ian-mstm

Answered in separate thread: http://britishexpats.com/forum/showthread.php?t=650467.

Ian

jeffreyhy

sbu,

My wife sent photocopies of the form 1040 only. The purpose is not to document income, the tax returns are simply a means to document the marital relationship during the period of interest and the 1040 is sufficient for that.

She sent 5 year's worth, even though only 3 are required when the application for citizenship is based on marriage to a USC.

Regards, JEff

jeffreyhy

sbu,

My wife listed her traffic ticket here. We wrote to the court clerk of the town where she paid the fine to get a copy of the record for the incident, but she was never asked about it. When the offense is minor (I'd have to go through the N-400 information to remind myself what defines 'minor') it's not an issue, but we felt it was appropriate to give the information and let CIS make the determination.

Regards, JEff

nettlebed

I wouldn't send them in: there's really no reason to do it. I can't see how five years of tax returns demonstrates good character unless you have previous instances of tax problems. Of course, if you HAVE been a bad boy in the past with the IRS, that's a different matter.

sonnyboyusa

I was late in filing in 07 and 08, but I filed nevertheless. I do have an instalment agreement with IRS for those 2 years and am paying on it. Filing Status is MFJ. This brings up another question:

In the N-400, part 10, Question 5 asks: Do you owe any Federal, State or local taxes that are overdue?

Does the fact I have an instalment agreement make the previous taxes overdue or current? I am a little confused on this.

Should I answer Yes or No to this question given the above situation?? (I have posted this earlier in the forum, but I want more thougths expressed, if I could)

Sonny

Noorah101

No, you don't have anything overdue. You're making payments (and I assume are current on your payments) on a pre-arranged payment plan that IRS agrees to.

Rene

sonnyboyusa

Yes, I am current on payments. I am just curious, at what point would they be 'overdue' or atleast according to USCIS? Any idea?

Noorah101

Just my layman's opinion, but I'd say they'd be "overdue" if you missed the payment deadline for any arranged payments.

Rene

sonnyboyusa

Noorah: This is bringing up another question, I dont know if I am overthinking this or what.

Here's my thought. The Guide says on page 2 that "if you have any federal, state or local taxes that are overdue, send:

1. A signed agrmnt with IRS...showing that you have filed a tax return and arranged to pay the taxes you owe and

2. Documentation from the IRS...showing the current status of your repayment program.

I have an agmnt with IRS, on #2 I can get a statement from IRS showing I'm current.

Here's my thought: Does the fact that I have an instalment agrmnt with IRS itself mean that I am technically 'overdue'? (this is the sense I'm getting from the Guide)

Also, if I answer 'NO' to Questions 4 and 5, how would I tell USCIS that I even have an agrmnt with IRS for previous years? Am I making sense?

Sonny

Noorah101

You are making sense, but unfortunately I don't know any of those answers. Maybe someone will come along who has direct experience.

Rene

sonnyboyusa

Noorah, thanks. Let me start a new thread and see what happens. This question been boggling my mind quite a bit.

jeffreyhy

sbusa,

Similar to the traffic ticket issue, I would answer the question 'yes' and explain, letting CIS make the determination. I think you're fine in that while you do owe the IRS money the issue has been resolved with the agreed on payment plan. (I had one of those once myself.)

Better to give the potentially damaging info when such info is asked for and have CIS say 'no problem' than to not give and have them find it themselves and possibly decide that it is a problem. (Note that this is not the same thing as offering info that's not asked for.)

Regards, JEff

sonnyboyusa

Jeffrey: Thanks. This helps.

This makes me to conclude that I'm better off answering YES to if I am overdue. But I am still not sure whether I should yes or no to if I ever failed to file taxes?

May be should I answer YES to being overdue and NO to ever failed to file taxes?? or just say YES to both and let them no say "NO PROBLEM"

jeffreyhy

I haven't read enough of your posts to know whether or not you've ever failed to file, but for the year(s) that you have the agreement to pay the taxes that you owe you must have filed a tax return.

You couldn't have an agreement to pay if there wasn't a return on which to base the amount owed?

Regards, JEff

sonnyboyusa

I have filed taxes for every year I have lived in the US (last 8), just not on time (not exactly on or before Apr.15), that is all. In that sense, I have never failed to file. Can you see where I'm coming from on this now?