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Am I screwed?? need to amend taxes ASAP?

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  • Am I screwed?? need to amend taxes ASAP?

    Hello!
    I am currently spending most our time in Canada while my husband completes a temporary job assignment. I have a valid re-entry permit, am employed in the US, keep a US mailing address, cell phone, credit cards, vehicle, still travel to US regularly, etc...
    However, I just realized our cross border accountant, although filing regular 1040 (as residents), he used our canadian address in our US taxes (filed jointly).... we also filed for foreign tax credit since we paid taxes in Canada...Is this a huge issue?? do I need to submit an amendment with our US mailing address instead? is that possible? and if not, am I screwed??
    I am freaking out about it since I have been so careful with all my ties in the US.... we intend to return back to the US permanently next year. I will then apply for naturalization 2.5 years from then, which is when I think this would be an issue... :/

  • #2
    The address on the tax return isn't really important.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      The address on the tax return isn't really important.
      Thanks for your reply!
      So I should be ok as long as it's the 1040 form even with the Canadian address?

      When applying for N400 and we have to list ALL our past addresses, do I list my US addresses only? or would having this Canadian one on the taxes be a discrepancy? Granted we filed jointly so it can be claimed it's filed under that address for my husband....
      I am thinking maybe I should just renew my GC in 3 years and apply for citizenship in 5+ years from returning to be on the safe side....

      Comment


      • #4
        You list every address you've lived in within the requested time period

        Form N-400 Instructions state on page 6
        List every address where you have lived during the last 5 years (including other countries) prior to filing your Form N-400
        https://www.uscis.gov/system/files_f...n-400instr.pdf

        The immigration and Nationality Act 101(a)(33) states
        The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent
        The corresponding United States Code 8USC1101(a)(33) says the same thing word for word https://www.law.cornell.edu/uscode/text/8/1101

        USCIS Policy Manual Vol12 PartD Ch6 says in section B
        The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent
        https://www.uscis.gov/policymanual/H...-Chapter6.html

        So... fill in the form with the location of each and every place you lived in

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        • #5
          Originally posted by newacct View Post
          The address on the tax return isn't really important.
          Thank you! so the tax return should be ok? I am seriously losing sleep over this thinking they will claim I intended to renounce the GC...

          Also is it every single address in the n400?, or just the past 5 years? Because I am seriously considering applying for naturalization 5 years after we are back in order to have 5 full years of addresses in the US...

          Comment

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