Citizenship eligibilities

M

m_abraham12

Registered Users (C)
Hi,
I am new to this site. It seems very helpful:)

I am a green card holder for 11yrs and i am looking forward to apply for my
citizenship.

The problem is tht I have only 25 months out of 30 months of physical presence in the US during the last 5 years eventhough there is no break of more than 6 months. As my husband is an Indian citizen who works in London, I travel back and forth from NY to london after we got married in Jan 2003. I have re-entered USA in every sixmonths without any break.

Few times I used to stay only few weeks (altogether 65 days,2 months) but not completed one month cycle, during my reentry to US....does that count to the 913 days or does it have to be always full month cycles?
Do they count the number of days or number of months/years of physical
presence in the United states?

Am i eligible to apply for my citizenship in 3 months of time? Or shall wait for another 5 months to apply for it?

Thank you so much for your time. :)
 
Everything is measured in days. You are also allowed full credit for partial days - i.e. those days which you either entered or departed the US.
 
Thank You:)

Thank you so much boatbod...It means so much to me as i am in a pathetic situation of being away from my husband for this continous residency and physical presence in the US.
As to your opinion i guess i can apply for my citizenship 2 months earlier than i expected.That ofcourse is a good news for me:)
In previous 5 yrs i havnt filed tax twice in this country...Is tht going to be a problem during my paperwork/interview? From the forums i came to know that filing tax is an important document to show proof of continous residency/income. Is there any other ways to show continous residency?
 
m_abraham12 said:
Thank you so much boatbod...It means so much to me as i am in a pathetic situation of being away from my husband for this continous residency and physical presence in the US.
As to your opinion i guess i can apply for my citizenship 2 months earlier than i expected.That ofcourse is a good news for me:)
In previous 5 yrs i havnt filed tax twice in this country...Is tht going to be a problem during my paperwork/interview? From the forums i came to know that filing tax is an important document to show proof of continous residency/income. Is there any other ways to show continous residency?
Click to expand...

it depends on the reason why you have not filed tax. If you are not required to file in those years (for example, you have no income), then there is no issue.
 
m_abraham12 said:
Thank you so much boatbod...It means so much to me as i am in a pathetic situation of being away from my husband for this continous residency and physical presence in the US.
As to your opinion i guess i can apply for my citizenship 2 months earlier than i expected.That ofcourse is a good news for me:)
In previous 5 yrs i havnt filed tax twice in this country...Is tht going to be a problem during my paperwork/interview? From the forums i came to know that filing tax is an important document to show proof of continous residency/income. Is there any other ways to show continous residency?
Click to expand...
It is really pitiable that u.s.a has such kiddish laws...where a permanent resident cant be with his family,yet a non immigrant is lucky enough to be with his family.
No offence to ppl in non-immigrants status,we are all humans...its just sad that some laws are messed up where families are torn apart thanks to some senseless laws...


best of luck and sincerely pray for your success...
 
Coming to the point,i do not wish to provoke any one...i just want to make sure u go through the process with no problems..
where are u currently based at...if u are in u.s.a,please stay back for a few more months.Remeber that the next few months might sound long but it will defnitely resolve ur issues as i am pretty sure the 2 of u would be anxious to move back to the u.s....
I would strongly recommend you to hold on to ur papers for a few more months,file ur taxes for 2006...again its just a matter of what 4 months from now?
Remeber that there are a lot of times where io's ask for the tax returns of previous 3 years...
you can altogethor ignore this posting as this could be completely wrong...
do check with what Ron/joe have to say about u at immigrationinformation.com
 
I am staying here in US now with my family...have no plans to go back to UK until I apply for my citizenship:(..afterall the law require us to stay here in the US 3 months prior to filing for the citizenship...
I am not working at the moment and i havnt worked in US during 2006...I am preparing for my board exam tht i need to take soon...So i dont know if will be able to work and file tax for this year...do u think its going to be a big issue?

Also i read from the forum tht its against the law for my spouse to apply for visitor or student visa..is it so? wht kind weird law is tht...he still havnt applied for one...how abt business visa thru his company? Is tht against the law too?
Heard H1 and L1 are not against the law since the US needs highly skilled people from abroad...
It is so unfair on the LPRs tht they cant bring their spouse/children to US neither they cant leave the country for no more than 6 months. I hope they will reenact the V-visa for LPRs...actually i have signed the petition online and asking my friends to do the same...

http://devforums.immigrationportal....ion/signatoryForm.php?petId=7&action=sendMail
or
http://petitiononline.com/unitefam/petition.html

I really hope the congressmen and the govt will take necessary step ASAP
 
Filing taxes every year is important as it not only (minimally) helps establish continuous residency, but also demonstrates an attachment to the US Constitution. This may not sound like a big deal, but USCIS attaches great importance to anything suggesting a naturalization candidate might not believe in the founding principles of the US.

Not sure how to recommend you proceed... I understand your desire to be reunited with your husband, but have somewhat of a nagging feeling you may have a difficult path ahead.
 
m_abraham12 said:
I am staying here in US now with my family...have no plans to go back to UK until I apply for my citizenship:(..afterall the law require us to stay here in the US 3 months prior to filing for the citizenship...
I am not working at the moment and i havnt worked in US during 2006...I am preparing for my board exam tht i need to take soon...So i dont know if will be able to work and file tax for this year...do u think its going to be a big issue?
>>>Law does not require you to stay in the united states for 3 months prior to applying for n400.Law states that you should be at a particular address for 3 months before applying for citizenship.You can have a world tour before applying for citizenship,as long as your residential adress in states do not change.I hope you understnd what i am trying to say.



Also i read from the forum tht its against the law for my spouse to apply for visitor or student visa..is it so? wht kind weird law is tht...he still havnt applied for one...how abt business visa thru his company? Is tht against the law too?
Heard H1 and L1 are not against the law since the US needs highly skilled people from abroad...
It is so unfair on the LPRs tht they cant bring their spouse/children to US neither they cant leave the country for no more than 6 months. I hope they will reenact the V-visa for LPRs...actually i have signed the petition online and asking my friends to do the same...

http://devforums.immigrationportal....ion/signatoryForm.php?petId=7&action=sendMail
or
http://petitiononline.com/unitefam/petition.html

I really hope the congressmen and the govt will take necessary step ASAP
Click to expand...
 
query11. said:
Coming to the point,i do not wish to provoke any one...i just want to make sure u go through the process with no problems..
where are u currently based at...if u are in u.s.a,please stay back for a few more months.Remeber that the next few months might sound long but it will defnitely resolve ur issues as i am pretty sure the 2 of u would be anxious to move back to the u.s....
I would strongly recommend you to hold on to ur papers for a few more months,file ur taxes for 2006...again its just a matter of what 4 months from now?
Remeber that there are a lot of times where io's ask for the tax returns of previous 3 years...
you can altogethor ignore this posting as this could be completely wrong...
do check with what Ron/joe have to say about u at immigrationinformation.com
Click to expand...

Don't understand your recommendation, either. As far as physical presence, she is all set to go and file right now. You can file 3 months before 5 years that you satisfy both physical and continuance.

If not qualified, don't understand what is 4 more months will have any effect on this application. I can understand you want her to delay to 2007 and file 2006 tax, but that is not required if you are otherwise qualified. Plus, if you really want, you can file tax right now based on your estimated earining, or any time.
 
boatbod said:
Filing taxes every year is important as it not only (minimally) helps establish continuous residency, but also demonstrates an attachment to the US Constitution. This may not sound like a big deal, but USCIS attaches great importance to anything suggesting a naturalization candidate might not believe in the founding principles of the US.

Not sure how to recommend you proceed... I understand your desire to be reunited with your husband, but have somewhat of a nagging feeling you may have a difficult path ahead.
Click to expand...

If she can explain the tax issue, I don't see any difficulty in this case. If she fails to file tax where required, however, there is no reason for IO to approve the case. That is why I asked why she is not filing Tax for 2 years, which she did not answer.
 
naturalizer123 said:
If she can explain the tax issue, I don't see any difficulty in this case. If she fails to file tax where required, however, there is no reason for IO to approve the case. That is why I asked why she is not filing Tax for 2 years, which she did not answer.
Click to expand...

I see potential difficulty surrounding proof of residency with those extended back-to-back absences. Certainly there may be no single absence longer than 6 months, however when taken as a bigger picture, it seems fairly clear (to me) that residence has been overseas for some time. Add to that failure to file income taxes and I wouldn't want to be the person sat facing the IO.
 
boatbod said:
I see potential difficulty surrounding proof of residency with those extended back-to-back absences. Certainly there may be no single absence longer than 6 months, however when taken as a bigger picture, it seems fairly clear (to me) that residence has been overseas for some time. Add to that failure to file income taxes and I wouldn't want to be the person sat facing the IO.
Click to expand...

It she maintains residence in US, rent, mortgage, bank, bills, other family memebrs..and blah..blah... then she is OK. If she does not have all that, and along with tax issue, I agree with you. But again, those are things that she did not mention in the OP, so we have no way of knowing it.
 
naturalizer,i just wanted to make sure she has 3 yrs of tax returns before she applies... :)
there are plenty of ppl who have been rejected on the basis of failing to file for taxes...
again failing to file for taxes is a strong case on which cases can be denied..
law clearly states u need to file for taxes even if u havent made a single penny..and uscis checks to make sure that appliant has filed for taxes in the last 3 years.
just want her to be on the safe side ...anyways like i said i could b wrong feel free to ignore my comments.
 
Last edited by a moderator:
m_abraham12 said:
Hi,
I am new to this site. It seems very helpful:)

I am a green card holder for 11yrs and i am looking forward to apply for my
citizenship.

The problem is tht I have only 25 months out of 30 months of physical presence in the US during the last 5 years eventhough there is no break of more than 6 months. As my husband is an Indian citizen who works in London, I travel back and forth from NY to london after we got married in Jan 2003. I have re-entered USA in every sixmonths without any break.

Few times I used to stay only few weeks (altogether 65 days,2 months) but not completed one month cycle, during my reentry to US....does that count to the 913 days or does it have to be always full month cycles?
Do they count the number of days or number of months/years of physical
presence in the United states?

Am i eligible to apply for my citizenship in 3 months of time? Or shall wait for another 5 months to apply for it?

Thank you so much for your time. :)
Click to expand...
 
query11. said:
naturalizer,i just wanted to make sure she has 3 yrs of tax returns before she applies... :)
there are plenty of ppl who have been rejected on the basis of failing to file for taxes...
again failing to file for taxes is a strong case on which cases can be denied..
law clearly states u need to file for taxes even if u havent made a single penny..and uscis checks to make sure that appliant has filed for taxes in the last 3 years.
just want her to be on the safe side ...anyways like i said i could b wrong feel free to ignore my comments.
Click to expand...

What you said is not true. There is no such requirment of only 3 years. As a matter of fact , 5 years should be more accurate. If you failed to file tax in the past 5 years when required, you will have difficult time with IO and lead to denial, even you have 3 years of filing. That is because you cannot show any intent to abandon residency since you become PR. If you become PR for 10 years, in theory you must be able to show you have file resident tax for 10 years.

There is no law clearly says u need to file tax even you have not made any money. If you think you are right, please point that piece of law to me. In fact, when your income is below certain level, there is no need to file tax. That is why I said you must file IF REQUIRED.

I found that you consistently give wrong information here. Even though people don't have to listen to you, it may hurt your credibility.
 
http://www.irs.gov/pub/irs-pdf/p596.pdf#search="earned income credit"

This should solve your queries...Aperson might not neceserraily has to be employed to make money...
http://www.irs.gov/pub/irs-pdf/p596.pdf#search="earned income credit"

lets take ur advise and see if she tells the io that she has been unemployed and hence did not file for taxes...and the tax papers that the io asks from applicants as proof is for 3 years not 5. by the way dont misinterpret what i said,i am talking of proof for supporting that u filed for taxes.
i agree that my credibility is very much at stake...thanks a ton sir/madam.
 
Last edited by a moderator:
naturalizer123 said:
What you said is not true. There is no such requirment of only 3 years. As a matter of fact , 5 years should be more accurate. If you failed to file tax in the past 5 years when required, you will have difficult time with IO and lead to denial, even you have 3 years of filing. That is because you cannot show any intent to abandon residency since you become PR. If you become PR for 10 years, in theory you must be able to show you have file resident tax for 10 years.

There is no law clearly says u need to file tax even you have not made any money. If you think you are right, please point that piece of law to me. In fact, when your income is below certain level, there is no need to file tax. That is why I said you must file IF REQUIRED.

I found that you consistently give wrong information here. Even though people don't have to listen to you, it may hurt your credibility.
Click to expand...
 
naturalizer123 said:
It she maintains residence in US, rent, mortgage, bank, bills, other family memebrs..and blah..blah... then she is OK. If she does not have all that, and along with tax issue, I agree with you. But again, those are things that she did not mention in the OP, so we have no way of knowing it.
Click to expand...

This is exactly the reason I was trying to avoid being drawn into offering an opinion. There are too many unknowns to offer good advice beyond what's already been give.
 
wow...it seems like i am gonna be in trouble...In the past 5 yrs i have worked only 2 yrs which i have claimed for tax return...other 3 yrs i have been pretty much in UK on depended visa so i didnt work in US at all....
I didnt know if a person not working in US has to file for tax...
I do have paystubs, creditcard and bank statments but no utilitiy bills or mortgage....
Do they reject applicants for not filing for taxes? so wht abt the poeple who are not working or earning any income? does it depend on age or something?

do u think i shud go see a lawyer b4 i apply?

I have got altogether 27 months of physical presence in the US now...I thought i have to wait till i have 30 months/913 days of physical presence BEFORE applying for the citizenship...can u apply b4 2-3 months?
And what shall i do abt the years i havnt filed for tax???
 
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