to the USCIS. If you filed as a non-resident, you still have to show documentation on having cleared out all your transactions with the IRS, having filed from whichever state you worked in.
Even if a F1 student works on campus making earning money, he/she has to file taxes, even though treaties with their home countries allow for total reimbursement to the student at the end of it all. Point is, as everyone mentioned it, you shouldn not have any pending transactions with the IRS in terms of monies owed. Ususally, from what I've heard, the IRS does not make a big stink about it as long as they owe you, and not you owing them .. in any case for immigration purposes, just clear it out and show proof.
 
dimmsimm said:
whether you are on F1, H1, or whatever visa, if you worked with authorization, you must have filed taxes. You should submit proof of all these filings to the USCIS.
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No, you dont have to. But you can ask for get transcripts from IRS, which you can take with you for your interview.

Bottomline, you need to send photos, copy of GC and copy of your passport and that's it. Only if you answered yes to those questions, you need to give an explanation with proof.

If you don't submit these, you will get an exception letter. Also, when you get your interview letter, the documents you need to take will be listed.
 
phillydude said:
No, you dont have to. But you can ask for get transcripts from IRS, which you can take with you for your interview.

Bottomline, you need to send photos, copy of GC and copy of your passport and that's it. Only if you answered yes to those questions, you need to give an explanation with proof.

If you don't submit these, you will get an exception letter. Also, when you get your interview letter, the documents you need to take will be listed.
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If you filed taxes as stated in that question, you ofcourse have to say 'yes' .. otherwise you would be lying to the USCIS ..
Although the USCIS does not come down heavily on tax documentation, and it may not be listed in what to bring, they MAY ask for them if a question about residency, etc comes up in the officer's mind. To be on the safe side .. I'd recommend taking the tax documentation of all your filings.
 
They just want to know if you filed a 1040NR or 1040NR-EZ since becoming a PR. Just mention the answer to this
 
phillydude said:
No, you dont have to. But you can ask for get transcripts from IRS, which you can take with you for your interview.

Bottomline, you need to send photos, copy of GC and copy of your passport and that's it. Only if you answered yes to those questions, you need to give an explanation with proof.

If you don't submit these, you will get an exception letter. Also, when you get your interview letter, the documents you need to take will be listed.
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If they send an exception letter, would that delay processing i.e they will wait to get that from me before processing further? Or that is something I need ro keep ready for interview time?

Mahesh
 
maheshgajanan said:
If they send an exception letter, would that delay processing i.e they will wait to get that from me before processing further? Or that is something I need ro keep ready for interview time?

Mahesh
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It will not delay your processing. You will be asked to bring these documents for your interview.
 
The answer is No

The question just wants to know if as a Permanent Resident you filled your taxes as a non-resident, i.e that you do not live in the US and file your taxes in another country. So your answer really should be NO i.e. if you live in the US as a permanent resident and filled as a LPR!

Usually most mistakes on the N-400 are corrected by the AO at the interview, so don't sweat it. They know that people sometimes misunderstand the way the questions are asked.

An example, during my oath, a guy who could hardly speak english from Madona was asked if he had changed his mind since the interview, and if he was still willing to bear arms, He said "Yes" he had changed his mind and "No" he would not bear arms or perform noncombatant service when required by law. :). He was then asked if he had joined any organization, the communist party, to which he replied "Yes". The woman knew the guy didn't know what the heck he was talking about and choose the correct answer for him, so that he could take the oath of allegiance. Kinda stupid, considering this guy could in the future say he never intended to take the oath to become a US citizen.
 
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The non-resident question

Thanks soul_fh. The question reads "Have you EVER called yourself a ''nonresident'' on a Federal, state, or local tax return?"

I can see the other interpretation of the question that you have suggested.

I did file a state NR (non resident) form because I had moved to another state. Does that amount to calling myself a non-resident? I guess it does but was I really non-resident in the US, no.

So, I have replied "yes" but I am attaching an explanation for that answer on a seperate sheet. I will carry my tax paperwork for the interview just in case they have a question.

Thought? Comments?

Mahesh
 
No Problem

You're welcome, like Phillydude said it only refers to federal taxes. So don't consider your state taxes in answering this question.
 
I would call INS and ask them.
I did not file tax return at all, because I only made $3000 since I came to the states. So, I called the INS, and asked the question. They said I don't have to worry about it.

So, basically, call them, and ask them how you should answer.
 
Required by law

I'm not sure who gave you that information. Under US law you are required to file taxes whether you made $1.00 or $10 million, so you need to go back to them to clarify this information or contact an immigration attorney.
 
Soul_fh said:
I'm not sure who gave you that information. Under US law you are required to file taxes whether you made $1.00 or $10 million, so you need to go back to them to clarify this information or contact an immigration attorney.
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Well, that's not true. Of course, filing tax is always good, and I don't doubt that. However, if your income is below the total of the standard deduction and personal deduction, you don't have to report. It's about $5,000 or something. I talked about this issue to my tax law professor, who was a former IRS attorney and adjudication officer. Even he said, it won't be a problem.
 
They want to know whether you left the US and claimed not to be a US resident for tax purposes.

I don't think they care if you filed your NY taxes as non-resident bc you lived in NJ.
 
Right

Well guys you're right, having said that, it's a very good idea to always file taxes, expecially for immigration purposes. During my interview, I had to educate the AO about something, which she checked and found I was right, so dont assume they know it all.
 
number?

boldlygo said:
I would call INS and ask them.
I did not file tax return at all, because I only made $3000 since I came to the states. So, I called the INS, and asked the question. They said I don't have to worry about it.

So, basically, call them, and ask them how you should answer.
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Boldlygo, thanks!
what is the # that I should call?
 
Well, you can call national customer service.

You can also talk to the tax attorney regarding the matter.
 
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