QUESTION

Am I correctly filing with the IRS during my N-400 visa process?

Asked on Mar 27th, 2011 on Immigration - California
More details to this question:
I have worked as an independent contractor before. I have worked for several agencies (promo model) and I did not really track it down. but the certain thing is, I didn't make enough money to report to IRS. (Under $400) I tried to file a tax return even it was a little bit , but the agencies simply refused claiming they don't send a form if I don't make $600 from each agencies. so I couldn't get 1099 form. So I didn't file for tax return. I was married, so I filed joined tax but got a divorce for a domestic violence (with a police report) after 3 years of marriage. so I am waiting 5 years to file my N-400 like other green card holders(instead of 3years) but since I failed to file my taxes in past, I have to say No, to the question "Have I ever failed to file taxes (or pay taxes)" its because my parents basically support me ever since a divorce. Should I need a letter from them or something to prove it? Also, to write about my work experience and school for past 5 years, should I write the agencies I worked as an independent contractor? Do I need additional proof why I didn't make enough money or should I just not state it since it's not a regular job, agency said they didn't report anything (neither do I) because we don't fulfill the minimum requirement to file taxes? Or am I just good just stating I have worked but didn't make enough money so didn't file anything and the law immigration officer would understand? I don't want them to doubt me for tax fraud or nothing.
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1 ANSWER

Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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I believe the question asks if you have ever failed to file a "required" federal, state or local tax return. Please talk with a licensed CPA or EA to ensure that you have filed all required taxes. As long as you have done that, you check yes to that box, even if you did not file in specific years, as long as you were not legally required to file in those years!
Answered on Mar 28th, 2011 at 10:35 PM

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