Post Naturalization Interview & WR-822-Need advice

A

Asorock

Registered Users (C)
Entered the US legally on a student visa in 1981. Basis of my GC is marriage to a USC. Marriage lasted for 5 years (2001-2006). Got GC in 2002, Condition removed in 2004. Worked for 7 years straight and filed tax returns every year. 2000-2007(I have never failed to file taxes when applicable). Due to severe recession have been unemployed since the end of 2007. Never collected unemployment or Government assistance.I have never committed a crime or been lawless(just 1 speeding ticket in Boston, in 1993)

My family (who is well off, financially) and friends have been able to support me. At AO's request during my Naturalization interview, I have submitted 2 affidavits of support from my brother, a medical doctor in Canada and from a close friend in Los Angeles, as well bank statement showing bank transfers from my family abroad and friends, and bank transfers to my landlord in Los Angeles, while I was pursuing business opportunities abroad.

Also,due to the severe recession,to stay productive,with the help of my family, was able to start developing , business opportunities, as a US based consultant, between US companies and companies abroad (I also submitted evidence to this fact). I met all continuous and physical presence requirements while doing this.

I had my Naturalization interview and test on Sep 22, 2009 (I passed the English/Civics portion with flying colors). AO asked me to hand deliver (to his receptionist) the following documents he wrote on a form WR-822. 1. Copy of 2007 tax return 2. Copy of every page of my passport 3. Documentary evidence that I received financial support from my family/friends
AO (who wasn't the nicest person in the world) told me I would hear from him in a few weeks.

I hand delivered the documents on Sep 25, 2009, and had his receptionist date and time stamp a photocopy of the WR-822, for my records.

I haven't heard from the USCIS, and the last time my case was updated online, was August 6, 2009. Even though, I've been told, that the AO may be suspicious that I failed to file income tax in 2008 (I don't know why, since I was unemployed and received absolutely NO income in 2008), and that I have nothing to be concerned about, considering AO's hostile and "nasty" attitude from start to finish, is there any need to be concerned?:confused:
 
This was what an experienced immigration lawyer, I consulted with, had to say:
"Proof of your income or support from others should not be deemed an eligibiity requirement for naturalization based upon having been a Lawful Permanent Resident (having a "Green Card") for five years. I suspect the adjudicating officer is suspicious that you may have had income in 2008 but failed to file required tax returns (which, in turn, would demonstrate a lack of good moral character and would be a basis for denying a naturalization application). The documents you submitted sound sufficient to address this issue. The delay, anxiety and potential risks you are facing likely could have been avoided had you been represented by an immigration attorney in the naturalization process, but I hope you will encounter smooth sailing from this point on.
Please note that the USCIS does not consider having to wait from September 25 until now to be an undue delay, notwithstanding that the officer indicated a decision on your case would be "in a few weeks." From your description, it sounds like the officer was less than pleasant and professional -- while that may be unjustifiable, it should not reflect on the likelihood of your success".
 
Let me contribute to this discussion, gifts are not taxable however gifts are considered an income, tax law is so complicated and sometimes confused (like immigration law), if you have time review form 709 (IRS). You cal also read about the $11,000 rule.

Make your own judgment.

P.S. If you need to file you can do it at anytime. filing late does not make you a bad citizen.

Good Luck.
 
iteusa, thank you for your kind contribution, it is sincerely appreciated.

Fortunately, only individuals who give a gift exceeding $12,000 in a given year, are required to file Form 709, so it is not relevant to my Naturalization petitions, because I was the recipient of gifts, not the donor; and though I received gifts from different individuals, no one individual gave me more than $7,000 in any given year between the last quarter of 2007 -present. So even my donors did not have to file Form 709.

The IRS Form 709 is not a schedule or addendum to your normal tax filing. It is a totally separate filing, that only coincidentally has the same due date. It has its own Schedule A, Schedule B, and Schedule C. It's used to report gifts you make to other people.

The default position of the IRS is to tax a gift at an 18% to 55% rate. There are various deductions and credits that reduce this tax rate. An exclusion that almost everybody uses is the $12,000 annual tax-free gift. Without it, you'd be legally taxed on the $10 of gas money you gave your kid!

Who Must File:
In general. If you are a citizen or resident of the United States, you must file a gift tax return (whether or not any tax is ultimately due) in the following situations.

If you gave gifts to someone in 2008 totalling more than $12,000 (other than to your spouse), you probably must file Form 709. But see page 2 for information on specific gifts that are not taxable and for gifts to your spouse.

Certain gifts, called future interests, are not subject to the $12,000 annual exclusion and you must file Form 709 even if the gift was under $12,000. See Annual Exclusion on page 2.

A husband and wife may not file a joint gift tax return. Each individual is responsible for his or her own Form 709.

You must file a gift tax return to split gifts with your spouse (regardless of their amount) as described in Part 1—General Information on page 4. Form 709-A, United States Short Form Gift Tax Return, is obsolete.

If a gift is of community property, it is considered made one-half by each spouse. For example, a gift of $100,000 of community property is considered a gift of $50,000 made by each spouse, and each spouse must file a gift tax return.

Likewise, each spouse must file a gift tax return if they have made a gift of property held by them as joint tenants or tenants by the entirety.

Only individuals are required to file gift tax returns. If a trust, estate, partnership, or corporation makes a gift, the individual beneficiaries, partners, or stockholders are considered donors and may be liable for the gift and GST taxes.

The donor is responsible for paying the gift tax. However, if the donor does not pay the tax, the person receiving the gift may have to pay the tax.

If a donor dies before filing a return, the donor's executor must file the return.


Who does not need to file. If you meet all of the following requirements, you are not required to file Form 709:
You made no gifts during the year to your spouse,

You did not give more than $12,000 to any one donee, and

All the gifts you made were of present interests.


Gifts to charities. If the only gifts you made during the year are deductible as gifts to charities, you do not need to file a return as long as you transferred your entire interest in the property to qualifying charities. If you transferred only a partial interest, or transferred part of your interest to someone other than a charity, you must still file a return and report all of your gifts to charities.

If you are required to file a return to report noncharitable gifts and you made gifts to charities, you must include all of your gifts to charities on the return.
 
It seems everything will be fine, just be positive/patient and you'll see your Oath Letter in your mail box sooner than expected.

Good Luck.
 
iteusa said:
It seems everything will be fine, just be positive/patient and you'll see your Oath Letter in your mail box sooner than expected.

Good Luck.
Click to expand...

I agree, be patient. It is not unusual for cases to take time in review, especially when there is an deviation from the norm. All the discussion about gift tax and all, you will need to worry about it only if there is a denial - and I can not see a reason why this will be an issue unless CIS + IRS have evidence of some wrongdoing on your part. Just suspecting that you earned money is not enough.

Keep us updated.
 
Did your business venture as a US based consultant bring you any income for 2008? Also, what was your travel pattern like during statutory period?
 
iteusa and Sanjoseaug20, thank you for your encouragement. With the stress and anxiety of going through the Naturalization process, it means more to me than words can express. Thank you and may God bless you.

Bobsmyth, thank you too. I have not yet made any income from my US consultancy business, but I am expecting my first check, by December 2009 :) Just to let you know, I provided the Adjudicating Officer, with the names, addresses and contacts of the US and foreign companies that I consult for, as well as exacting details of the nature of business they conduct (apparel, heavy agricultural equipment, e,t,c) No "hanky panky" or shady business.

My travel pattern during the statutory period (2002 -2007) was good. I did not visit any country on DHS's "watch list". One or two trips in 2002 and 2003(to visit my terminally ill mother,who passed away in 2003) . One trip for one week, to London, in 2006. A vacation to Brazil/Dominican Republic in 2007. My travel spiked between September 2008 and Aug 2009, because of my international business activities. Negotiating in certain foreign markets is very unorthodox, and they don't stick to the rigid time schedules that we are used to , here in the US. You have to negotiate business at their convenience and schedule, so some stays were longer than others, but I NEVER violated the USCIS's continuous or physical presence requirements for LPRs. Moreover, US immigration law states: For LPRs applying for Naturalization, and not married to a U.S. citizen, the LPR must have been physically present in the United States, accumulatively, for thirty months, within five years, prior to the date, of filing the naturalization application. This requirement is cumulative but not continuous. A LPR can leave, and come back, to the United States, within five years, as much as he/she wants, as long as he/she does not break continuity of residence, and as long as his/her total time, spent in the United States, adds up to thirty months". I clearly meet this requirement, and ALL other Naturalization eligibility requirements. I was just unfortunate to be assigned a "difficult" AO.

I am confident that sooner, much rather, than later, I will receive my Oath letter, be sworn-in and be in the position to apply for and receive my US passport - like you have (congratulations) :) Till then, all I can do is be positive, patient and wait......

As usual, ANY contribution or addition is welcome.Thank you and God bless.
 
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Sorry, my statutory period is 2004 -2009 (not 2002-2007). I received my GC in 2002, and the Conditions were removed in 2004. I sent in my N-400 on June 15, 2009. Interviewed on Sep 22, 2009. Submitted(hand delivered) documents requested for (WR-822) on Sep 25,2009.
 
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