Do I need to be Physically Present in the state before filing

G

goelm

New Member
Hi:

This issue has been discussed before but I am not still clear.

My 5 years of green card will be up in Aug 2007 and I am planning to visit USA every six months.

My state of residence for all the five years will be PA.

Do satisfy the 3 months before filing N-400, do I need to be "physically" present in the state PA even if I am maintaining a residence, business interest and filing taxes in PA?

In 2007 , I will be involved in business activity overseas and cannot leave everything and hang around doing nothing in USA for 3 months.
 
US Domicile is required. If you maintain residence, file PA resident taxes etc, then you should be fine.

In my opinion you dont have to be physically present in PA as long as you

a) Domicile in PA
b) Intent to make and are in PA as your permanant abode


Advice:
Dont just visit the country once in 6 months. Dont act as if you are trying to do the bare minimum.. Do you qualify for N470?
 
goelm said:
Hi:

This issue has been discussed before but I am not still clear.

My 5 years of green card will be up in Aug 2007 and I am planning to visit USA every six months.
Click to expand...

I may be wrong, but if you are coming for a couple weeks every 6 months you are "screwing around" with your physical presence requirement (30 of the last 60 months).

While you may not loose your permanent residence, I doubt you'll qualify to file N-400

Yalag
 
I would be satisfiying the 30 month physical presence requirement since I got PR in Aug 2002 and I have been in US since then.

I am not sure if I would qualify for N-470 but would like to know.

I own partnership interest in two companies I founded, who would be engaged in propotion of international trade. Part of the reason I am leaving the US is to pursue trade opportunties and development of business for these companies.

So the question is, to qualify of N-470, do you have to be employed by a US organisation or could it be a company in which you hold business interest.

Thanks!


Rahul Kumar said:
US Domicile is required. If you maintain residence, file PA resident taxes etc, then you should be fine.

In my opinion you dont have to be physically present in PA as long as you

a) Domicile in PA
b) Intent to make and are in PA as your permanant abode


Advice:
Dont just visit the country once in 6 months. Dont act as if you are trying to do the bare minimum.. Do you qualify for N470?
Click to expand...
 
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