Physical presence USCIS Vs IRS

M

MANTECH

Registered Users (C)
I have my interview next month and i am getting worried because of my absence from the US in 2005. In 2005 i got a job with a US firm to work at a client site in another country. I was paid in the local currency of the country. Below is my travel details over the last 5 years:

Date traveled Out Date back to US # of days out
10/11/2001 - 27/11/2001 = 16
11/3/2203 - 16/03/2003 = 5
16/12/2003 - 31/12/2003 = 15
15/11/2004 - 19/12/2004 = 34
7/1/2005 - 2/4/2005 = 85
20/04/2005 - 9/10/2005 = 172
17/10/05 - 8/4/2006 = 173
18/4/2006 - 12/7/2006 = 85
22/07/2006 - 31/08/2006 = 40

TOTAL DAYS OUT = 625

When i filed for my taxes in 2005, my accountant filed form 2555 (Foreign Earned income with the statement Employer -a foreign affiliate of a US company with my 1040. On the form, the accountant stated - physically present in a foreign country or countries for the entire 12 month period.

My question - is the physical presence for IRS the same as the physical presence for USCIS?
Will the IO think that i abandoned the US even though i was working for a US company at a client site in another country and being paid locally there.
Does anyone have a similar situation. Any information or advice will surely be helpful.
 
Search the forum for "form 2555". You may have done a "bad thing" relative to your N-400 status.
 
On form 2555:

Part II - Taxpayes Qualifying under Bona Fide Residence Test was not completed by my Accountant.
Part III - Taxpayers Qualifying Under Physical Presence Test was completed = Physically present in a foreign country for the entire 12 month period.

How does this affect me - Good/bad?
 
You're in a tricky position. Do you have any supporting evidence to prove the overseas assignment was temporary? Some sort of contract or letter from your employer might suffice.

Maybe its also time to seek help from an immigration lawyer experienced with this type of issue.
 
You must log in or register to reply here.
Top