How to prove physical residence with overseas study?

Beatle2102

New Member
I'm (finally!) beginning the process of becoming a US citizen. Originally from Australia, I've been a PR since 05-17-02 (gained through my father due to his job transfer to the US in 1994). In Feb 2003, I started university in Australia. I completed my studies in Nov 2006 and returned to the US two weeks after (technically I didn't graduate until January of 2007, but my studies were completed in November of 06 and sticking around for a ceremony of silly capes and hats didn't hold much appeal). My concern is proving that I did maintain permanent ties to the US during those four years. My parents (US citizens as of August/September 2007) stayed in NJ during my uni studies in Australia -- I kept my bedroom at their house during that time. I retained my NJ driver license and used my US credit card while in Australia. I also came back to the US during all winter and summer breaks (i.e. as often as I feasibly could). Not sure if the dates will be at all useful, but here they are:

12/31/2002 - 12/15/2003 in Australia (trip lasting 349 days. I'm aware this breaks continuous residency, so I plan on delaying my N-400 submission until at least December 15 of this year)
01 or 02/??/2004 - 06/28/2004 in Australia (approx 150 days)
07/19/2004 - 12/19/2004 in Aus (153 days)
01/19/2005 - 06/29/2005 in Aus (161 days)
07/15/2005 - 12/29/2005 in Aus (167 days)
01/??/2006 - 06/27/2006 in Aus (approx 150 days)
07/17/2006 - 12/11/2006 in Aus (147 days)

I returned to my parents home in NJ in Dec 2006, lived and worked in NJ for 6 months before moving down to the DC Metro area in May 2007, where I have lived since. Barring a four day trip to Canada in July 07 to see a friend, I've stayed in the States since uni ended.

(As a side note, I never worked in Australia -- I purely went to uni in Australia for cost reasons. Even with the added cost of flights, it was still far cheaper (3000AUD a year) to studying here.)

I'm still roughly 100 days short of the required 913 days physical presence in the US during the past five years (another reason to wait until at least Dec 08 to submit my N-400!), but my real concern is working out how I can prove that I didn't abandon the US as my home during my uni studies. I guess the major problem is that because I was a university student, I have no lease or tax returns from the US to prove my continuous residency in the States. I have had the same Chase Manhattan bank account since 95 or 96, although it will show little activity during that time as I wasn't spending any money from that account. I don't know that even if I could prove that I retained my NJ driver license during my time in Australia -- even renewing it in Jan 2004 -- it'd be of much interest to USCIS. Same goes for using a US credit card.

Any suggestions? I'm pretty fastidious about document/receipt retention, so any thoughts of anything that I could dredge up as documentation would be greatly appreciated!


-- Heather
 
*crickets*


No one has any suggestions? Seriously?

Should I assume that there is no way to prove my continuous residency and just wait to apply until 2011? :eek:
 
*crickets*


No one has any suggestions? Seriously?

Should I assume that there is no way to prove my continuous residency and just wait to apply until 2011? :eek:

Having your parents still living in the US helps especially since you didn't have your own residence in the US to begin with. So I don't really see an issue of abandoning the Green Card being a problem, and none of your last few trips since that long one in 2002 have been longer then 6 months (which usually means that there's a good chance that won't raise any concerns or even reset your clock). So I'm just thinking unless I missed something, that once you get those 100 days in you might be set to go...
 
Did you have a reentry permit during the time you were in University? Did you work while in Australia?
Proof of US residential ties includes proof your parents remained in US, proof of your US address of your parents while you were studying (have your parents write an affidavit stating that your their house remained your main address). Proof of US financial assets (bank accounts, credit cards etc..). US tax receipts (if you were required to file). Proof of US company ownership (if applicable). Proof your schooling was temporary (meaning that you took a program that lasted a specific amount of time).
There have been cases in the past involving schooling overseas that have been approved, but every application is viewed and adjudicated independently, meaning someone's approval under similar circumstance doesn't guarantee your case will be successful as well. On the other hand, someone's denial under similar circumstances doesn't necessarily mean your case will be denied as well.
 
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