Is my case too complication: 21 times out of US, Filed India taxes, etc. Help Appreciated greatly

Baldoor

Registered Users (C)
Hello Experienced Friends,

My wife and I received our GC on March 1, 2005. Since I was working in international division of my company, during 2005, I was frequently travelled out of US for one to two weeks business visits to Asia. However in December 2005, my company sent me to India to open their office in India. During 2006 and 2007 we visited US our home every four to five months. I made sure that I never stay out of US for more than 6 months.

In May 2007, on a vacation visit from India to Miami, the immigration officer questioned my wife on why she was not applying for reentry permit. She let my wife enter US with a warning. My wife stayed back on that visit and applied for re-entry permit. However we did not feel very comfortable with the situation and in August 2007, my wife and son returned to US and settled in our house. We did not hear anything about reentry permit until December when we applied to withdraw our application. Upon checking online our LIN #, it confirms that the applications have been withdrawn.

In April 2008, I resigned the company and moved back to US. I am still working for them as a consultant doing Asia work.
To summarize the long story:
My facts:
1. Out of 5 years I have stayed outside US for more than 700 days

2. I have all the tickets and boading cards in original except first visit in 2005 which I submitted to my company as travel expense report. I have also traced immigration stamps on passports entering US or entering other countries when left US and maintained a table.

3. Maintained US house, paid property taxes, was on US payroll, had salary come in my US account
So Technically, I meet both physical presence and continuous residence requirements.

More:
a. I had 4 traffic tickets: 1 before the GC. 1 in 2005 and 1 in Dec 2009 and 1 in January 2010.
My wife’s facts:
1. Out of US for total 400+ days on several visits abroad:


Seek Guidance on:
1. Is my case clean eligible for naturalization or it may have some problems. Is so then what should we do?
2. Can the traffic tickets pose a problem? 3. Should I attach all boarding cards and tickets + Tax Returns for 5 years to explain my case or take them for Interview.
4. My Wife: Is her case clean with application for reentry permit and withdrawal?

I will appreciate any suggestions in this regard.
Baldoor
 
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Just file yoru application and see what happens. I don't think you have prpobles but USCIS is most realiable source to get answers from.
and their answer is the only answer that counts.
 
Baldoor,

Long posting which sapped my energy to give a cogent answer. Too much details...lol!!!


My friend, if I don't give all the details, you may not consider complete variables of the case. And your advice may fall short. Secondly, having done few law courses at Columbia (Great School!!), you should be able to filter the supportive yet unnecessary details!! Anyway, I appreciate your feedback.

Best Regards
Baldoor
 
Just file yoru application and see what happens. I don't think you have prpobles but USCIS is most realiable source to get answers from.
and their answer is the only answer that counts.

Thanks for your inputs.

Look forward to some more specific advice to strenghten my case.

Regards
Baldoor
 
Thanks for your inputs.

Look forward to some more specific advice to strenghten my case.

Regards
Baldoor

This trips issue is not a binary so it is hard to give specific advice. But as long as you spend more than half of your
past 5 years in USA and no significant long stay outside, then it should be fine. If I were you I
would not think too much about it. I'would just file and wait to see what the IO will say.

The only meaningful advices you need is prepare all those documents that show ties to USA. Other than that
you do not need anything else. If the worst case is loss of $675, then it is not worth worrying too much.
 
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Your case is neither a clear-cut denial nor clear-cut approval. You just have to gather the evidence you have and apply and see what happens.
 
Thankyou WBH and others.

Further, which documents out of following should I send with N-400 and hold remaining for carry to interview:

1. Citation and payment records for traffic tickets

2. All boarding cards and airtickets

3. My US tax returns for last 3-5 years (If Yes then My filed copies or Tax Transcripts)??

Best Regards
Baldoor
 
Thankyou WBH and others.

Further, which documents out of following should I send with N-400 and hold remaining for carry to interview:

1. Citation and payment records for traffic tickets

2. All boarding cards and airtickets

3. My US tax returns for last 3-5 years (If Yes then My filed copies or Tax Transcripts)??

Best Regards
Baldoor

Don't send any of these with N400 but only bring them to interview.
You only need to submit N400, a copy of GC (back and front), two passport photos and a check of $ 675.

Sending too much documntation with N400 can only do harm to slow initial review thus to delay interview etc
 
And remember comming back for a short period before 6 months doesn't do anything. It's the quality of living out of the US that matters.

You could be out of the US for 8 months and have very strong ties to the US that you can prove and be fine or you could be out 3 months and not have any ties to the US and be denied...
 
Just get a letter from your employer saying when and why you travelled for business and you should be fine. Too much detail. :) With tickets... if no arrest occurred, then don't sweat it.
 
One more query on my case:

In the part 6 of N-400, it asks for info on residences and employment:

Shall I mention about my US house only or the temporary rental house in India for 2006 and 2007. Remember, I was on US payroll and maintained my house in US.
Best Regards
Baldoor.
 
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One more query on my case:

In the part 6 of N-400, it asks for info on residences and employment:

Shall I mention about my US house only or the temporary rental house in India for 2006 and 2007. Remember, I was on US payroll and maintained my house in US. I have a feeling that if I mention India address for 2006 & 7 then it might be negative. However, on the other hand, 1040 US tax mentions about India address for 2006 and 2007 return for filing taxes in India and taking tax credits back in US. Appreciate direction on this one.

Best Regards
Baldoor.

Don't place your Indian address there (Part 6 A). If I were to list these Indian address to cover myself, I
would rather list under that "Countries you trvaled to" column of foreign trip tables (Part 7C). I would list
something like "India (1300 Tagore Street, Banglore etc)"
 
Thanks WDH. You have been a great help. I will go ahead with application and let you know in a few days what happened.

Best Regards
Baldoor
 
"but my 1040 tax return in US did mention my India address as I was to pay taxes in India due to long physical presence in India and take tax credits on US tax return. "

Have you file taxes as non-resident? USCIS sees the non-resident claim as a fact of voluntarily giving up the permanent resident status.
 
One more query on my case:

In the part 6 of N-400, it asks for info on residences and employment:

Shall I mention about my US house only or the temporary rental house in India for 2006 and 2007. Remember, I was on US payroll and maintained my house in US. I have a feeling that if I mention India address for 2006 & 7 then it might be negative.
The place you stayed in India was temporary accommodation, not residence. N-400 asks about your residence. Don't list the Indian address, only list your US home that you held while you were gone.
 
"but my 1040 tax return in US did mention my India address as I was to pay taxes in India due to long physical presence in India and take tax credits on US tax return. "

Have you file taxes as non-resident? USCIS sees the non-resident claim as a fact of voluntarily giving up the permanent resident status.

The bigger question is whether you filed a 1040 or a 1040NR while you were in India.
 
Another question on if I am eligible to apply now - My GC date is Feb 28, 2005. But I have fulfilled physical presence. Though I have passed the 90 day mark, some 24 days are left, Can I apply in next one or two days or I should wait until 5 year period by Feb 28, 2010??

Again thanks for response.

Baldoor.
 
Thanks for inputs friends.

To answer two of you:

Deloitte was my tax consultant sponsored and nominated by my employer and they always filed 1040 (and NOT 1040NR). So that way I am safe. However in the tax they mention my India rental house address as 'Address in India' while all other places they mention my US address while identifying me.

And this brings to the bigger issue: my son did go for one and a half years to Indian school. I can pose my 140 days travel as long busines visit but if the officer asks about my son, what should I explain?

Best Regards
Baldoor.

IO will probably not ask as they aren't processing your son's application, but if they do, explain that as you expected multiple travel trips to India during that timeframe, you and your wife decided that it would be less disruptive to his education if he was in a schooled in India during that time.
 
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