Continuous residence, doubtful. Please help

S

sap123x1

New Member
I am LPR from Aug 2009. Planning for N400. I have residence from 2009 until now, rented house.

I also have payment proof for Rent, City Utilities, Internet, Phones. I also have accounts in USA and Credit card statements. I only used my USA credit cards when traveling overseas.

I was employed by an employer in USA from 2009 until 2012 and a different employer in USA from 2012 as of now. I have pay stubs for all months. I filed by (IRS) taxes as resident. I also have health insurance from my employers. I did not have any foreign employment or foreign income.

I was married in the year 2012 in USA and my wife (not a US Citizen) stays with me since 2012. She was in USA when I made business trips.

My physical presence is 39 months USA. I travel a lot overseas, 25 trips in totaling to 20 months, for business purposes and my physical presence broken down by year is as follows:

In the Year 2009 present in USA for 3.16 months – Resident since date in GC is Aug 2009.

In the Year 2010 present in USA for 4.5 months.

In the Year 2011 present in USA for 7.5 months.

In the Year 2012 present in USA for 9 months

In the Year 2013 present in USA for 8 months

In the Year 2014 present in USA for 6 months (as of Aug 2014).

In the year 2010, I made at trip for 70 days, came back to USA for two days and another trip for 120 The second trip was intended to be short but I had medical emergency, was admitted in an hospital overseas, was discharged from hospital only after 20 days. I have hospital discharge report.

From my travel sheet, I can see all the other 24 trips are less than a month – 5 days to 25 days maximum and days between the trips in USA is minimum of 2 weeks to 4 months.

All of my trips, including the trips in 2010 are all less than 6 months.

Whether USCIS can combine the two trips in 2010 or other trips.

When I need a help of an attorney or can I submit the application for N400 myself. Do I need to send the IRS transcripts and other supporting documents in my application package or not required?
 
You shouldn't have any issues unless any of your trip is over 6 months.

I had over 30 trips with 700+ days outside and the IO never even bothered to ask anything. In fact she just said that you travel for job as she knew abou my file before hand.

Having said that every case is different as the IO is different. I would say your luck will play bigger role than anything. If your trips are fine then the only thing that could delay your oath is if the IO send your travel history for confirmation. I hope you have good travel record made in excel. I did that and sent it with my application and IO said that it was good that everything was there.

Also make sure to have good reasons and proof for your travel history just in case IO asks for it.

Good luck.
 
We become PR at the same time. I already finished all my paperwork getting ready to mail it out today.

You may have established a questionable continuous residence for yourself. Even though all your trips are less than six months, the total number of days in the States will also be evaluated by the USCIS. In 2009 and 2010, you were in the US less than six months. The residence clock does not stop at the five year anniversary. A friend of mine wen to citizenship interview in the Las Vegas office last year. One of the questions he had was " Have you traveled outside the US after you filed N-400 application?"

I don't think that you are showing a strong case of continuous residence. Owing is better than renting. Are you intent to buy a real estate?
 
ripcurl & 617diesel:

Thanks for time you have put in for the replies.

I understand that luck plays a major role. Can I send transcripts and other supporting documents meant for applicants with trips between 6 months to one year (in one single trip) as specified in the Naturalization checklist, in my N400 application package? Or is it not required. Because none of my trips are more than 6 months. I prepared my travel history in an excel sheet with date started from USA and date arrived in USA.

I rented the residence in May 2009, as I was living in USA before I adjusted my status to LPR in Aug 2009. I applied for adjustment in June 2009 and GC was issued in Aug 2009. If I calculate the actual time present in USA for whole of 2009, it could be slighly more than 7 months. In my first post I mentioned that I was present in USA for 3.16 months in the year 2009 because I calculated my time present in USA only from Aug 2009, the month I became a LPR.

Please suggest whether the supporting documents I have listed in my first post, can rebut CIS's possible assumption that I broke my continuous residence. All my trips with exception to two trips, are all less than one month. In each trip I traveled to more than one country, a minimum of two and maximum of three countries. I also checked by bank statements and it shows that my pay was directly credited to my bank account in USA even during my trips overseas.

My immediately family, my wife and my parents are living with me. I got married in USA in 2012, I also have the marriage certificate from a county here.

The home I am living right now is owned, but through a LLC. I already paid property taxes for two years.

My intention is to live permanently and continously in USA from Aug 2009 and with such intention, I need suggestions whether my documents are sufficient enough to show that I did not intend to break my residency.
 
Don't send anything additional. This is one of most common mistake that many people make. They think that it would help them but in reality it makes their case more complicated. Instead take everything that you think will help your case at the interview.

In my opinion you haven't done anything wrong by traveling. It is your right as PR and you don't have to be in US six months a year. As long as you have 2.5 years in 5 years in US then you are fine. The only thing that you need to prove if asked at the interview is why you traveled so much and that you had links to US.

I have seen a case where a female had close to 900 days days outside US and she was approved.

So don't panic just make sure to keep good record of your trips. Ensure that you have all the points ticked to fulfill the n400 requirement.
 
Go ahead and file. While your case is not a slam dunk for approval, your chances look pretty good.

Don't send tax transcripts and other additional evidence with the application, but bring that evidence to the interview and be prepared to show it if you need to do so (and only if you need to).
 
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