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Jelebi

N400 Questions

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Happy New Year fellow Saffers!

 

I am in the process of completing my N-400 citizenship application and have a question about part 11, questions 39 to 42 and question 45.

 

So question 38 asks if you am currently a member of the armed forces, answer is no.

 

Questions 39 to 42 start with "if you are currently a member of the armed forces"...or relate to if you are a member of the armed forces...and question 45 is, have you ever deserted the armed forces...

 

My assumption is I do not have to answer questions 39 to 42 & 45 since I already said no to question 38. Is this correct? I know I'm over thinking it but appreciate sum input from those who have actually been through the process.

 

Thanks.

 

 

 

 

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These are YES/NO check boxes. I would check the NO box, otherwise you will not have answered the question. The form is really scrutinized at your interview, but checking the NO box leaves no doubt or question. If you leave it open, when the interviewere scans down, they may have to quiz you on those.

 

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Thanks Malamute, I did initially do that but my husband raised the question so I thoight I would put it out there. Will go ahead and answer No.

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I became a LPR in Feb 2011 and can apply for citizenship in November 2015, 90 days before the 5 year mark. As part of the application for citizenship I must attach certain documents, one of which is an IRS tax return transcript for the last 5 years (as per M-477). So, by November 2015 when I intend to lodge my application I would have filed tax returns for 2011, 2012, 2013 & 2014 (4 years) and not yet for 2015 (5th year), as the 2015 tax year will still be ongoing at that stage.

It seems that I will not have the required documentation to lodge a complete citizenship application, which would probably lead to my application being denied. Is there any way to get around this issue?

Edited by Superkruz

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Superkruz, we just went thru the process a few months ago and were not asked for tax returns at all, are they requesting it specifically? I believe its only required if you obtained gc thru marriage.If so, I would not be too worried abt having only 4 yrs worth, they do have some sensibility. You will be fine. All the best.

Edited by Jelebi
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Agree with Jelebi. When I did my Naturalization forms at the end of 2013, at first reading I thought I needed the tax returns, but on further reading of the M-477, it appeared it was only needed if you are applying on the basis of marriage OR you have been out of the USA for more than 6 months. Neither applied to me.

 

I did not submit tax forms/informtion/declarations, and wasn't asked for them at any stage of the process.

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.................... OR you have been out of the USA for more than 6 months.

I missed this part of the sentence. Fortunately I havent been out for more than 6 months so I don't have to provide tax transcripts!

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Hi Jelebi, Malamute and of course Superkruz, may I ask a question on the same tax topic. What are the steps to file tax return here in the US as an LPR? Secondly, as an LPR are you expected to file both here in the US and in SA since you are still a citizen of the latter country? Help from all Saffers will be appreciated. Keep posting

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Hi Shatale,

Search under the MONEY forum here - there is a wealth of information and dicussion about tax.

 

Basically, an in a nutshell, You file a tax return here in the USA for starting the year you became an LPR - i.e. the day you landed on your DV visa - even if you only stayed a few days and then went back to SA. The USA considers you a tax resident from that day.

Strongly consider using a tax professional in the first year, or use one of the online services from H&R Block or Tax Turbo too.

 

Tax year is 01 Jan - 31 Dec each year, tax returns are due by 15 April of the following year - you get a 2 month extension - i.e. to 15 June, if you are out of the country on 15 April.

 

So if you landed in Feb 2014, you would have to submit a tax return for the 2014 year by 15 April 2015. You include on that tax return any and all income both from within the United States and outside (e.g. if you were earning a salary in SA in January still, you have to declare that). In most cases, the tax treaty between SA and the USA means you won't be double taxed - although there are some kinds of income that may incur tax in both places.

 

You should continue doing your SARS return as long as you have income in SA that is subject to tax - until such time as you either emigrate, or have no assets in South Africa, or SARS advises you that you don't need to submit a return. South Africa uses the Residency basis for taxation - i.e. if you are ordinarily resident in SA for a certain number of days per year, you are subject to tax.

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Today I celebrate 100 days till I can file my application for citizenship. Min dae!

  • Like 5

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Lekker!

My groot dag sal seker eers in 2019 aanbreek - 15 jaar ná ons aankoms in die VSA.

 

Thus, to everyone who won the DV Lottery: Count your blessings every day. And to those who have won, but subsequently declined to accept the prize...

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I agree, Janneman! Some of us have done it the long and hard way. I think you will have broken the record though! Roll on 2019!!!

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I agree, Janneman! Some of us have done it the long and hard way. I think you will have broken the record though! Roll on 2019!!! P.S. I stopped posting a long time ago because all mine come up in duplicate :( Anyway I can get around this?

Edited by Eileen

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Eileen - don't stop posting! Just use a different browser (e.g. Google Chrome) - or an updated version of internet explorer.

I used to have the same problem - and still do - If I post from my one laptop that has an old Explorer Browser. If I post from that laptop using the Chrome browser, or from a different one with an updated Internet Explorer, I don't have that problem.

Give it a try.

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