Can I submit our N-400 and expect a favorable response?

J

JoeyGoodFellow

New Member
Hi,


I have been reading your responses and thought maybe you can help me decide to submit (or not) our N-400s.

Based on the following circumstances, I would like to get your take on my situation and see if I have a good chance in getting our applications approved:

1. LPRs since 03/2008
2. Resided in the same home US address since 12/2006
3. My US-based employer sent me to our Canada branch for a temporary work assignment
4. Start of temporary assignment 10/2012
5. Made several trips to and from US and CA from 10/2012 to 06/2014, with the longest trip lasting 6 months or more.
6. We applied for and received I-131 before the longest trip.
7. Filed AR-11s from home US address to a cousin's US address, serving mainly as mailing address
8. Temporary residence in Canada from 11/2012 to 06/2014, provided by employer. Note: I did not submit an AR-11 for this
9. Filed US income tax returns, no gap since 2006
10. Maintained US banks, paid mortgages, continued to paid by my US employer from the US
11. Returned to US residence on June 28, 2014.

12. I plan to submit N-400 for me, my wife, and 18-yr old son.


If I submit the N-400s, in the coming weeks (Dec 2014), do you think I can expect a positive outcome?

Also, how do I complete Part 4. Information About Your Residence? Do I include the cousin's address used mainly for mailing which I submitted an AR-11 for? Or do I put the Canada temp address instead? Or both?

Thanks for any input.
 
Thanks Lucy.

When you say "unless you can prove otherwise", can you give examples on how I can prove that I did not disrupt continuous residence?

I found this "calculator" (.immihelp.com/us-citizenship-eligibility-calculator/) and after completing the questionaire I received a response saying I am qualified for naturalization. Would you trust this calculator?
 
JoeyGoodFellow said:
When you say "unless you can prove otherwise", can you give examples on how I can prove that I did not disrupt continuous residence?
Click to expand...

Show your ties to the US during the 6+ month absence, such as owning a home, maintaining a US bank account, having a spouse and/or minor children who remained in the US for most or all of that absence.

Employment abroad during a long trip is a no-no, however that can be mitigated if you show that it was an assignment for your US employer... unless your absence was 12 consecutive months or more, in which case you'll be automatically denied unless you have a qualifying exception such as military service or an N-470.

I found this "calculator" (.immihelp.com/us-citizenship-eligibility-calculator/) and after completing the questionaire I received a response saying I am qualified for naturalization. Would you trust this calculator?
Click to expand...
It is only a basic eligibility calculator, which does not account and cannot account for various disqualifying factors involving complexities or gray areas such as criminal records or continuous residence issues. So do not rely on it for your situation.
 
Jackolantern said:
Show your ties to the US during the 6+ month absence, such as owning a home, maintaining a US bank account, having a spouse and/or minor children who remained in the US for most or all of that absence.

Employment abroad during a long trip is a no-no, however that can be mitigated if you show that it was an assignment for your US employer... unless your absence was 12 consecutive months or more, in which case you'll be automatically denied unless you have a qualifying exception such as military service or an N-470.


It is only a basic eligibility calculator, which does not account and cannot account for various disqualifying factors involving complexities or gray areas such as criminal records or continuous residence issues. So do not rely on it for your situation.
Click to expand...

Thanks Jackolantern. I appreciate the input.

We kept our home, paid mortgage, maintained US banks. However, the assignment was accompanied so I took the chance to take my entire family with me. Will this be an issue?

Also, the assignment overseas is for my US employer and I plan to include an employment data record in my application to prove this.

Will having I-131s help our case?
 
JoeyGoodFellow said:
Thanks Jackolantern. I appreciate the input.

We kept our home, paid mortgage, maintained US banks. However, the assignment was accompanied so I took the chance to take my entire family with me. Will this be an issue?
Click to expand...
Having your whole family abroad with you weakens your case a little bit, so you'll have to rely on other positive factors such as keeping your house and bank accounts in the US. Dig up all the mortgage statements and bank statements spanning the 6+ month absence.

Also, the assignment overseas is for my US employer and I plan to include an employment data record in my application to prove this.
Click to expand...
Good. It helps if you can show that you had the same US employer before, during, and immediately after the 6+ month absence.

Will having I-131s help our case?
Click to expand...
Probably not. They usually don't ask or care about that unless your absence was a year or longer.
 
Jackolantern said:
Having your whole family abroad with you weakens your case a little bit, so you'll have to rely on other positive factors such as keeping your house and bank accounts in the US. Dig up all the mortgage statements and bank statements spanning the 6+ month absence.


Good. It helps if you can show that you had the same US employer before, during, and immediately after the 6+ month absence.


Probably not. They usually don't ask or care about that unless your absence was a year or longer.
Click to expand...

Thanks again, Jackolantern.

Follow-up question: How do I present my addresses in the N-400 form?

There are three addresses in consideration:
1. My original home address
2. My cousin's home address, which I used as mailing address
3. My address in Canada while on assignment, concurrent with having the mailing address in the US.

We have our home rented so I had to have another US address and my cousin offered his address as a mailing address while we are away. I filed AR-11 for that.

However, when we went to Canada, I did not think about submitting another AR-11.

When we are about to move back to our original home address, I filed another AR-11; from my cousin's address to my original home address.

Do you see any issue with the above situation? And again, how best do you think should I present my addresses?
 
Here's an update on our N-400 application:

Mail in Application: 12/15/2014
Received at Lockbox (Dallas, TX): 12/18/2014
Received Text/Email Receipt Notification: 12/22/2014
Received I-797C Letter: 12/29/2014 ..."Upon receipt of all required Record Checks, you will be scheduled to appear for an interview..."
Priority Date: 12/18/2014

...wait continues.
 
You're not supposed to file AR-11 for addresses outside the US, so you were not expected to file one when staying in Canada. The purpose of AR-11 is to track your movements within the US. Notice that the form doesn't even have a space where it asks for the country.
 
Here's an update on our N-400 application:

Mail in Application: 12/15/2014
Received at Lockbox (Dallas, TX): 12/18/2014
Received Text/Email Receipt Notification: 12/22/2014
Received I-797C Letter: 12/29/2014 ..."Upon receipt of all required Record Checks, you will be scheduled to appear for an interview..."
Priority Date: 12/18/2014
Received I-797C Letter for Biometric: 01/12/2015
Scheduled for Biometric: 01/20/2015, 01/23/2015 (wife)
Received Yellow Letter: 12/14/2015, I answered yes on receiving citations for traffic violation, they are asking for court documents :( so far no luck in getting those


What do you propose I do about the documents they are asking for regarding the citations? I have requested for driving history and I see no record of those citations.

I appreciate any response. Thanks.
 
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