continuous residency break and rebutal per 316(b)

[kt1978]

I have greencard through my husband (greencard through employment) since April' 2004. I did not apply for N-400 in 2009 when I became qualified based on 5 year rule. In the mean time my mother's health deteriorated and I had to go overseas to take care of her. I only intended to be there for couple of months but ended up being there for 11 months (continuous residency broken). In the mean time my husband maintained his stay in U.S.A, until I returned back to U.S, and filed us (me and my U.S citizen daughter) as dependents in 2009 return.

We developed differences after I came back and we separated (not divorced yet) and I had to start my life allover (never worked my whole life and was dependent on him with no credit cards, bank account or any other support system). I have started working since Nov' 2010 and have filed 2010 returns separately with me and my daughter on tax returns.

I have filed my N-400. In order to rebut continuous residency breakage per 316(b), I can show tax transcripts for 2007-2010 (filed as resident and obtained from IRS) and lease agreement with my Husband's name which shows his regular payments until May' 2010 (he vacated the apartment and moved to a different place and there is no way for me to obtain new lease agreement without his help). I have my husband's 3 credit reports from equifax, transunion and experian showing he has revolving credit card accounts with monthly payment details until March 2011. I also have a doctor letter showing my mother was recommended complete bed rest and some of test reports performed on her to prove I did not take employment overseas and was only there to take care of my mother.

My husband and I are not on talking terms and he would not provide any other details including his Greencard A-Number or residency details etc. What else can I do to substantiate my claims of continuous residency at the time of my interview? Is it advisable to continue my application or withdraw and wait for 4 year and 1 days?

 

[Jackolantern]

You already filed it. There is no use in withdrawing; the money is already gone, and denial for breaking continuous residence will not hurt your future applications. Go through with the interview and see what happens.

I have my husband's 3 credit reports from equifax, transunion and experian showing he has revolving credit card accounts with monthly payment details until March 2011.

That is useless. His credit report is irrelevant to your naturalization and continuous residence.

 

[BigJoe5]

8 CFR 316.5

(c) Disruption of continuity of residence —(1) Absence from the United States —(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States; [Irrelevant to you personally as a home maker--neutral weigh as to your evidence.] [However, the family breadwinner did retain U.S. employment. Positive factor.]

(B) The applicant's immediate family remained in the United States; [Your husband stayed in U.S., what about your daughter? And what age is she?]

(C) The applicant retained full access to his or her United States abode; or [You had a place to return to in the U.S. even if it later deteriorated.] [Positive factor.]

(D) The applicant did not obtain employment while abroad. [You did not.] [Positive factor.]

Now you add in the reason and that supporting medical evidence and that will also be a positive factor. You have a good case and a good chance of overcoming the presumption.