Thank you for both responses.
As to tax liabilities, I read the followings in the Document Checklist
section of the Guide to Naturalization book:
"If you have ever failed to file an income tax return since you became
a Permanent Resident, send:
All correspondence with the Internal Revenue Service (IRS) regarding
your failure to file."
Due to their disabilies, the husband never had an income and never
filed a tax return in the U.S. The wife worked in 2001 only, she was
under operations in 2002 and 2003, she is on disability since the
middle of 2003. She has a tax return for the year of 2001 only,
nothing after that. Even though they filed no tax return since 2001,
they had no correspondence with the IRS either, since there was no
taxable income to declare. Is this explanation sufficient for USCIS or
they can still demand further proofs from the IRS?
Thank you,
Chuck
On Thu, 20 Apr 2006 12:42:29 +0000, ian-mstm
wrote:
>
>> I'm trying to help an elderly coulple filing their N-400 application.
>> They don't have the resources to have it done by an immigration
>> lawyer, and I don't have the expertise to make sure they are eligible
>> to file. I have the
>>
>> following question:
>> Part 6.B on the N-400 application: "Where have you worked during the
>> last 5 years".
>> I assume the question is for proving that the applicant has been
>> working and paying taxes during the past 5 years. In lack of that, I'm
>> quite certain, the application would be declined.
>> The situation is:
>> The wife is 64 years old, has a green card since January 2001. She had
>> an accident in December of 2001, and unable to work since. She had
>> multiple operations in 2002 and 2003. Her disabilty claims were
>> finally
>>
>> approved in April, 2003, and receives $490.00 a month since then. The
>> husband is 66 years old, received the green card in 2002. He is 100%
>> death; never had a chance to work in the U.S. He also receives the
>> same
>>
>> amount for his disability, $490 per month. To summarize, the couple's
>> total income is $980, all comes from disability payments.
>> Consequently, they have no employment or tax payment records since
>> 2002. I
>>
>> understand that the disability income might be accepted instead of
>> work records. However, there is a time period between December of 2001
>> and April of 2003 when they were both unable to work and received no
>>
>> income at all, since the approval of the disability came only in April
>> 2003, almost a year and a half after the wife's accident.
>> The wife would like to submit the N-400 application now. Does she have
>> any chance for approval?
>> Any comments would be appreciated.
>> Thank you,
>>
>> Chuck
>
>The wife can apply immediately, since she's already had her GC for 5
>years. The husband will be able to file sometime next year - 90 days
>prior to the 5th anniversary of the date on his GC. If the wife
>successfully naturalizes, the husband may be eligible to file
>immediately thereafter as the spouse of a USC... but he can't file, at
>any rate, until that happens and, in the grand scheme of things, that
>may not really save any time. Besides, it's a lesser burden to file
>based on 5 years as a GC holder so that'd be my recommendation.
>
>
>
>The question asks about work history... not taxes! Don't conflate the
>two. At any rate, there is no minimum income requirement for
>naturalization.
>
>
>
>Hmm... interesting turn of a phrase!
>
>Ian
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