Need Advice please on my usc N 400

[rheabs]

Hi all,

I need some advice please on my N 400 Application and i wonder what you guys input is on my situation please.
Im married to a usc since 2003 been a pr since may 25th 06 and have a usc 9 yr old son with my wife also..

The question i wanted to put to you members is that in the early days of becoming a pr card holder in 06 i made several trips outside the us for personal and family matters..
ever since i became a pr i/we have filed joint us taxes ever since 06 onwards.

On the N 400 form part 7 Question A,B,C
it ask for the last 5 yrs of days outside the us and not 3 yrs as my application is based on being married to a us spouse and living in the us. (3 yr rule)
On the uscis requirements it states i must have in the past 3 yrs been physical in the us 18 months from the last 3 yrs...which i have,,,,but 06/07 that my travel time is iffy on paper...as if i where to put down all my travel dates outside the us the last 5 years they could get confused and knock back my application cas they might think i dont meet the requirements...based on 5yrs and not 3 yrs travel.

Ive read on other forums that this is a typo error or that the uscis choose not to give another option for N- 400 applicants based on being married to a us citizen spouse.
Ive also read that some applicants on part 7 Question "A" based on filing on marriage cross out the 5years and write in 3 years and then write in there travel dates based on 3 yrs instead of 5 years....do you think crossing out thye 5 to a 3 years is a good idea or bad? cas like i said if i write down the last 5 years of travel they might get confused.
same thing for Part 7 Question "B" again cross out 5 and write 3 years...again what you guys think?
On part 7 Question "C" i was thinking of puting all my time outside the us for the last 5 years as then it shows that im not trying to hide anything on "any" travel dates

Or maybe it might be best to say stuff it write down all the 5 years of travel and give them a cover letter about this part of the application..

For your info here is my travel dates total days outside us past 3/5yrs
Date left.....05/07/2010....date returned...07/13/2010 36 days outside
Date left.....05/15/2008...date returned....07/10/2008 56days outside

Date left.....03/16/2008..date returned....04/28/2008 43 days outside

Date left.....02/22/2008..date returned....02/23/2008 1 days outside

date left 09/20/2007.....Date returned....12/23/2007 94 days outside

Date left.....08/17/2006 ....Date returned...08/02/2007 total days outside 350 (broken p.r. clock)

so the last 5 yrs of being outside the us is total 580 days since 06 that looks iffy
now the last 3 yrs looks and sound a lot better 136 days outside in 3 yrs

 

[baikal3]

Hi all,

I need some advice please on my N 400 Application and i wonder what you guys input is on my situation please.
Im married to a usc since 2003 been a pr since may 25th 06 and have a usc 9 yr old son with my wife also..

The question i wanted to put to you members is that in the early days of becoming a pr card holder in 06 i made several trips outside the us for personal and family matters..
ever since i became a pr i/we have filed joint us taxes ever since 06 onwards.

On the N 400 form part 7 Question A,B,C
it ask for the last 5 yrs of days outside the us and not 3 yrs as my application is based on being married to a us spouse and living in the us. (3 yr rule)
On the uscis requirements it states i must have in the past 3 yrs been physical in the us 18 months from the last 3 yrs...which i have,,,,but 06/07 that my travel time is iffy on paper...as if i where to put down all my travel dates outside the us the last 5 years they could get confused and knock back my application cas they might think i dont meet the requirements...based on 5yrs and not 3 yrs travel.

Ive read on other forums that this is a typo error or that the uscis choose not to give another option for N- 400 applicants based on being married to a us citizen spouse.
Ive also read that some applicants on part 7 Question "A" based on filing on marriage cross out the 5years and write in 3 years and then write in there travel dates based on 3 yrs instead of 5 years....do you think crossing out thye 5 to a 3 years is a good idea or bad? cas like i said if i write down the last 5 years of travel they might get confused.
same thing for Part 7 Question "B" again cross out 5 and write 3 years...again what you guys think?
On part 7 Question "C" i was thinking of puting all my time outside the us for the last 5 years as then it shows that im not trying to hide anything on "any" travel dates

Or maybe it might be best to say stuff it write down all the 5 years of travel and give them a cover letter about this part of the application..

For your info here is my travel dates total days outside us past 3/5yrs
Date left.....05/07/2010....date returned...07/13/2010 36 days outside
Date left.....05/15/2008...date returned....07/10/2008 56days outside

Date left.....03/16/2008..date returned....04/28/2008 43 days outside

Date left.....02/22/2008..date returned....02/23/2008 1 days outside

date left 09/20/2007.....Date returned....12/23/2007 94 days outside

Date left.....08/17/2006 ....Date returned...08/02/2007 total days outside 350 (broken p.r. clock)

so the last 5 yrs of being outside the us is total 580 days since 06 that looks iffy
now the last 3 yrs looks and sound a lot better 136 days outside in 3 yrs

Don't improvise, don't be creative and just answer the questions exactly as they are asked in the form. At the interview, when going over the answers in the form, remind the IO that you are applying based on the 3-year rule.

 

[BigJoe5]

That last long absence is over 6 months but less than a year (barely) BUT it is irrelevant as 8 CFR 316.5(c)(1)(ii) provides a remedy to fix the break in continuous residence, in your case, to just wait 2 years and one day before filing an N-400. More than that has already elapsed. 8/2/07 + 2 yrs = 1 day is 8/3/09.

Worrying over nothing......

 

[Bobsmyth]

Your statutory period is 3 years so only trips in last 3 years are used for continuous residence and physical presence determination even if N-400 asks to disclose last 5 years by default.

 

[rheabs]

sound advice guys Thank you..

i did read up on 8 CFR 316.5(c)(1)(ii) and it looks and sounds like im good to go to file "2 yrs and 1 day rule" which has passed...
do you guys think its best to write a little cover letter or attach a sticky note about the basis of my application is based on the 3 yr marriage rule or just leave that be? as im not really sure if its best to bring more attention to this matter than need be..what you guys think?

I did want to ask though on the N-400 requirements it ask for taxes "past 3 yrs" which i have tax returns forms "8879" for 2007, and 08, 09 is forms 1040 which shows joint tax filing for them years and all of them have 2 or 3 pages attached to them...is this called the transcripts? and what the uscis is looking for?
sorry to be so dense at this but wanted to make sure before i send this stuff off to them..
Also given my travel history should i also send in taxes for 06 or should i just wait and deal with that if ask..

Thanks Members for your time & Advice

 

[Al Southner]

sound advice guys Thank you..


do you guys think its best to write a little cover letter or attach a sticky note about the basis of my application is based on the 3 yr marriage rule or just leave that be? as im not really sure if its best to bring more attention to this matter than need be..what you guys think?

Ignore cover letters, they are childish and brings attention to an issue which should be minor. USCIS is tasked with reviewing your eligibility, indicating to them your basis for applying is required on the application itself. If you have time, ink and paper to waste, do a cover letter....

 

[baikal3]

sound advice guys Thank you..

i did read up on 8 CFR 316.5(c)(1)(ii) and it looks and sounds like im good to go to file "2 yrs and 1 day rule" which has passed...

You do not need 8 CFR 316.5(c)(1)(ii) since during the last 3 years (2010, 2009, 2008) you did not have any long trips abroad. You can just use the plain 3-year rule. You had a long trip in 2007 but that trip is not relevant for your continuous residency since 2008.
Just check box B in part 2 of N-400 - that will indicate that you are applying based on the 3-year marriage rule.

 

[rheabs]

Yep i agree..and thank you

could you answer my second Question about Tax forms...have i got the correct tax return form they require?..the tax return forms i have is called 1040, 1040 A and o7 form i have is called 8870 all of the forms is 2/3 pages with all the joint tax fileing...i just want to be sure this is what they require

Thanks guys for your input on my matter..

 

[baikal3]

Yep i agree..and thank you

could you answer my second Question about Tax forms...have i got the correct tax return form they require?..the tax return forms i have is called 1040, 1040 A and o7 form i have is called 8870 all of the forms is 2/3 pages with all the joint tax fileing...i just want to be sure this is what they require

Thanks guys for your input on my matter..

They don't want to see copies of actual tax forms themselves at all. Rather, you need to obtain IRS tax return transcripts and tax account transcripts from IRS - those things will have all the required information and they'll show that you don't owe any federal taxes.
A tax return transcript for a given year (for a specific s.s.n) will show a fairly detailed summary of whatever form (1040, 1040A, 1040EZ, or whatever) the taxpayer in question filed for a particular year - you may want to request them for your spouse' s.s.n. as well, just in case. A tax account transcript will show the record of all tax payments to and from you for a given year as well as the final balance (hopefully zero balance) showing that you don't owe any taxes for that year.

You can request tax return transcripts and tax account transcripts for free by calling IRS automated system at 1-800-908-9946, see http://www.irs.gov/individuals/article/0,,id=110571,00.html

 

[rheabs]

Dam...so the 1040s ive got is no good for immigration what so ever..
i did call the irs and she pulled myself and wife up as joint filers from 06, to 09 and said she will send the transcripts out to me but might take upto 2wks.
Dam i thought i had all this sorted..
No point of sending this N-400 off until them transcripts come in..

Just want to ask though..have you got to ask for the tax transcripts from the IRS or should they auto send them to you after you filed your taxes? cas all we get back from HRS Block is 1040 e forms with 2 maybe 3 pages of a breakdown of what we payed and what maybe is coming back.

Thanks

 

[baikal3]

Just want to ask though..have you got to ask for the tax transcripts from the IRS or should they auto send them to you after you filed your taxes? cas all we get back from HRS Block is 1040 e forms with 2 maybe 3 pages of a breakdown of what we payed and what maybe is coming back.

Thanks

IRS won't automatically send you the transcripts, you have to ask for them. If you are really in a hurry, you could try visiting a local IRS office in person - there must be one in your area, do a google search - they may be able to print out the necessary transcripts for you right there, on the spot.

 

[rheabs]

Yep Nice one...
i shall do that now...if there is a local IRS office i will get there in the morning..

What a pain..never simple is it..

Thanks

 

[rheabs]

yes we have a local IRS office and services they do provide is Copies of Tax Returns & Transcripts (Usually available for current year and three prior years)
Not sure if they do this for Free though unlike when you call the main IRS office they have no charge...but the most they charge me for a photo copy of them..

Also i thought ill read up again of what sort of documents they need again and i came across this..

Documents referring to you and your spouse:
Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or
Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or
An IRS tax return transcript for the last three years.

so it looks like they don't need the transcripts as the returns will be good....but just to be on the safe side im stillgoing down to Uncle sam and getting them transcripts in the morning....they can have them all then..

 

[rheabs]

Got the Tax Transcripts from the local Uncle sam Thanks guys..

on looking at them, each year of transcripts is from 4 to 7 pages for each year....do i send all of this stuff? theres more paperwork there than on my 1040s..
any input on this please..

Thanks

 

[Bobsmyth]

Got the Tax Transcripts from the local Uncle sam Thanks guys..

on looking at them, each year of transcripts is from 4 to 7 pages for each year....do i send all of this stuff? theres more paperwork there than on my 1040s..
any input on this please..

Thanks

No need to send transcripts with application. Just bring them to interview in case IO asks for supporting evidence.