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I want to apply for US Citizenship but my ex husband owes unpaid taxes do you think I can still apply for it?

Chicago, IL |

I know he has a monthly payment plan wit IRS. Since our divorce I have paid all my own taxes.

Thank you

it will be almost impossible to get a copy of this monthly payment plan from him. How do I prove he has it, on my interview with immigration officer. Yes those unpaid taxes are from when we were married. Thank you for all your answers.

Attorney Answers 5

  1. Best answer

    Are your ex-husband's unpaid taxes from when the two of you were married? If they are and you're legally responsible for the taxes, too, you might need to disclose that. If there's a payment plan, then you'll probably be ok. If the taxes your ex-husband owes are only his, and not from when the two of you were married, then you have nothing to worry about.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

  2. You can go ahead and apply.

    On the N-400 Application, You can safely answer "no" questions asking if you owe back taxes or if you ever failed to pay your taxes.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. Disclosure, in detail, goes a long way. Especially knowing that your family tax situation could be reviewed anyway. But also, you should have an attorney to help you with this application process.

    Attorney J Anton Collins is a featured Criminal Tax Defense Attorney on Avvo. You may contact Attorney Collins directly at, or 866-340-5055, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.

  4. I would be sure to do a thorough review, and be prepared to bring it up in the n-400 interview, and send the relevant proofs along with the application.

    Definitely talk to an attorney.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

  5. Your ex husband's unpaid taxes should have no effect on your eligibility, and you can get your tax transcript from IRS.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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