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  • Tax returns/transcripts not available for mother in law

    My mother in law (age 72) has some dividends and interest from certificates of deposit and banks - all in a foreign country. Even in the foreign country she does not earn enough and is therefore not required to file tax returns in the foreign country. In foreign country no tax is deducted at source so filing a return to recover taxes is out of the question.

    In the US she has a simple checking account that does not any interest.

    Her income in US is nil. Even with her global income she is under the gross income limits and always has been. Hence, she has not required to file tax returns in the US either.

    The interview process mandates bringing transcripts OR certified copies of your tax returns.

    Unclear how to proceed..... Anyone else in the same boat? If so, how does one navigate this requirement?

    Is it sufficient to tell them that she did not have to file tax returns and was completely supported by her daughter and son-in-law ?

  • #2
    I would check with an accountant about this issue. Ask: "Does my MIL need to file tax returns if she has no income?" Start there. If she needs a tax form that states that she has no income, the USCIS officer will tell her to submit it before h/she will be able to grant her US citizenship.

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    • #3
      Originally posted by alwayscuriousgeorge View Post
      My mother in law (age 72) has some dividends and interest from certificates of deposit and banks - all in a foreign country. Even in the foreign country she does not earn enough and is therefore not required to file tax returns in the foreign country. In foreign country no tax is deducted at source so filing a return to recover taxes is out of the question.

      In the US she has a simple checking account that does not any interest.

      Her income in US is nil. Even with her global income she is under the gross income limits and always has been. Hence, she has not required to file tax returns in the US either.

      The interview process mandates bringing transcripts OR certified copies of your tax returns.

      Unclear how to proceed..... Anyone else in the same boat? If so, how does one navigate this requirement?

      Is it sufficient to tell them that she did not have to file tax returns and was completely supported by her daughter and son-in-law ?
      This is indirectly related. When I applied for citizenship I was in college and worked in a research lab. My income never put me above the threshold to be required to file taxes. But it was actually easier to just file anyway, than to show proof that I didn't have to file and show up empty handed. The IRS will accept the return and process it and it will be part of the record.

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      • #4
        Thank you both for your replies. I went ahead and filed for both the green card and about 6 years later for the citizenship. Both got approved. Tax returns were never filed in the US.
        Providing this information just in case somebody else can benefit from this.

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        • #5
          Originally posted by alwayscuriousgeorge View Post
          My mother in law (age 72) has some dividends and interest from certificates of deposit and banks - all in a foreign country. Even in the foreign country she does not earn enough and is therefore not required to file tax returns in the foreign country. In foreign country no tax is deducted at source so filing a return to recover taxes is out of the question.

          In the US she has a simple checking account that does not any interest.

          Her income in US is nil. Even with her global income she is under the gross income limits and always has been. Hence, she has not required to file tax returns in the US either.

          The interview process mandates bringing transcripts OR certified copies of your tax returns.

          Unclear how to proceed..... Anyone else in the same boat? If so, how does one navigate this requirement?

          Is it sufficient to tell them that she did not have to file tax returns and was completely supported by her daughter and son-in-law ?

          in the past 5 years how many days of physical presence does she have?

          Comment

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