4 years + 1 day rule help needed...

S

SF2009

Registered Users (C)
Hi Guys I got my citizenship back in 2009. I am filing for my wife now on basis of 4 year + 1 day rule.
She became PR in june 05
Traveled home country on March 06 and returned on Oct 07 (on re entry permit). Since my kids were too small, she wanted to take a break and stay with her parents. While she was away with my kids,
I was staying alone here and filed all taxes etc..
She has 3 more trips to home country after oct 07
94 days in summer 2010
10 days in Mar 2011
and
58 days in summer 2011. She is eligible for n400 on basis of 4 years + 1 day rule now (SF DO).
I have few questions.
1. Do we need to enter the long trip (596 days) on n-400 Part 7 c?
2. She does not drive and has no DL. We applied for state id but there was some error on her id like sex hair color etc.. . we have been trying to change that for more than one year but every time we do it .. it comes back with same errors. I am not sure if We will ever get that fixed. IS IT OK IF SHE DOES NOT HAVE A SATE ID? can she use her passport as her secondary id during interview?
3. We do not have mortgage stubs or rental payment stubs or bank statement etc.. to show as ties to US while she was away. All I have is irs transcripts from the year 2004 to 2010. Is that enough?
4. She never worked in the US till date. So no individual bank account etc...

Is it worth applying now or wait for 1 more year and then apply?

Thanks for reading and any feedback, suggestions greatly appreciated.

Thanks in advance.
 
Last edited by a moderator:
SF2009 said:
1. Do we need to enter the long trip (596 days) on n-400 Part 7 c?
2. She does not drive and has no DL. We applied for state id but there was some error on her id like sex hair color etc.. . we have been trying to change that for more than one year but every time we do it .. it comes back with same errors. I am not sure if We will ever get that fixed. IS IT OK IF SHE DOES NOT HAVE A SATE ID? can she use her passport as her secondary id during interview?
3. We do not have mortgage stubs or rental payment stubs or bank statement etc.. to show as ties to US while she was away. All I have is irs transcripts from the year 2004 to 2010. Is that enough?
4. She never worked in the US till date. So no individual bank account etc...
Click to expand...

1. The form says to list all trips of over 24 hours since becoming a permanent resident. Why do you think it shouldn't be listed?

2. Yes she can use her passport and GC for ID ... but do you have anything in writing from the state explaining the license rejection? Is the rejection based on discrepancies the DMV found when they checked her immigration records? You need to talk to a DMV supervisor about that problem, and if that doesn't work contact your Senator and/or Congress(wo)man. It's ridiculous that she still can't get an ID, and if you don't clear this up it could cause bigger problems.

Did she update her Social Security card after getting the green card?

3. You don't have any evidence that you stayed in the US while she was away?

4. What about joint accounts?
 
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