Ouside the US for more than 6 months and N-400 application/eligibility:

[sap283]

My mom became permanent resident in July 2009. After that she has two trips that were more than 6 months but less than year. Both times she planned that she will come back soon but due to health issues and family functions couldn't return within 6 months. She is continuously in US since July 2012 now.

Instructions for forms N-400 suggests that if you've been outside the US for more than 6 months but less than a year, you can prove that you didn't break/interrupt the continues residence by supplying transcripts of your tax returns and/or rent/mortgage statements. However,

1. Since has never worked in US/has no income from US or native country, hence never filed tax returns.
2. She lives with me so never paid rent on her name.

So my questions are:

1. What should I include that can explain that she always considered herself US resident since getting green card.
2. If it has to be letter explaining the situations, can someone who knows this stuff be kind enough to give me rough draft?
3. My understanding is that it would be hard for an immigration officer to deny her application, just because she is out of country 2 times for more than 6 months as there is no evidence(positive or negative) to suggest that she ever considered herself nonresident since getting green card. Am I wrong in this thinking?

TIA!

 

[USC2013]

First step prepare taxes since 2009.

 

[baikal3]

My mom became permanent resident in July 2009. After that she has two trips that were more than 6 months but less than year. Both times she planned that she will come back soon but due to health issues and family functions couldn't return within 6 months. She is continuously in US since July 2012 now.

Instructions for forms N-400 suggests that if you've been outside the US for more than 6 months but less than a year, you can prove that you didn't break/interrupt the continues residence by supplying transcripts of your tax returns and/or rent/mortgage statements. However,

1. Since has never worked in US/has no income from US or native country, hence never filed tax returns.
2. She lives with me so never paid rent on her name.

So my questions are:

1. What should I include that can explain that she always considered herself US resident since getting green card.
2. If it has to be letter explaining the situations, can someone who knows this stuff be kind enough to give me rough draft?


3. My understanding is that it would be hard for an immigration officer to deny her application, just because she is out of country 2 times for more than 6 months as there is no evidence(positive or negative) to suggest that she ever considered herself nonresident since getting green card. Am I wrong in this thinking?

On your last question: not only are you wrong, but you are completely wrong. Not having declared herself a non-resident on a tax return does not, in any shape or form, prevent the IO from denying your mother's N-400 application on the grounds of broken continuous residency.

Your question 1 also shows that you have a fundamental misunderstanding of the issues. It does not matter in the least that your mother has always considered herself a U.S. resident after getting a green card. What matters is whether she can prove, with convincing documentary evidence, that during those 6+ months trips abroad she retained close ties to the U.S.
Note that since these trips were over 6 months long, the law shifts the burden of proof on the above points entirely on the applicant and creates an automatic presumption that these trips did break her continuous residency.

What would help in such situations is actual documentary evidence of strong ties to the U.S., such as retaining a U.S. job and/or a U.S. source of income, continuing to rent/own property in the U.S., having immediate family members (such as a spouse and children under 18) remain in the U.S. during the trip, etc. In the case of your mother it looks like the only thing she could claim is that some of her non-immediate family members (such as yourself) did remain in the U.S. during that trip, and that she retained full access to your house during that time. That may not be enough at the end, and her application may still be denied, but that seems to be all that you have to go with.

So I would suggest that you yourself provide a notarized statement saying that your mother has lived with you since becoming an LPR, that you provide both housing and material support for her, and that during the two trips of 6+ months she retained full access to your house, that all her things remained there, that you kept a room specifically set aside for her, and that upon returning from those trips she resumed living with you.

If you claimed your mother as a dependent for those years on your tax returns, it would help if you attach transcripts of your own tax returns for the years in question showing your mother as a dependent. If she had absolutely no income of her own, then I am not sure if for her filing back tax returns for those years with a bunch of 0s in all columns would be of much help, but it certainly could not hurt. So I would do that as well (just make sure that she claims 0 exemptions in the form 1040, since presumably you claimed her as a dependent).

If there is stuff like medical or insurance bills or any other correspondence in her name addressed to your mailing address from the periods when her trips took place, include that as well. If your mother was included in your own health insurance as a dependent, get insurance records showing that.

Plus, of course, your mother should still enclose her own statement explaining in as much detail as possible the circumstances of those two trips and that there were some unforeseen factors that caused her to stay abroad longer than 6 months.

 

[sap283]

So I would suggest that you yourself provide a notarized statement saying that your mother has lived with you since becoming an LPR, that you provide both housing and material support for her, and that during the two trips of 6+ months she retained full access to your house, that all her things remained there, that you kept a room specifically set aside for her, and that upon returning from those trips she resumed living with you.

Great, thanks for the suggestion. I'll include that statement. Do you happen to have format of the letter?

If you claimed your mother as a dependent for those years on your tax returns, it would help if you attach transcripts of your own tax returns for the years in question showing your mother as a dependent.

That's what I thought and I plan to include my transcripts, as she was shown as a dependent.

If she had absolutely no income of her own, then I am not sure if for her filing back tax returns for those years with a bunch of 0s in all columns would be of much help, but it certainly could not hurt. So I would do that as well (just make sure that she claims 0 exemptions in the form 1040, since presumably you claimed her as a dependent).

That was the reason i.e. entering bunch of 0's, I didn't do/file those tax returns. She has nominal pension income from home country, but even converting that into $$$ is very less and puts her well below income requirement threshold for filing tax return.

If she files back tax returns now, would she have to wait couple of months more till she can get transcripts or that can be taken during interview? Because I think if she files all back returns now, IRS transcripts won't be available until July or so of this year.

Also transcripts would show filing/received date by IRS, so if IO looks closely he/she can figure out easily that it was filed recently and I believe that may backfire rather than helping her case. Thoughts?

If there is stuff like medical or insurance bills or any other correspondence in her name addressed to your mailing address from the periods when her trips took place, include that as well. If your mother was included in your own health insurance as a dependent, get insurance records showing that.

She has a bank account with no activity, for which she gets bank statement at my address. I am planning to include that especially for duration she was out of the country.

Thanks again!

 

[baikal3]

Great, thanks for the suggestion. I'll include that statement. Do you happen to have format of the letter?

No, I don't. The best thing you can do is to write such a statement yourself, in your own words.
If the IO sees that you used some kind of a standard template found by googling, the IO is more likely to suspect that something is fishy. But if the statement is obviously written by the writer in his/her own words, the IO is more likely to believe it.

That was the reason i.e. entering bunch of 0's, I didn't do/file those tax returns. She has nominal pension income from home country, but even converting that into $$$ is very less and puts her well below income requirement threshold for filing tax return.

If she files back tax returns now, would she have to wait couple of months more till she can get transcripts or that can be taken during interview? Because I think if she files all back returns now, IRS transcripts won't be available until July or so of this year.

Also transcripts would show filing/received date by IRS, so if IO looks closely he/she can figure out easily that it was filed recently and I believe that may backfire rather than helping her case. Thoughts?

I don't know how long it takes for the transcripts of back returns to become available. (But note that once it does become available, it is possible to download the transcript from the IRS site online; it does not have to be mailed).
For the tax year 2013 I filed the return around Feb 26, and the transcript is already available online now.
I would still suggest that your mother does file those back returns, even if all they show is a bunch of 0s.
It is hard to predict how long it will take for the interview to be scheduled, and the transcripts may well be available by then.

Also, sometimes after the interview the IO asks the applicant to submit additional documentation, and the transcripts might come in handy then, you never know.

 

[sap283]

I would still suggest that your mother does file those back returns, even if all they show is a bunch of 0s.
It is hard to predict how long it will take for the interview to be scheduled, and the transcripts may well be available by then.

Great, thanks again... so you don't think all last 4 years transcripts showing filing/received date of 2014 would look fishy? If IO looks closely he/she can figure out easily that it was filed recently and I believe that may backfire rather than helping her case. Thoughts?

Transcripts do show received date by IRS(i.e. date IRS received tax return).

 

[baikal3]

Great, thanks again... so you don't think all last 4 years transcripts showing filing/received date of 2014 would look fishy? If IO looks closely he/she can figure out easily that it was filed recently and I believe that may backfire rather than helping her case. Thoughts?

Transcripts do show received date by IRS(i.e. date IRS received tax return).

I don't think it would be a problem, so long as your mother is there to provide an explanation.

Regarding the date on a transcript, I am not sure which date IRS actually puts on it. E.g. on my transcript for the 2013 tax year the "received" date in the transcript is April 15, 2014, rather than the date I actually filed the return.

 

[Hannah7]

First step prepare taxes since 2009.

Why preparing tax returns when she clearly didn't have to file? I mean, from what the OP says, she didn't even meet the threshold for filing.

 

[baikal3]

Why preparing tax returns when she clearly didn't have to file? I mean, from what the OP says, she didn't even meet the threshold for filing.

Maybe just to underscore the fact that she did not claim a non-resident status on a tax return.

Plus, to a large extent the IOs are basically bureaucratic paper-counters. The fact that the IO sees in the file a standard piece of paper for such cases, namely a tax return transcript, may still count as a plus, albeit a small plus here.

 

[sap283]

Maybe just to underscore the fact that she did not claim a non-resident status on a tax return.

Plus, to a large extent the IOs are basically bureaucratic paper-counters. The fact that the IO sees in the file a standard piece of paper for such cases, namely a tax return transcript, may still count as a plus, albeit a small plus here.

So what would be better idea i.e.

1. File tax returns, get transcripts and then apply. OR
2. For now provide explanations that I am supporting her, she has dedicated room, she was shown as dependent on my return etc, apply for citizenship now, but still file the tax returns and take the transcripts at the interview. OR
3. For now provide explanations that I am supporting her, she has dedicated room, she was shown as dependent on my return etc, apply for citizenship now, and never file returns.


If IO is too picky - worst thing would be that her petition would be denied based she doesn't meet the basic eligibility criteria to the IO's satisfaction, correct?

 

[Hannah7]

So what would be better idea i.e.

1. File tax returns, get transcripts and then apply. OR
2. For now provide explanations that I am supporting her, she has dedicated room, she was shown as dependent on my return etc, apply for citizenship now, but still file the tax returns and take the transcripts at the interview. OR
3. For now provide explanations that I am supporting her, she has dedicated room, she was shown as dependent on my return etc, apply for citizenship now, and never file returns.


If IO is too picky - worst thing would be that her petition would be denied based she doesn't meet the basic eligibility criteria to the IO's satisfaction, correct?

I am not lawyer, so rely on my advices. I believe you should follow number 3.

You need to be compliant with the IRS. If you need to file, then you need to file and claim yourself to be US resident. A problem could only occur if you filed and claimed yourself as non-resident!

I would prepare a letter "sworn statement" and tell honestly that you are supporting your mom and sign it.