Need your advice please - especially JoeF, Rahul, Gabby etc.

[MainBheeCitizen]

Hello folks – may I please have your advice. I plan to file for the citizenship around October 2005. I did alter my residency plans based on advice that I received from several helpful members on this board earlier.

Can you please give me your take on the situation just prior to application for me and my wife after the revised scenario:

In the years prior to applying for citizenship,
For myself:

2001: Totally about 4.5 months stay in the US. rest out of US.
2 trips one of 4 months duration and the other of about
6.5 months (paychecks received in US from own company).

2002: Totally about 9 months stay in the US.
Out of US for 3 months (part of 6.5 month trip undertaken in 2001).

2003: Totally about 10.5 months stay in the US.
1 trip of 1 month duration
1 trip of 6 weeks that overlaps into the first trip mentioned in 2004.

2004: Totally about 10.5 months stay in the US. Out of US for 1.5 months
1 trip of about 6 weeks duration (continuation of last trip of 2003).
3 trips of about 8 days duration each.
1 trip of 2 weeks duration.

2005: Totally about 5.5 months stay in the US (up to June 2005).
Rest out of US.
1 trip of 8 days.
2nd trip of 4 months (leave June 2005 - return in October 2005).
FILE CITIZENSHIP APPLICATION based on 90 day rule.
Plan to be out of US after that – returning at time of FP and interview

This gives physical presence of 40 months at time of application. At all times, pay taxes in US, draw salary from own, US based company. Do not maintain apartment after leaving in June 2005.

For my spouse:

2001: Totally about 3.5 months stay in the US. rest out of US.
1 trip of 11.5 months duration (paychecks received in US
from own company).

2002: Totally about 9 months stay in the US.
Out of US for 3 months (part of 11.5 trip undertaken in 2001).

2003: Totally about 11 months stay in the US.
1 trip of 1 month duration.
2nd trip of 4 months duration (continues into 1st trip in 2004)

2004: Totally about 4 months stay in the US. rest out of US.
1 trip of 4 months duration (same as last trip of 2003). Followed by
stay for 2.5 months
1 trip of 4 months duration. Followed by stay for 1.5 months.
1 trip of 3 months duration (continues into 1st trip in 2005).

2005: Totally about 4 months stay in the US. rest out of US.
1 trip of 3 months duration (continued from last trip in 2004).
Followed by stay for 3.5 months.
2nd trip of 4 months (leave June 2005 - return in October 2005).
FILE CITIZENSHIP APPLICATION based on 90 day rule.
Plan to be out of US after that – returning at time of FP and interview

This gives physical presence of 30 months at time of application for my spouse.

Thanks to all of you for your inputs – TRULY appreciate your help!

 

[Rahul Kumar]

MBC,

You are making us do a lot of work!! If you leave in 6/05 you need to return, stay 3 months minimum and then apply. If I were you I'd get a lot of docs to prove I did not intend to abandon residency in 01 (6.5 month absence)

 

[MainBheeCitizen]

THANK YOU, RAHUL & JOEF - TRULY APPRECIATE YOUR ADVICE.

Thanks Rahul/Joef. I sincerely appreciate your time in reviewing my long post.
Yet I have the "audacity" to ask another since you folks are so knowledgable and balanced.

Why do I need to come back and stay for another 3 months before I apply? I will be out of the US on a project - receiving Salary and paying taxes in the same state from where I depart (even during the time I am gone). I run a small company that does part of the work in India - hence the necessity to be there for longer durations. Does the "3 month reside in state" rule really matter to me - since I continue to reside in the same state - simply away from the US for work reasons.

The same also applies to my wife - her case is admittedly tougher because of the 11.5 month absence in 2001. We'll leave that to the benevolence of God and the discretion of the BCIS. She, like me, also pays taxes in the US and gets her Salary in the US even during the time she's away in India.

Thanks again - your patience, time and advice is TRULY appreciated.

 

[MainBheeCitizen]

Please let me have your comments - applying in October

Hello,

I am currently away from the US on a project (away from June 2005). Apartment is being maintained in the state of filing since April 2005 (1 year lease). Salary being drawn in US, all taxes being paid in the US, Utility, Telephone bills being paid in the US. Plan to be back in the US in October for a month - plan to file then. Will then be away again for 6-9 months - will come back for fingerprinting and interview when called by BCIS.

Physical Presence 30 month requirement has been comfortably completed for myself, will be completed in October 2005 for spouse prior to application.

As mentioned in earlier posts, I have a 6.5 month absence in 2001 - spouse has 11.5 month absence in 2001 - both are work related with salary, taxes in the US at ALL times. This is what makes us apprehensive.

May I please have your comments - I truly appreciate your help!

THANKS AGAIN!