Can I file for citizenship?

Ifitis2be

Active Member
#1
Hi @Sm1smom @SusieQQQ and everyone,
I became a green card holder through the DV program (lotto)on Jan 20, 2015. I plan on filing for citizenship on March 20 of this year. By then I will have spent 935 days in the US and about 950 away due to the charity work I do in Africa. I have never been away for more than 6 months so have maintained continuous residence, and have maintained residence in my own with the mortgage under my name and my soon to be ex husband living there, etc. So strong ties were always maintained. My first question is to know 1) if I have accumulated enough days to apply. My second concern is that my husband and I are separated but he owes the IRS some $5000 on a 2017 return that was filed with both of our names. I plan on calling the IRS to set up a payment plan even though this is not my debt (I had not worked that year only he did) so that I am not negatively impacted by his lingering debt. My last few tax returns have already been applied to his debt.
Can this existing debt pose a problem even if i set up payment plans? Thanks for your advice snd insights.
 

Ifitis2be

Active Member
#3
Physical present requirement is 913 days in the 5 years before you file so you will meet that https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

I‘m sorry, but I don’t definitively know the answer to the tax issues. I believe that as long as a payment plan is in place with the IRS it should be ok for naturalization, but it might be worth a quick check with an immigration attorney on that issue.
Thanks for your quick response Susie. Will the 5 years prior ro filing be calculated from jan 20, 2015 ( the day i became an LPR) or march 20, 2015 (since i plan on filing on march 20,2020. It makes a difference because I traveled during that time so I am trying to get my count accurate. Thanks
 

SusieQQQ

Well-Known Member
#4
Thanks for your quick response Susie. Will the 5 years prior ro filing be calculated from jan 20, 2015 ( the day i became an LPR) or march 20, 2015 (since i plan on filing on march 20,2020. It makes a difference because I traveled during that time so I am trying to get my count accurate. Thanks
5 years prior to filing is exactly that, 5 years prior to filing.
 
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