I have 1 stays above 6 months and 1 stay of exactly 1 year outside USA after I got green card, but that stay was more than 5 years back. I last 5 years, I have been outside USA for 41 days altogether. I had green-passport (Reentry permit) while I was outside USA for the long durations. Overall, I have stayed in USA for 7 years and outside USA for 3 years ever since I got green card. Would my long stays be an issue if I apply for citizenship? I have filed tax returns and have transcripts while I was outside USA.
I was living in India when I eFiled taxes for year 2004.State return was accepted but federal return was rejected. Hence, I printed federal return and mailed it from India on 04/16/09 at 9:00AM which was technically 04/14/09 @ 21:30 PST. I moved back to USA in 03/06, and filed all my returns till date from US and the refund back from IRS without any hassle.
It so happens that IRS never received 2004 federal return mailed from India nor was I flagged for the lapse.IRS never communicated to me about it nor did not know about it till April 2010 when I called in to request transcripts for my upcoming n400 application. IRS records show that I tried to eFile federal return twice but failed, but I do not have any proof that I sent the copy via postal services. I re-signed my 2004 1040 form and send it in again and got transcript for 2004.
How should I answer the question on n400 form which asks whether I ever failed to file federal, stat, or local taxes since becoming LPR?
* I got my GC in 12/2000.
* I lived in US till 05/2003 continuously except for a gap of 31 days (1 month) when I once visited india in 10/2002.
* I moved back to India in 05/2003, and came back in 03/2006 permanently. * I visited US between 05/2003 and 03/2006 4 times, twice after more then 6 months gap but never after a gap of more then a year.
* I had advance parole issued once meanwhile which was valid till 07/2006.
* Since coming back in 03/2006, I have left US 3 times till now altogether for a total of 65 days (2 mos).
* Since getting GC, which is altogether 96 months apprx., Overall I have been in USA for about 58 months and India for about 38 months.
* Since coming back in 03/2006, I have been here for apprx. 31 months and away for 2 months
When is the earliest I can be eligible for US citizenship ? My calculations say that it would be in 03/2011 earliest. Is that valid?
Does 4 years 1 day rule apply to me ?