What is your travel timeline?(ie was the 1.5 years outside US all at once or in segments?)
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Approved! Continuous Residency OK.
- Thread starter immigrateful
- Start date
What is your travel timeline?(ie was the 1.5 years outside US all at once or in segments?)
Jackolantern
Registered Users (C)
Why do you think accepting the US offer would hurt your application for US citizenship? The thing that might damage your application already happened ... the 1.5 years in India.Hi All,
I have got an offer from an Indian company to join there US office, i was wondering if accepting this offer would have any implications on my citizenship application ( which i will be making in apr 2009)
the reason i am asking is that i was away from the US for close to 1.5 yrs ( i did everything possible to maintain my continous residency) and worked for this company in india, now i have moved to US, but the company want me to continue working with them in US. So i will be a US employee.
The travel outside US was in segments.
i left US in may 2007, visited US in OCT for 10 days to maintain the continuous residency, then left in end of Oct 07 and came back in Apr 08.
And then finally moved back permanently to US in AUG 08.
So none of my trips have been over 6 months. I also had a joint lease for an apt while i was gone.
i know we have had a detailed discussion on this forum about how doing the close to 6 months trips don't help or hurt your application, but that has happened and is thing of the past so i don't want to worry about it now.
my concern is that the company that is offering me this job in US is India based and i worked for them while i was away from US, so i dont want the IO to think that i am here on a transfer or something.
Thanks
i left US in may 2007, visited US in OCT for 10 days to maintain the continuous residency, then left in end of Oct 07 and came back in Apr 08.
And then finally moved back permanently to US in AUG 08.
So none of my trips have been over 6 months. I also had a joint lease for an apt while i was gone.
i know we have had a detailed discussion on this forum about how doing the close to 6 months trips don't help or hurt your application, but that has happened and is thing of the past so i don't want to worry about it now.
my concern is that the company that is offering me this job in US is India based and i worked for them while i was away from US, so i dont want the IO to think that i am here on a transfer or something.
Thanks
visited US in OCT for 10 days to maintain the continuous residency, then left in end of Oct 07 and came back in Apr 08.
As stated too many times on this board, comming back for short visits do not maintain continuous residency. The IO will determine what does and what doesn't. Comming back for a short time like that means nothing to the IO, it's the amount of time looked at, what you were doing while away, what you did to preserve your residency here while you were away etc. is what the IO will judge if you broke or didn't break your continous residency, not a short little trip back and then leaving again...
immigrateful
Registered Users (C)
i am here since Aug 08 and will be eligible in APr 09. So i will have completed 9 months when i apply.
i will have one short trip in DEC of maybe 8-10 days, so am hoping am safe.
Also while i was gone, i was on a joint lease for an Apt.
Thanks
Sansu - I had 3 short 5-7 day trips in October, April and again in October of consecutive years. While interviewing, I was asked about whether I rented the apartment by myself and how much rent I paid.
Regarding your specific query - I do not recall the exact number anymore but I was inside the US roughly 990 days or roughly 70-80 days above the minimum required number.
Immigrateful,
Thanks a lot for your reply.
While i was away (jun 2007 - aug 2008, did have short trip to US) i was on a joint lease for an apt and i was not paying the rent myself, the roommate was paying the rent and utility bills.
Do you think being a joint lease would be a problem ? if yes - what extra proof do you think i might need to gather.
Thanks...
Thanks a lot for your reply.
While i was away (jun 2007 - aug 2008, did have short trip to US) i was on a joint lease for an apt and i was not paying the rent myself, the roommate was paying the rent and utility bills.
Do you think being a joint lease would be a problem ? if yes - what extra proof do you think i might need to gather.
Thanks...
immigrateful
Registered Users (C)
Immigrateful,
Thanks a lot for your reply.
While i was away (jun 2007 - aug 2008, did have short trip to US) i was on a joint lease for an apt and i was not paying the rent myself, the roommate was paying the rent and utility bills.
Do you think being a joint lease would be a problem ? if yes - what extra proof do you think i might need to gather.
Thanks...
I was asked the actual and exact dollar amount of the rent I paid and whether I paid this by myself and in full. My IO made notes of these numbers on the form. It looks like this information was an important aspect in the decision making process.
Our situations are slightly different here - I was talking about my situation at the time of the interview and the immediate 1.5 years after my return to the US for good - not during the 2 year absence. You actually seem to be on stronger footing.
Immigrateful,
Elsewhere in this thread you mentioned about filing taxes as a nonresident (California), but later corrected it by filing CA-540. I have filed once in New Jersey as a non resident because I was working and living 5days a week in NY and returning to NJ only on weekends, so my tax preparer advised me to file as a NJ non resident. This was about
7-8 yrs ago and so do not come under last 5 yrs of tax returns. Do you think I should similarly rectify my "NJ non resident tax return"? I have applied for N400 and want to be on the safe side at the interview time.
Elsewhere in this thread you mentioned about filing taxes as a nonresident (California), but later corrected it by filing CA-540. I have filed once in New Jersey as a non resident because I was working and living 5days a week in NY and returning to NJ only on weekends, so my tax preparer advised me to file as a NJ non resident. This was about
7-8 yrs ago and so do not come under last 5 yrs of tax returns. Do you think I should similarly rectify my "NJ non resident tax return"? I have applied for N400 and want to be on the safe side at the interview time.
Jackolantern
Registered Users (C)
You are expected to be a resident of only one state at a time. If you filed as a resident in NY, it is OK to file as a nonresident of NJ.Immigrateful,
Elsewhere in this thread you mentioned about filing taxes as a nonresident (California), but later corrected it by filing CA-540. I have filed once in New Jersey as a non resident because I was working and living 5days a week in NY and returning to NJ only on weekends, so my tax preparer advised me to file as a NJ non resident. This was about
7-8 yrs ago and so do not come under last 5 yrs of tax returns. Do you think I should similarly rectify my "NJ non resident tax return"? I have applied for N400 and want to be on the safe side at the interview time.
Hi All,
I have my naturlization interview on 11/7. I have one trip that lasted 9 months after I initially received my greencard. I understand that I need to prove that I did not bandon my residence in the states. The reason I went back was finish my university degree instead of losing all the credits I had finished. Here is what I have:
-Transcripts showing that I was stuyding when I was overseas
-I was a dependent of my mother (US Citizen) at that time. I have proof that she was here in the states at that time (mortgage statement, pay stubs, affidavit from friends)
- I have proof that I was on my mother's health insurance
- I have proof that my mother claimed me as a dependent on her tax returns
- W2 showing income earned in my 1st year (i worked part-time for the summer when I arrived to receive my greencard)
Is that sufficient to prove I did not abandon my residence? Is the education reason strong to convince the officer at the interview?
I have my naturlization interview on 11/7. I have one trip that lasted 9 months after I initially received my greencard. I understand that I need to prove that I did not bandon my residence in the states. The reason I went back was finish my university degree instead of losing all the credits I had finished. Here is what I have:
-Transcripts showing that I was stuyding when I was overseas
-I was a dependent of my mother (US Citizen) at that time. I have proof that she was here in the states at that time (mortgage statement, pay stubs, affidavit from friends)
- I have proof that I was on my mother's health insurance
- I have proof that my mother claimed me as a dependent on her tax returns
- W2 showing income earned in my 1st year (i worked part-time for the summer when I arrived to receive my greencard)
Is that sufficient to prove I did not abandon my residence? Is the education reason strong to convince the officer at the interview?
Check out the post from andrea4prez who already had interview and was asked to provide more information.
You may be expected to show evidence of US residential ties for the entire 5 year statutory period, depending on the IOs interpretation of the facts presented.
You may be expected to show evidence of US residential ties for the entire 5 year statutory period, depending on the IOs interpretation of the facts presented.
Jackolantern
Registered Users (C)
Did she become a US citizen before you were 18? Were you in the US as a permanent resident staying with her when you were under 18?-I was a dependent of my mother (US Citizen) at that time.
If Yes to both, you may already be a US citizen.
9 months absence
My GC application was accepted in 2003. I came to the states to receive my GC in June 2003. I stayed for the summer and had to go back by September 2003 to finish education credits. Afterthat, I came back to the states again during the summer in June 2004 then went back to my home country by September 2004 for to finish one more semester. I transferred to a US University in Jan 2005 (My overseas school had an agreement with one school in the US. I could not have transferred before then per the agreement between the school due to a min number of credit hours that must be completed before the transfer). I have letters from both schools acknowledging the agreement and the transfer requirement. Since 2005, I have been in the states continiously, with the May 2006 (I have my transcripts). Afterthat, I started working full time and I have my tax returns for 2006 & 2007.
My issue is the initial 9 months absence period. I am provinding the following to prove that I did not abandom my residence:
- Overseas education transcrips and letters from both schools
- Proof that a primary relative (my mother) was in the states (pay stubs, mortgage statements, affidavits from friends)
- My mother's tax return showing me as a dependent at the time
- A letter from my health insurance provider showing that I did have coverage although I was overseas for education (since the US was my primary residence)
Sorry for the extensive details - I am just trying to give you a full picture. Does it sound like I covered all basis?
Check out the post from andrea4prez who already had interview and was asked to provide more information.
You may be expected to show evidence of US residential ties for the entire 5 year statutory period, depending on the IOs interpretation of the facts presented.
My GC application was accepted in 2003. I came to the states to receive my GC in June 2003. I stayed for the summer and had to go back by September 2003 to finish education credits. Afterthat, I came back to the states again during the summer in June 2004 then went back to my home country by September 2004 for to finish one more semester. I transferred to a US University in Jan 2005 (My overseas school had an agreement with one school in the US. I could not have transferred before then per the agreement between the school due to a min number of credit hours that must be completed before the transfer). I have letters from both schools acknowledging the agreement and the transfer requirement. Since 2005, I have been in the states continiously, with the May 2006 (I have my transcripts). Afterthat, I started working full time and I have my tax returns for 2006 & 2007.
My issue is the initial 9 months absence period. I am provinding the following to prove that I did not abandom my residence:
- Overseas education transcrips and letters from both schools
- Proof that a primary relative (my mother) was in the states (pay stubs, mortgage statements, affidavits from friends)
- My mother's tax return showing me as a dependent at the time
- A letter from my health insurance provider showing that I did have coverage although I was overseas for education (since the US was my primary residence)
Sorry for the extensive details - I am just trying to give you a full picture. Does it sound like I covered all basis?
Did she become a US citizen before you were 18? Were you in the US as a permanent resident staying with her when you were under 18?
If Yes to both, you may already be a US citizen.
No, I was overseas when she became a citizen
My GC application was accepted in 2003. I came to the states to receive my GC in June 2003. I stayed for the summer and had to go back by September 2003 to finish education credits. Afterthat, I came back to the states again during the summer in June 2004 then went back to my home country by September 2004 for to finish one more semester. I transferred to a US University in Jan 2005 (My overseas school had an agreement with one school in the US. I could not have transferred before then per the agreement between the school due to a min number of credit hours that must be completed before the transfer). I have letters from both schools acknowledging the agreement and the transfer requirement. Since 2005, I have been in the states continiously, with the May 2006 (I have my transcripts). Afterthat, I started working full time and I have my tax returns for 2006 & 2007.
My issue is the initial 9 months absence period. I am provinding the following to prove that I did not abandom my residence:
- Overseas education transcrips and letters from both schools
- Proof that a primary relative (my mother) was in the states (pay stubs, mortgage statements, affidavits from friends)
- My mother's tax return showing me as a dependent at the time
- A letter from my health insurance provider showing that I did have coverage although I was overseas for education (since the US was my primary residence)
Sorry for the extensive details - I am just trying to give you a full picture. Does it sound like I covered all basis?
Sounds like you have your bases covered in trying to prove US residential ties for the 9 month period. An affidavit from your mother stating that you lived with her when you arrived in US before you left for 9 months wouldn't hurt.
Jackolantern
Registered Users (C)
Did you enter the US after she became a citizen and before you turned 18?No, I was overseas when she became a citizen
9 months absence
Thanks for the info bobsmyth!
Would I need anything else in addition to what I already have and an affidavit from my mother? Some folks told me to get bank account records or work info in the US. I worked in the summer when I first arrived for a few weeks. I have the W2 for that summer job. I will also check on a bank account statement for an account I oppened a that time - It might show a few hundred dollars that I deposited from my summer job income.
Any other advise? I am really concerned about any issues that might arise due to my 9 months absence..
Sounds like you have your bases covered in trying to prove US residential ties for the 9 month period. An affidavit from your mother stating that you lived with her when you arrived in US before you left for 9 months wouldn't hurt.
Thanks for the info bobsmyth!
Would I need anything else in addition to what I already have and an affidavit from my mother? Some folks told me to get bank account records or work info in the US. I worked in the summer when I first arrived for a few weeks. I have the W2 for that summer job. I will also check on a bank account statement for an account I oppened a that time - It might show a few hundred dollars that I deposited from my summer job income.
Any other advise? I am really concerned about any issues that might arise due to my 9 months absence..
Did you enter the US after she became a citizen and before you turned 18?
Thanks Jackolantern!
I entered when she was a citizen, but I was over 18.
Waiting - N400 CFR Requirenment
Here is my case
In USA since 1992
GC - 2001.
N470 Approved - Jan 2003 (Overseas posting for US employer)
Overseas - Jan 2003 - May 2007
May 2007 - Back working for same company
N400 applied Oct 2008
FP - Dec 4 2006
Maintained US residence, filed US resident taxes for all years. My wife joined me overseas and she got N400 approved on above basis.
Anything I should be preparing for the IO interview ?
Anyone pls advice
Here is my case
In USA since 1992
GC - 2001.
N470 Approved - Jan 2003 (Overseas posting for US employer)
Overseas - Jan 2003 - May 2007
May 2007 - Back working for same company
N400 applied Oct 2008
FP - Dec 4 2006
Maintained US residence, filed US resident taxes for all years. My wife joined me overseas and she got N400 approved on above basis.
Anything I should be preparing for the IO interview ?
Anyone pls advice