TAX FILING / residency & N-400 APPLICATION REJECTION

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sieger007

Registered Users (C)
Hello- I am new to this forum. I got GC in 2010 but I filed taxes for 2010 and 2011 later in Sept/Oct 2011 but the govt owed me money - NOT the other way around best of my knowledge.
I am late for 2012 taxes also BUT I will do this ASAP this week-end.
PL ADVISE if filing taxes late , in reality causes an N 400 ( Citizenship rejection)
The Other Q pertains to residency. Because other than me - rest of family is in abroad - I have to travel frequently abroad. What I plan to do is spend 6months or slightly more in US and rest abroad , working on contracts - so I have more control on my life. In other words -I might just barely manage to fulfill the 6 months in a year stay DISCONTINUOUSLY but @ the end of 5 yrs - 2 1/2 will be in US. How will this weight on the citizenship application.
Please advice
 
Late tax returns won't cause denial of citizenship. But you need to ensure you don't have any outstanding unfiled returns when you go through naturalization.

When you mentioned "rest of family is in abroad" -- are you referring to your spouse and children? If yes, have you filed I-130 for them? When did you file it?

Working abroad is a negative factor for naturalization. However, if you only work abroad on short-term contracts, and consistently spend more than 6 months each year in the US with no individual trips of over 6 months, and you stay in the US for significant periods between foreign trips (i.e. don't spend 5 months abroad, stay in the US 2 weeks then spend another 5 months abroad), you might have a decent chance of approval.

Your chances of approval also improve if you apply after staying several months in the US after all your long trips have ended. Even better if your family is living with you in the US when you apply, rather than still living abroad (which is why I mentioned the I-130 ... if you have already filed it, or if you file it now, your family can probably get green cards before you're eligible for naturalization).

Continuous residence for naturalization is often very subjective, so we cannot predict how the interviewer will evaluate your situation. All you can do is try to manage your travel pattern the best you can, and take steps to bring your family to the US, then when the time is right you apply and see what happens.
 
I've not filed my personal/business taxes as well. Got an extension. Although I shall surely complete it this month, I was not assuming that it will have any bearing on the interview. Getting an extension is a normal process. Never been late (or overdue) on any payments ever. However does it matter to have completed taxes? Curious now.
 
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