Naturalization and tax returns

budgie

New Member
Hello all!

I have a little problem and would need some help.

I am about to apply for the citizenship based on marriage to a U.S. citizen and we are very excited. What bothers me is the question in N-400 "if I ever failed to file a REQUIRED tax return." The first year of my residency, we did not file a return because our joint income was 0$, so we basically were not required to file (or so we thought). We used DCF procedure for my immigration as my husband lived in my home country for quite some time and had a joint sponsor. That was in 2008.

We filed taxes properly for 2009, 2010, and 2011. We are even paying an estimated tax in 2012 because I am self-employed. So, should I answer that question with a "no"? I do not think I failed to file, but I truly believe I was not required to file with 0$ income.

Is it really true that LPRs MUST file a return even if there is no income? My husband is convinced that we were not required to file.

Any insights?
 
Hello all!

I have a little problem and would need some help.

I am about to apply for the citizenship based on marriage to a U.S. citizen and we are very excited. What bothers me is the question in N-400 "if I ever failed to file a REQUIRED tax return." The first year of my residency, we did not file a return because our joint income was 0$, so we basically were not required to file (or so we thought). We used DCF procedure for my immigration as my husband lived in my home country for quite some time and had a joint sponsor. That was in 2008.

We filed taxes properly for 2009, 2010, and 2011. We are even paying an estimated tax in 2012 because I am self-employed. So, should I answer that question with a "no"? I do not think I failed to file, but I truly believe I was not required to file with 0$ income.

Is it really true that LPRs MUST file a return even if there is no income? My husband is convinced that we were not required to file.

Any insights?

"Failed to file a required tax return" means: were required to file but did not file. You did not fail to file a required tax return, so the correct answer to that N-400 question is "No".
 
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