N-400 Applications Part 7 (C)

[munnabhai1]

Question - Provide every trip you have taken outside of US since becoming LPR.
I first entered US on 12/31/2002 (Lottery winner) and left after 2 weeks and I did not apply to Re-entry permit. I was hoping to come back within 6 months once my daughter has finished the school year and sell our house. We could not sell our house and finally decide to pack out bag and make the move for US in Aug 2004. and Since then we have only been out of country for about 5 times the longest stay for about 30 days.

Also I did not file for tax return for 2002 and 2003 as I was not in country.

Have I jepordize my citizenship application and If I take the chance can I be deported as I was out the country for more then 18 months without Re-entry permit

 

[Jackolantern]

Also I did not file for tax return for 2002 and 2003 as I was not in country.

It doesn't matter whether your inside or outside the US, green card holders are supposed to file US tax returns and report total worldwide income. You usually will not be taxed on worldwide income, due the available tax credits and treaties, but you still have to file a tax return with worldwide income unless your income is below the required threshold.

Have I jepordize my citizenship application and If I take the chance can I be deported as I was out the country for more then 18 months without Re-entry permit

As long as you didn't lie to an immigration officer to reenter the US at the end of that 18 month trip, at this point in time they almost surely won't give you trouble for it.

 

[munnabhai1]

So am I in trouble for not filing tax returns and being out of country for 18 months, what should I do?

 

[munnabhai1]

No I did not lie to immigration officer when I return to US, I remember that he did not ask me any questions.

 

[javacafe]

So am I in trouble for not filing tax returns and being out of country for 18 months, what should I do?

It may still possible for you to file those tax returns late. You will likely be assessed penalty for the non filing/late filing, but it can be done. In 2008, when my wife decided to send her N-400 to USCIS, we had filed extensions, but not the final tax returns, for the preceding five years in a row! But, just before mailing the N-400, in early 2008, we caught up. For the most part, we got money back, even after the penalties. (After a certain number of years, the IRS will not give you refunds; but if you owe them money, you must pay it to them, along with penalties.) For the tax return for the years 2003 through 2005, we enlisted the help of H&R Block to prepare our taxes; we wouldn't even be able to get the tax forms for those years without their help. For the years 2007 and 2008, I prepared our returns.

When my wife sent in the N-400, she explained the situation in detail in an attached note, and enclosed copies of tax transcripts for all those years. Within about 90 days of filing, my wife went through a pretty smooth interview. And, a few weeks later, she was naturalized.

I sent in my N-400 on February 15 of this year. And, I too included the tax transcripts for 2003 through 2009. While I cannot tell you what the outcome of my interview will be, I have an interview scheduled for later this month, 72 days from the date of my mailing the N-400.

Hope this helps.

Statutory warning: I not a lawyer. What I write on these forums should not be construed as professional legal advice.

 

[Jackolantern]

So am I in trouble for not filing tax returns and being out of country for 18 months, what should I do?

Find out if you earned enough money in those years to be required to file, if yes you should file the returns (with payment) before applying for naturalization.

 

[munnabhai1]

I filed my tax returns in UK for those years (2002 and 2003) and have filed taxes for every year since 2004 in US, my GC expires end of next years so the advice is file US tax returns for those 2 years and then apply for citizenship, But I am worried about the time out of country with RE permit.

 

[munnabhai1]

without RE permit