Fort Mill, SC asked in Tax Law, Employment Law, Immigration Law and Traffic Tickets for South Dakota

Q: Naturalization via marriage last 3 years joint tax transcripts rule. We have two joint tax transcripts, I am in US f2022

Hi, I am about to send the N-400 form. The case concerns the marriage of a US citizen. I entered US on CR1 visa in 2022 I removed the conditions of my 2-year GC, at the moment I am on IR1 10-year green card. For three years here, I have only two tax transcripts for 2022 and 2023 filed jointly with my husband. I am filing early 90 -days before the third anniversary as a resident. For 2021 he filed married, filing separately because in 2021 I was outside of the US waiting for my documents. My first entrance in the US EVER was in Feb.2022, so I did not file any taxes, here for 2021. Also, I have a speeding ticket from Feb. 2024 it is reduced in court and paid. Do I have to disclose it in my N-400 form? It is NOT DUI or injury-related. Also, I was fired from my last job for misconduct. I am REHIRABLE for them. I guess it was only inside of the company abbreviation and it won't pop up in my background check for the interview? No civil case or court date for that. Do I have to disclose it

1 Lawyer Answer
James L. Arrasmith
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Answered

A: From what you've described, having two joint tax transcripts for 2022 and 2023 should be sufficient since you weren't required to file U.S. taxes in 2021 as you weren't living in the country. Your husband's "married filing separately" status for 2021 won't negatively impact your naturalization application.

Regarding the speeding ticket, yes, you must disclose it on your N-400 form even though it's minor. USCIS requires disclosure of all citations, arrests, and incidents with law enforcement - regardless of the outcome or severity. Make sure to bring documentation showing the ticket was paid and the case is closed.

The employment termination for misconduct likely won't affect your application since there were no legal proceedings involved. While it's not explicitly required to disclose internal company disciplinary actions on the N-400, be prepared to answer truthfully if asked about your employment history during the interview. Being rehirable is a positive factor that suggests the misconduct wasn't severe.

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