Naturalization not possible with back taxes?

[USImmigrator]

I just went to my interview and thought I'd share this.

I owe some back taxes, and I explained this on my N400. I included a letter of explanation

Before my interview, I got a letter saying "bring the status of your accounts with the IRS" which I did.

When I got to the interview, the officer asked me what was going on with the taxes, and I explained that I owed some. He sucked air in through his teeth when I told him how much.

He also said I had to pay off all my back taxes in full in a month to proceed with my application.

Is this typical, or am I special here?

I would love to have been told 6 months ago when I applied that I would have to pay all my back taxes, rather than getting onto the final straight and then finding out.

 

[janette]

i think you are special, because most of us get everything done, 100% perfect before sending N400 out.. take a credit card or ..whatever and pay it .

 

[Jackolantern]

It's not necessary to pay all your back taxes. But if you have any overdue taxes it is necessary to make an agreement with the IRS to pay the taxes in installments, and you must show proof of the agreement and that you've been making the payments.

 

[rlionheart]

did you have an Installment Agreement with IRS when you went to the interview?

I just went to my interview and thought I'd share this.

I owe some back taxes, and I explained this on my N400. I included a letter of explanation

Before my interview, I got a letter saying "bring the status of your accounts with the IRS" which I did.

When I got to the interview, the officer asked me what was going on with the taxes, and I explained that I owed some. He sucked air in through his teeth when I told him how much.

He also said I had to pay off all my back taxes in full in a month to proceed with my application.

Is this typical, or am I special here?

I would love to have been told 6 months ago when I applied that I would have to pay all my back taxes, rather than getting onto the final straight and then finding out.

Did you have an Installment Agreement with IRS when you went to the interview? The instructions of the form asks that you haver a signed agreement from the IRS and that you are paying your taxes. You did not say whether you have an agreement. Please let us know.

 

[USImmigrator]

Did you have an Installment Agreement with IRS when you went to the interview?

I had an installation agreement at the time of sending the N400.
I sent a copy with the form.

I had the installation agreement at the time of the interview.

But the officer didn't even ask to see it, he just whistled and said that I needed to take care of it. From the IRS perspective, I was taking care of it. By installment.

So it is possible to become a citizen with an installment payment agreement? Was I singled out for some reason - maybe my suit was too nice looking.

 

[Dedo]

If you had the installment plan and agreement with you, why didnt you show it? I am not sure why you would withhold that information

 

[USImmigrator]

i think you are special, because most of us get everything done, 100% perfect before sending N400 out.. take a credit card or ..whatever and pay it .

Thanks for you compassion Janette! It's tempting to say that taking on unsecured credit card debt would make me a true American! (joking)

Interestingly, the interviewer told me of another person he interviewed who owed $1.5m in back taxes due to an accounting error, and that the candidate was given two months to pay it off in order to become a citizen. So I'm wondering if my interviewer just has a special "must pay back taxes to become citizen" directive that others dont.

 

[USImmigrator]

It's not necessary to pay all your back taxes. But if you have any overdue taxes it is necessary to make an agreement with the IRS to pay the taxes in installments, and you must show proof of the agreement and that you've been making the payments.

Thanks Jacko - I had an agreement and had been diligently paying the installments, and had proof of both. The interviewer just didn't ask for either (I'd sent in the installation agreement with my N400 too)

 

[USImmigrator]

If you had the installment plan and agreement with you, why didnt you show it? I am not sure why you would withhold that information

Good point. I didn't show it as he never asked. I was nervous.

I had already sent the installation agreement with the N400, so I assumed (maybe this was my mistake) that he'd seen it. I also had two large folders of documentation that I'd been asked to bring, and he never asked to see any of that either - marriage licenses, birth certificates etc.

I'll write up the dialog when I get a break from work later and post it.

 

[Jackolantern]

Good point. I didn't show it as he never asked. I was nervous.

That's the problem. You would have (at least should have) been OK if you showed it. When you're harassed about something in the interview, you need to be proactive about showing documents to defend yourself. Don't assume they actually read everything you sent with the application.

Now you either need to send a letter explaining your arrangement with the IRS along with proof of making the payments, or pay the back taxes by whatever legal means are available to you. If you have good credit you might be able to get an unsecured loan for several thousand dollars.

 

[rlionheart]

So it is possible to become a citizen with an installment payment agreement? Was I singled out for some reason - maybe my suit was too nice looking.

To be frank, judging by what happens in different cases, if you have anything that takes away being 100% perfect in your N-400 you will be at the mercy of the officer. So on top of the issues he could create during the interview, this would just add to it even if you have an installment. Although it should be fine according to the law, they can also use their discretion and if he thinks you will never pay your taxes he can say that you must pay before anything. So, I would recommend you pay. What is going to happen in 1 month? did he say you will have another interview? how was the rest of the interview? he could have said that but still send you for the oath.