N400 problems

N

nofear99

Registered Users (C)
I was interviewed in October this year
At the interview the officer told me that I’m married living separately from my wife and filed my income taxes as single and that I have to file amendments and mail them.
I never noticed this error; it was my accountant who made this mistake.
I mailed the copies of filed amendments 3 weeks ago but I still did not get an answer from USCIS.


My questions are:
Can my N-400 be denied for this error?
How long should I wait for a decision before I take any action?

Also at the interview I had copies of my tax returns 3 years back and the officer asked for transcripts 6 years back (2000 -2005). As far as I know this is non standard procedure, I’m an IR6 resident for 5 years and only 3 years transcripts should be required not 6

Any comments?

Thank you
 
The statute is very specific in identifying precisely when a naturalization applicant can ask the district court to intervene and decide the case due to agency delay: when the agency fails to make a decision on the application within 120 days after the examination. 8 U.S.C. § 1447(b).3 The examination referred to is the initial interview scheduled under 8 U.S.C. § 1446(a). See also 8 C.F.R. § 335.2.

This board is amazing I can actually find answers
 
nofear99 said:
I was interviewed in October this year
At the interview the officer told me that I’m married living separately from my wife and filed my income taxes as single and that I have to file amendments and mail them.
I never noticed this error; it was my accountant who made this mistake.
I mailed the copies of filed amendments 3 weeks ago but I still did not get an answer from USCIS.


My questions are:
Can my N-400 be denied for this error?
How long should I wait for a decision before I take any action?

Also at the interview I had copies of my tax returns 3 years back and the officer asked for transcripts 6 years back (2000 -2005). As far as I know this is non standard procedure, I’m an IR6 resident for 5 years and only 3 years transcripts should be required not 6

Any comments?

Thank you
Click to expand...


Was your application based on a marriage to a US citizen? Did you file as a single person or "married filing separately"? If you did file under the single category and then amended your tax returns, you must also be getting a reasonable size deduction in taxes. You probably should thank the IO ;)
 
feuerfrei said:
Was your application based on a marriage to a US citizen? Did you file as a single person or "married filing separately"? If you did file under the single category and then amended your tax returns, you must also be getting a reasonable size deduction in taxes. You probably should thank the IO ;)
Click to expand...

My GC was based on marriage but not my N-400. I filed my N-400 after 5 years of residency
after I amanded my tax returns I owed something like $200 a year
 
nofear99 said:
My GC was based on marriage but not my N-400. I filed my N-400 after 5 years of residency
after I amanded my tax returns I owed something like $200 a year
Click to expand...

Well, as long as you got your GC by marriage, I see why the IO would like to verify that the marriage was a real one -- even if you are using the 5 year rule.

However, I am surprised that filing single would give you a tax benefit -- I remember that I saved thousands when I got married. But then, this might depend on the distribution of income between you and your spouse.

Accountants are notorious for making false claims, since they have no liability if IRS investigates the tax return. One of my friends had to refile to be on the safe side after he figured out that the accountant was making all kinds of business expense claims to lower the taxes.
 
feuerfrei said:
Well, as long as you got your GC by marriage, I see why the IO would like to verify that the marriage was a real one -- even if you are using the 5 year rule.

However, I am surprised that filing single would give you a tax benefit -- I remember that I saved thousands when I got married. But then, this might depend on the distribution of income between you and your spouse.

Accountants are notorious for making false claims, since they have no liability if IRS investigates the tax return. One of my friends had to refile to be on the safe side after he figured out that the accountant was making all kinds of business expense claims to lower the taxes.
Click to expand...

My accountants made mistakes too
I recently after I filed the amendments find another mistake
Now I don't know if I should file another amendment or wait for the USCIS decision on my N-400
Can my N-400 be denied for these mistakes?
 
nofear99 said:
My accountants made mistakes too
I recently after I filed the amendments find another mistake
Now I don't know if I should file another amendment or wait for the USCIS decision on my N-400
Can my N-400 be denied for these mistakes?
Click to expand...

Since he asked for amended returns and you did provide them, I think that things will work out. The main item that he was interested in was that you had filed under the "single" category and you fixed that. So, even if there are mistakes in the form, it is something between you and IRS -- I dont think that the USCIS guys will be very interested in that (unless by some misfortune IRS decides to sue you for tax fraud -- they dont do this unless the amount involved is reasonably large).

As long as the legitimacy of your marriage is not in question and there are no other elements in your file that can bring up other questions, I dont think you will have any problem. You just need to be patient and let this work out over the next few weeks -- if you dont receive a timely reply, you can always get an infopass etc -- hopefully that wont be necessary.

Next time, use turbo tax -- it takes me 3-4 hours to do mine and our taxes are reasonably complicated with investments, mortgages, dual incomes etc. If you are uncomfortable, you can still get it reviewed by the accountant.
 
N400 pending

I called the 800 number but somehow they changed the voice prompts and there is no way to reach a live rep.
now my case is still pending and I can't find out the status on line because the case is stuck at the local office

I guess my only option is to wait until the 120 dayis is gone and then ??
 
nofear99 said:
I called the 800 number but somehow they changed the voice prompts and there is no way to reach a live rep.
now my case is still pending and I can't find out the status on line because the case is stuck at the local office

I guess my only option is to wait until the 120 dayis is gone and then ??
Click to expand...

Today is a federal holiday (veterans day) you should be able to talk to an IIO on Monday.
 
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