Regardless of the 4 years +1 day rule, the letter the OP received is requesting evidence that he did not abandon his residency since becoming a LPR if he had a trip more than 6 months. It's best to obtain the documents that the letter requests and see if the IO asks for them at interview instead of trying to argue the continual residency requirements with the IO or hope he doesn't ask for them.
Citizenship Interview - Tax related questions
- Thread starter narayana7
- Start date
He got the Case File Review Notice / Interview Document CheckList which I guess is a standard checklist from the user guide. ( unless I am mistaken)
Narayana, are you talking about the N-659 notice or this was something else that you got?
I did a quick search that a lot of people got N-659 with the IL.
Narayana, are you talking about the N-659 notice or this was something else that you got?
I did a quick search that a lot of people got N-659 with the IL.
The questions come directly from the N-659 IL checklist (question 5) that comes with every IL notice . Since this pertains to the OPs situation, he should obtain the required documentation in case the IO asks for it at the interview. It doesn't mean he has to openly divulge it, but he should have it in case the IO asks for it.
Erm.. the sample affidavit seems a little bit odd in terms addressing the fact that someone's residence remained as the applicant's during his trip. It almost appears just like a statement offered by someone saying " I am a resident of XXX".
Well, if you could kindly clarify its proper usage, I would appreciate it
? I don't think the form question is asking him to provide evidence to support a falsehood.... He, in fact, DID NOT reside in the US during the period in question, therefore it's okay not to have evidence of such (nonexistent) residency....
Anyway, he didn't ABANDON residency and can provide his re-entry permit as evidence. He did, however, BREAK continuous residency since he stayed out for over a year. The break doesn't matter for his application since he is applying based on 4 year + 1 day, which starts from when he returned AFTER breaking continous residency.
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Question 5 on N-659 relates to any abandonment of US residential ties during entire time as LPR, not abandonment of LPR status.That's why it asks for rental/mortage agreement, and not re-entry permit.
You're confusing physical residence with LPR status; they are not the same thing. You can keep your LPR status when traveling outside the US for more than 1 year by obtaining a re-entry permit, but in order to prove that you did not abandon your physical residence in the US for any stay outside the US for more than 6 months you must be ready to provide documents such as lease/mortgage agreement, tax receipts, location of immediate family, proof of US business (if applicable).
Again, a re-entry permit is to keep your LPR status for travel more than 1 year but less than 2 years, not to show that you didn't abandon your physical US residence.
For example, it's possible to retain your LPR status with a re-entry permit if you leave the country for less than 2 years, but in the mean time you sell your US house and therefore no longer can have physical US residency ties.(ie you broke continual residency).
On the other hand, if you leave the country for more than 6 months you can demonstrate that you did not intend to break your continuous residence requirement for naturalization purposes by showing a copy of your US lease agreement /mortgage, etc for the time you were out the country. In other words, you do not have to be physically residing in the US to prove that you did not break continual residence requirement for naturalization.
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Bobsmyth,
I don't think we're disagreeing as to the basic principles. I am not confusing status as a LPR with continuous residency requirement for purposes of the N-400 application - I think I was pretty clear in distinguishing the two in my responses. We're disagreeing on how it applies to OP. LPR status is not an issue for him. He applied for a re-entry permit (which he should bring to interview). The question is one of continuous residency. You seem to think that he didn't, or arguably didn't, break continuous residency and therefore should provide evidence as per the form question. I think, based on OP's absence of over a year, that he irrefutably DID break continuous residency and therefore has no evidence to provide. However, I don't think it matters because he's applying based on 4 + 1 rule. Seems to me getting an affidavit somehow arguing he was continuously resident (when he wasn't) is at best a waste of time and at worst unnecessarily raises red flags that could confuse the interviewer on the continuous residency question when it's not even an issue for OP's application.
I don't think we're disagreeing as to the basic principles. I am not confusing status as a LPR with continuous residency requirement for purposes of the N-400 application - I think I was pretty clear in distinguishing the two in my responses. We're disagreeing on how it applies to OP. LPR status is not an issue for him. He applied for a re-entry permit (which he should bring to interview). The question is one of continuous residency. You seem to think that he didn't, or arguably didn't, break continuous residency and therefore should provide evidence as per the form question. I think, based on OP's absence of over a year, that he irrefutably DID break continuous residency and therefore has no evidence to provide. However, I don't think it matters because he's applying based on 4 + 1 rule. Seems to me getting an affidavit somehow arguing he was continuously resident (when he wasn't) is at best a waste of time and at worst unnecessarily raises red flags that could confuse the interviewer on the continuous residency question when it's not even an issue for OP's application.
I'm not arguing that he didn't break continuous residence with his 19 month trip..it's clear by the rules that any trip over 1 year automatically breaks continuous residence.
What I am arguing is what question 5 on N-659 form is requesting; that the OP should obtain evidence that he retained his physical address ties in the US as he considered his sister's address as his primary abode during the time he was outside the county. Again, I'm going by what the letter is requesting and not trying to deny that he indeed did break continuous residence during his 19 month trip. I agree, the evidence may not even be required at the interview, but it's being requested. It's better to have the documents that are requested rather than assume they won't ask for them at the interview.
What I am arguing is what question 5 on N-659 form is requesting; that the OP should obtain evidence that he retained his physical address ties in the US as he considered his sister's address as his primary abode during the time he was outside the county. Again, I'm going by what the letter is requesting and not trying to deny that he indeed did break continuous residence during his 19 month trip. I agree, the evidence may not even be required at the interview, but it's being requested. It's better to have the documents that are requested rather than assume they won't ask for them at the interview.
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First I got I-797 Notice of Action from USCIS, informing me to attend the interview on Aug 28, and in the letter they asked to bring
- This letter
- Your Alien Regn Card
- Your passport and other other docuementd ----
--
On the next day I got another mail from from USCIS Lees Summit MO 64064 and the document color is in yellow and I did not find any number, but simply stays Revision 8 Page 1 of 1.
On the reference column it is mentioned as Case File Review Notice / Interview Document Check List and it says -
after a complete review of your file and Application for Natulization (Form N 400) this office has found additional documentation may be needed, unless previously submitted. Please bring the below requested documents to your naturlization inteview.
- You should be properly attired and be on time for your interview ----
On the following there are check marks these documents .
a) Bring your state issued drivers license or state issued photo ID card.
b) Bring all passports and travel documents (including expired and current) issued to you by any government.
c) If you taken a trip outside US that lasted for 6 months or more since becoming LPR bring evidence you did not abandon your residence or terminate your employment in the US nor abandon your US abode (IRS return t ranscript or federal taxes returns rent or mortgage payments utility bills etc).
d) If you have taken a trip outside the US that lasted for 6 months or more since becoming LPR brin an original IRS 1722 letter, listing tax information for the past 5 years (or 3 years if you are applying on the basis of marriage to a US citizen). For assistance , call IRS Toll free number etc..,
----
I have applied for IRS 1722 - they have record from 2004 and for 2003 I did not file tax return as I was not here. However, I have tax return filed for 2002
My question from 2002 June to Aug 2004 my permanent address as per USCIS record are my sister home address and I use to get all my bank statements mails to this address only. Since I did not pay any utility bills or mortgage payments on any house or property, Is it OK to tell the IO the same.
I am bit confused please guide me what to tell to IO during the interview.
Also are there any other documents, affidavit do I need to obtain?
Please have your suggestions.
Thanks
Narayana7
The questions you received are basically identical to question 1 and 5 on the N-659:
http://www.visajourney.com/gallery/displayimage.php?pid=10881&fullsize=1
Since the letter is specifically asking you to obtain this evidence after they reviewed your case, you should obtain an affidavit signed by your sister that her address was your principal address for the time you were out of the country. it doesn't mean they will ask for it at the interview, it just means you should have it with you at the interview.
http://www.visajourney.com/gallery/displayimage.php?pid=10881&fullsize=1
Since the letter is specifically asking you to obtain this evidence after they reviewed your case, you should obtain an affidavit signed by your sister that her address was your principal address for the time you were out of the country. it doesn't mean they will ask for it at the interview, it just means you should have it with you at the interview.
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Thank you very much for the advice I will obtain affidavit from my sister as per this. Let us pray GOD everything will go smooth at the interview. Any other suggestion like what attire should I wear, like full suit or jacket etc.,
Thanks
Narayana7
Unless you wear suits on a regular baiss, wear a professional business casual outfit that you are comfortable in. Some people think business suits make them look professional, but in reality they make them look uptight since they aren't used to wearing them.
Revision 8 page 1 of 1
Thanks for the update.
In this forum I am coming across the Names I 797 and N 659. In fact I have received I 797 but I have not received N 659, I have received another document called Revision 8 page 1 of 1 which is in yellow in colour from NBA Lees summit MO. Is anyone here received such document? If so, is it similar like N 659.
Appreciate if some one can address on this.
Thanks
Murthy