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Getting Citizenship without Tax Return

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kimosavi

Member
What is the name of your state? NJ

Hi. I have been a lawful resident in the US for the more than 2 years and next year in February will be my third. I am planning on requesting my Citizenship next year, but when I spoke with a friend he said that I need to show and present my tax returns for the last 3 years.

My first two years here my husband did not report me in his tax return (he was mislead by some friends who said it was better to present separate taxes). I was not working during my stay until July 2007. This year I will present my own taxes.

my questions are:

1. Can I request my Citizenship next year? do I have to wait more?
2. Can I request it with only 1 tax year? do we have to present the separate or together?

TIA!
 


TinkerBelleLuvr

Senior Member
If you were NOT working at all, you have no need to file a tax return. If you are, and have been, a resident alien, your husband and you have a right to file a joint tax return. You have the right to amend these tax returns.
 

kimosavi

Member
Thank you Ginny for your prompt reply.

Becoming a US Citizen, to my knowledge, is a very personal decision, and so I didn't understand why was I told that my husband should be involved in the process (other than Identifying the means I became a resident).


is 3 years the minimum requirement to ask for the Citizenship?

So to your knowledge, Will it be ok to ask for my Citizenship next year? with only my tax return (for 1 year)?
 

evcalyptos

Senior Member
What is the name of your state? NJ

Hi. I have been a lawful resident in the US for the more than 2 years and next year in February will be my third. I am planning on requesting my Citizenship next year, but when I spoke with a friend he said that I need to show and present my tax returns for the last 3 years.

My first two years here my husband did not report me in his tax return (he was mislead by some friends who said it was better to present separate taxes). I was not working during my stay until July 2007. This year I will present my own taxes.

my questions are:

1. Can I request my Citizenship next year? do I have to wait more?
2. Can I request it with only 1 tax year? do we have to present the separate or together?

TIA!
When a person files a tax return, they must identify themselves as
Single or Married.
If you are married, you MUST file as 'married'.

Within the category of 'married', you can opt to file 'married jointly' or 'married separately'.
Either of those is fine, depending on which is financially better for you.

If you did not earn enough income to make your own tax return as 'married separate', you can simply provide an explanation with your N-400. See irs.gov for details on the income requirements under 'who must file a return'.

USCIS wants you to submit your tax returns to show your good moral character. Submitting 'married jointly' filed returns is one piece of evidence that you are in a bonafide marriage with your US citizen spouse.

Becoming a US Citizen, to my knowledge, is a very personal decision, and so I didn't understand why was I told that my husband should be involved in the process (other than Identifying the means I became a resident).


is 3 years the minimum requirement to ask for the Citizenship?

So to your knowledge, Will it be ok to ask for my Citizenship next year? with only my tax return (for 1 year)?
The reason your husband has something to do with it, if you want to file after 3 years of Permanent Resident status instead of 5, is because you are getting a waiver of the normal waiting period. In order to apply for naturalization after just 3 years of residency, you must show that you are in a valid marriage to your USC spouse, right up to the day of your oath ceremony. You are required to give evidence of this with your application.

Please see uscis.gov uner the Guide to Naturalization for all the details. They have a document checklist in the booklet describing everything you will need.
 

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