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Hello,
My wife is a permanent resident since 2001. She was a student back then, hence she took re-entry permit in 2002 and returned to U.S. in 2004 while studying in India. Later, she did not return in 2005 (without re-entry permit), but came back to U.S. in August 2006. She has been staying in U.S. since August 2006 with brief vacation trips (1-2 months) to India.
Between 2001 and 2003, she did not file any income tax returns, but she had a $0 income. She has filed tax returns since then, and we have copies of all years since 2004 and official IRS transcripts from past 5 years.
In August this year, she will complete her 5 consecutive years in U.S., and will become eligible to apply for N-400. I have three questions given her situation:
1) Is it OK to not file taxes between 2001-2003 with no income? Could the interviewing officer ask her about it, and does she have any option of filing them now with a $0 income?
2) Given that she did not enter U.S. between 2004-2006 and did not apply for a re-entry permit either, what kind of questions should we expect from the officer? She did not enter because she was studying for a diploma course, but did not appear for it and does not have any certificate/transcript from that. Could the officer reject her application because of this?
3) My wife got her greencard because her parents sponsored her. However, since then, her parents have surrendered their green card as they do not wish to pursue residing in U.S. anymore and have permanantly settled in India. Could this pose any problems to her case?
Other than these two things, we have all the documents that we would need for her:
- Marriage certificate from India, copy of green card before name change due to marriage
- SSN card
- Certified tax transcripts from past 5 years
- Copy of tax returns since 2004
- Proof of residence in her current state (tax returns, lease agreement, utility bills)
- Valid drivers license from U.S.
- Financial proof (I will be sponsoring her. I am on H-1B visa).
- Indian passport
- Re-entry permit from 2002
My wife is a permanent resident since 2001. She was a student back then, hence she took re-entry permit in 2002 and returned to U.S. in 2004 while studying in India. Later, she did not return in 2005 (without re-entry permit), but came back to U.S. in August 2006. She has been staying in U.S. since August 2006 with brief vacation trips (1-2 months) to India.
Between 2001 and 2003, she did not file any income tax returns, but she had a $0 income. She has filed tax returns since then, and we have copies of all years since 2004 and official IRS transcripts from past 5 years.
In August this year, she will complete her 5 consecutive years in U.S., and will become eligible to apply for N-400. I have three questions given her situation:
1) Is it OK to not file taxes between 2001-2003 with no income? Could the interviewing officer ask her about it, and does she have any option of filing them now with a $0 income?
2) Given that she did not enter U.S. between 2004-2006 and did not apply for a re-entry permit either, what kind of questions should we expect from the officer? She did not enter because she was studying for a diploma course, but did not appear for it and does not have any certificate/transcript from that. Could the officer reject her application because of this?
3) My wife got her greencard because her parents sponsored her. However, since then, her parents have surrendered their green card as they do not wish to pursue residing in U.S. anymore and have permanantly settled in India. Could this pose any problems to her case?
Other than these two things, we have all the documents that we would need for her:
- Marriage certificate from India, copy of green card before name change due to marriage
- SSN card
- Certified tax transcripts from past 5 years
- Copy of tax returns since 2004
- Proof of residence in her current state (tax returns, lease agreement, utility bills)
- Valid drivers license from U.S.
- Financial proof (I will be sponsoring her. I am on H-1B visa).
- Indian passport
- Re-entry permit from 2002
