N400 questions: Old tax, child support and speeding tickets....

[canluis]

Hello all:

I am applying for citizenship on the 5 year residency rule. I have been a permanent resident since 2001, got divorced in 2002 with a child. Wife was US citizen. No criminal records, child support paid religiously, taxes all clean except this issues:

A) In 2001-2002 I lost everything: My self-employment net profit that year (income) was a loss and made no money. My wife and I filed separately that year and she claimed my son as a dependant. Since I had no additional income and no taxes were due (less than $400 made = no self-employment taxes, no filing) I did not file as it was not required and offered me no benefits (no refunds, no additional taxes benefits).

In 2003 I received an "Information Request Notice" from the IRS asking me about this and reasons why I had no filed. I replied as explained above (made no money, loss money, no additional income) and send it back. The notice explained that if they had further questions they would contact me regarding the issue, which they never have.

For my n400 on the question if you "ever failed to file taxes" : Should I file this old tax though no money is due and answer "no" or should I simply say "yes" and attach an explanation and a copy of the IRS noticed I sent back? I have the copy.

The only reason I would want to not do this is because the pain involved in getting all bank record back. For one thing the bank no longer has copies of cancelled checks and my records only go back to 2004 at this point.

All taxes before and after 2001 are in order and clear.


B) I have filed all my taxes electronically since I begun paying taxes in 1999. (turbotax, god bless them) Can I use the electronic receipts and print outs as proof of tax filing/payment or do I need to get an official IRS transcript for my taxes?

if so, How far back?

C) When I got divorced the last document I received from the court was a "Notice of Entry of Judgement". I also have copies of all the other filings my wife did (summons, assets, etc) and the Divorce agreement . Do I need something else? Am I missing something? Do I need to get an official "divorce record" from the court?

D) I have been paying my child support payments regularly pretty much since our divorce. My child support agreement was not ordered by the court but agreed upon on the Divorce Agreement. All payments have been directly to my ex-wife via direct deposits in her bank account at a local branch. I have EVERY DEPOSIT RECEIPT FOR EVERY PAYMENT ever made so I am not worried. But since there is no official record of payments with any court or child services...Would copy of deposit slips in her account suffice? Keep ni mind the deposit slips only show the deposit and the last digits of her account -and transaction number.

I have no court orders and my ex-wife has never filed a complaint or had an issue of any kind. We get along fine...but to a point. Not having her involved in this would be a plus, specially since she is in bankruptcy court and in no mood...

E) Finally...I read all about the "citation" issues and speeding tickets: I only have to traffic tickets, one of which I fought back and won (no seat belt - cop was a rookie = no guilty. I have my court record) So I am listing both. However, What about "fix it" tickets? The kind were you were stopped by a cop and you have no ticket or violation but you are asked to repair something on the car and then go to court to show proof of the repair? Should I list those at all?

Thanks for all your help in advanced.

[JoeF]

If you weren't required to file tax returns, you should be ok. You didn't fail to file tax returns since you were not required to file.
I got transcripts from IRS for the time I had the GC. Pretty easy, didn't cost anything. CIS didn't want to see them, though.
Can't help much for the rest. I only had speeding tickets, which I listed.

[canluis]

Thanks. Yes, i did figure out soon after the post about the tax records. Should not be a problem.

I hope one of the heavy hitters throws me a bone.