N-400 withdrawal - impact

A

amann

Registered Users (C)
Hi,

I mailed the N-400 application a few days ago...have not received the notice number yet...I am not happy with the way I answered one of the questions...basically added an addendum...which I now feel was unnecessary...and have also consulted a good attorney who believes the same...

If I now withdraw the N-400 (after getting the Notice #) and file a new N-400without the addendum....will that raise flags with the USCIS...

When you file a new N-400 after withdrawing the previous one..does the USCIS compare the two files...and see what is different....and can they make an issue of this during the interview....especially my response to a particular question....

Your inputs would be highly appreciated...

Thanks.
 
If you withdraw you are going to loose your filing fees for sure. I am also not sure if they would compare the two applications but who knows.
 
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amann said:
Hi,

I mailed the N-400 application a few days ago...have not received the notice number yet...I am not happy with the way I answered one of the questions...basically added an addendum...which I now feel was unnecessary...and have also consulted a good attorney who believes the same...

If I now withdraw the N-400 (after getting the Notice #) and file a new N-400without the addendum....will that raise flags with the USCIS...

When you file a new N-400 after withdrawing the previous one..does the USCIS compare the two files...and see what is different....and can they make an issue of this during the interview....especially my response to a particular question....

Your inputs would be highly appreciated...

Thanks.
Click to expand...

Has your check been cashed yet? If not you can put a stop order in it and get your application rejected.
Also, what was the question you don't feel good about addendum you added?
 
Losing the filing fee is not the issue at this point...my main concern is if they compare the two applications and ask questions based on that during the interview.....both applications are accurate...but I provided extra information in the first application which I need not have provided...and now I may need to give a lot of explanation during the interview which I want to avoid....hence, thinking of filing a new application...

Thanks.
 
Check has not been cashed yet...If I put a stop order on the check, the application will get rejected....but they will still have my old application...

The question to which I added an addedndum was in 10.A.4...."Have you ever failed to file a federal, state or local tax return'...I answered 'No' but also wrote "Please see addendum"...the issue was the S-corporation that I have was late in filing the corporate state returns due to a CPA oversight...

As per this board and after speaking with a good attorney , corporate returns filing is not required to be mentioned in the N-400...it is still a gray area....but I would be better off not mentioning it in an addendum...

Now, with the addendum, in the interview, they might ask a lot of questions which I prefer to avoid...although I have the documents to prove that the returns have been filed and penalty/interest has been paid...I prefer not going there....and keep the application / interview simple....

Thanks.
 
amann said:
Check has not been cashed yet...If I put a stop order on the check, the application will get rejected....but they will still have my old application...

The question to which I added an addedndum was in 10.A.4...."Have you ever failed to file a federal, state or local tax return'...I answered 'No' but also wrote "Please see addendum"...the issue was the S-corporation that I have was late in filing the corporate state returns due to a CPA oversight...

As per this board and after speaking with a good attorney , corporate returns filing is not required to be mentioned in the N-400...it is still a gray area....but I would be better off not mentioning it in an addendum...

Now, with the addendum, in the interview, they might ask a lot of questions which I prefer to avoid...although I have the documents to prove that the returns have been filed and penalty/interest has been paid...I prefer not going there....and keep the application / interview simple....

Thanks.
Click to expand...
I don't know what to tell you. You asked the forum about this and were advised accordingly. My suggestion to you is just let your appication get processed and be prepared to answer the IO if it does raise a flag.
 
If the application gets rejected due to insufficient payment I believe it will either be sent back or it you will receive a letter requesting payment. In either case the application will likely not be receipted and never enter their system. Even if they ask you at the interview if you applied before, your response would be yes of course, but that your application was either rejected or that you withdrew it due to a clerical error. I don't think they would consolidate your previously rejected application with the new one or further question you on it.
Did your lawyer indicate how the addendum that you added would cause any issues? From what you wrote, I don't see why it would raise any red flags. Avoiding to pay income taxes is one thing, filing late and paying a fine is another.
 
The IO's dont always ask to see the tax transcripts because they have it on file before the interview...In my case, I provided information about the business which I was not supposed to...Yes...I did make it overly complicated...but now would want to make it much simpler...hence, am looking at the option of withdrawing the original N-400 and going with a clean new one....

Just want to ensure that they dont compare the two applications..else, I end up being back to square one...

Thanks.
 
Don't put a stop payment on the check. Once they attempt to cash it, they will account for the money as being theirs, and will demand that you pay up anyway (plus a possible penalty).
 
The N-400 interview will provide you with an opportunity to update/amend/correct your N-400. Why not just wait for the interview?

amann said:
If I now withdraw the N-400 (after getting the Notice #) and file a new N-400without the addendum....will that raise flags with the USCIS...
Click to expand...
 
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Jackolantern said:
Don't put a stop payment on the check. Once they attempt to cash it, they will account for the money as being theirs, and will demand that you pay up anyway (plus a possible penalty).
Click to expand...

How is this different from insufficient funds on your account and them rejecting your application as was done with some of the cases last year with the summer backlogs? I would think they would reject your application if your check either bounces or has a stop payment instead of spending additional resources trying to recover it. My understanding is that if the EFT (Electronic Fund Transfer) can't complete , either to insufficient funds or a stop payment the application is rejected.
 
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Your best course of action is to do nothing, wait for interview and deal with the outcome them. You are not going to be denied for late tax filing because you already fixed that problem.

Having said that, I see no reason why you'd take any of our advice now when you obviously didn't listen to any of our responses after your previous inquiries.
 
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Hi Boatbod,

I do take advice from this forum very seriously....I just wanted to play it very safe then...now I will wait for the interview and see the outcome...also, my check got cashed yesterday...

Thanks.
 
Bobsmyth said:
How is this different from insufficient funds on your account and them rejecting your application as was done with some of the cases last year with the summer backlogs?
Click to expand...
The only difference is what USCIS chooses to do with it. It is their choice whether to pursue the money or drop the application and forget about it.

The purpose of a stop payment is to prevent unauthorized people from cashing the check, not to claw it back from the person or organization to whom it was legitimately written and delivered. If the designated recipient of the check complains to the authorities, you could face civil fines or criminal penalties for writing bad checks, including jail time in some states. See http://www.ckfraud.org/penalties.html.
 
Thanks Jackolantern,

There was no way I was going to make a stop payment on the check...Also, the check has been cashed now...I appreciate your inputs on this...

Thanks.
 
amann
i don't see what the problem is. this issue will be brought up during interview, and you'll get your chance to explain the situation. but i think that is the worse that could happen.
relax...it's done. wait for your interview. and good luck to you
 
Thanks Vlorak,

I am a bit jittery about this one....would have liked if my application was spotless clean...due to the CPA's oversight, I am in a situation which has caused me undue stress...

But, thanks again for the reassurance...I will just hang in there now....

Regards,

Amann
 
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