To be Citizen

Njoylifeasis

New Member
I am Canadian and obtained the greencard in 1990. However I have maintained my residence in US and studied in school and university in Canada uptil now. I however have not filed taxes all these years as I had no income being a student. I am wondering if this will be a big problem in my application for Citizenship ?
 
I am Canadian and obtained the greencard in 1990. However I have maintained my residence in US and studied in school and university in Canada uptil now. I however have not filed taxes all these years as I had no income being a student. I am wondering if this will be a big problem in my application for Citizenship ?

Just for starters the tax thing will be a big issue, not to mention residency requirements (unless you lived in the US and commuted to Canada for school everyday)...
 
Residency is based on presence out of US no longer than 6 months..which i do fulfill and so that is not as much a issue. My aunt (who sponsered me) supported me so I did not have any income to report. Will supporting documentation not do?
 
njoy,
I think you might have aproblem unless USCIS / INS gave you permission to live abroad for an extended period of time.... There are some guys on this forum who can answer your question....

Good luck.
 
Residency is based on presence out of US no longer than 6 months..which i do fulfill and so that is not as much a issue.
You mean arriving in the US every 5.5 months, staying for a few days, and leaving again for 5.5 months again and again? That does not maintain residence for naturalization purposes. If that is what you have been doing since 1990, it's surprising they haven't revoked your green card.
 
NO!!!! I have been staying for longer besides that is NOT my point...My focus is on the tax issue!!!!!!!! Could someone help me out with THAT, please?
 
Njoy,
I think you will have a hard time to convince any immigration officer that you were a resident for the past 18 years yet didn't file any income taxes whatsoever. In fact, your absence, clearly negates your claim to be a residnet and compounds your problem significantly. I hope this comment is not too circular... You've got some immigration problems.

I agree with Jackolanter, count your lucky stars that you still have a green card. Good luck.
 
NO!!!! I have been staying for longer besides that is NOT my point...My focus is on the tax issue!!!!!!!! Could someone help me out with THAT, please?
What is your travel pattern exactly? Have you been spending more time inside the US every year than outside? Have you spend at least 30 months of the last 5 years in the US? Were you a minor for most of those years since 1990? Please explain your situation fully so we can provide some useful information.
 
NO!!!! I have been staying for longer besides that is NOT my point...My focus is on the tax issue!!!!!!!! Could someone help me out with THAT, please?

Well that will be an issue, even if somehow they decide to accept the non-filling of the taxes (which would be highly unlikely without a good just cause and other supporting documents of why you didn't), then your timeline in the US would be the next point where they will have the issue.

You can be denied for being out of the country for less then 6 months if the IO can justify that they do not believe you maintained proper US residency. There is no 6 months of less and you're free of denial at all, that is the myth...
 
Well that will be an issue, even if somehow they decide to accept the non-filling of the taxes (which would be highly unlikely without a good just cause and other supporting documents of why you didn't), then your timeline in the US would be the next point where they will have the issue.
Having zero income is a perfectly justifiable reason for not filing tax returns.

It seems the OP is a young adult of about 21 who got a green card as a child and then lived in Canada ever since, visiting the US every 6 months. However, he/she is not explaining the full facts, so we don't really know what is going on and can't give very useful and relevant answers.
 
No...I am 30...but that is flattering. And I have been commuting to Canada and lived in US and I have been living in US for the past 5 years. But I am still unemployed and so I did not file taxes as of yet. I am now looking to file for citizenship so I dont know how to answer the "have to filed taxes ?" question.
 
No...I am 30...but that is flattering. And I have been commuting to Canada and lived in US and I have been living in US for the past 5 years. But I am still unemployed and so I did not file taxes as of yet. I am now looking to file for citizenship so I dont know how to answer the "have to filed taxes ?" question.

If you haven't filed taxes due to no income, you would answer "no" to question 4 on application since you weren't required to file taxes in the first place.

"Since becoming a Lawful Permanent Resident, have you ever failed to file a required Federal state or local tax return?"
 
You can try calling the IRS for advice.

I know that you can file prior years taxes without penaly if you have missed it and have no income in those years. I've done it before when I was still in college but I only back-filed for 3 years. Im not sure what would happen if you back-file for 18 years as in your case. It might result in IRS audit...
 
If you haven't filed taxes due to no income, you would answer "no" to question 4 on application since you weren't required to file taxes in the first place.

"Since becoming a Lawful Permanent Resident, have you ever failed to file a required Federal state or local tax return?"

Yes you don't file the entire tax form, but you are still required to fill out the appropriate answers on the form to state you are not paying taxes and send that to the IRS.

Same with living overseas as a citizen, you still need to file taxes claiming no income...
 
Yes you don't file the entire tax form, but you are still required to fill out the appropriate answers on the form to state you are not paying taxes and send that to the IRS.

Same with living overseas as a citizen, you still need to file taxes claiming no income...
If your income is zero you don't have to file (unless you have certain specific transactions like real estate). Yes, it helps to file if you are spending lots of time overseas, but it still is not a requirement.
 
No...I am 30...but that is flattering. And I have been commuting to Canada and lived in US and I have been living in US for the past 5 years. But I am still unemployed and so I did not file taxes as of yet. I am now looking to file for citizenship so I dont know how to answer the "have to filed taxes ?" question.
Your income was zero all the time as a permanent resident? And you didn't do any of the things mentioned here: http://www.irs.gov/individuals/article/0,,id=96623,00.html ? If both are true for you, you didn't need to file taxes.

You said you are a student ... you should realize that some forms of scholarship money are taxable income, such as money given for food and housing. Still, it is possible that those would have been below the threshold required for tax filing.

If you really had zero income as an adult, you need to be prepared to show them (USCIS) how you supported yourself financially during that time, as zero income for an extended time raises the suspicion that you got your finances via criminal activity.
 
Last edited by a moderator:
.. but you are still required to fill out the appropriate answers on the form to state you are not paying taxes and send that to the IRS.

I don't see any such requirement on the IRS website. In fact, they have a list of questions on their website to help you determine if you must file, but there's no mention that there's a requirement to send in your answers on a tax form.

http://www.irs.gov/individuals/article/0,,id=96623,00.html
 
I don't see any such requirement on the IRS website. In fact, they have a list of questions on their website to help you determine if you must file, but there's no mention that there's a requirement to send in your answers on a tax form.

http://www.irs.gov/individuals/article/0,,id=96623,00.html

Nope I guess not. I had heard there was, but apparently that isn't true. So now not having the tax forms for the interview isn't necessarily a big issue, but questions as to why there wasn't any income, where they lived, other proof they lived in the US will be brought up. Income tax filing at least in most cases can prove you were residing in the US much more then not having them...
 
Top