Please help me N400

A

ahalmoht

Registered Users (C)
In 07/01/2010 I become a permanent residence and it was my first day in USA. I got it by my wife.
Now I am preparing N400 form and I have some questions, I would be thankful if you answering me.

N400 Application:

1) Part 6. Point A: Where you have lived during the last five years?

Q1: Should I mention where I had lived before getting the green card?
Q2: I have lived 8 months in Dubai, UAE (I did not stay more than 6 months outside USA). During that period my address still same address (US address), do I need to mention that I had lived in Dubai, UAE in that period?

2) Part 7.Point A: Do I need to count the days before getting the green card? They ask the days outside USA during the past five years. Or just counted the days from the day I have the Green Card?

3) I was in UAE for Job. During the interview what is the best answer if he asked me why you were in UAE?

4) Part 8, point F: This is my first marriage; I think I do not need to fill this section, Right?

5) Part 8, point G: I am the first husband for her; I think I have to put 1 in the box, Right?
Do I need to fill the boxes’# 1,2,3,4, and 5?

6) Part 10: I think the normal case to answer NO for all their questions except H section shall be YES (for sure without being lying).
In 2011 my wife and my baby received food stamp and WIC, What is the correct answer for the following question:
Failed to support your dependents or to pay alimony? YES or NO?

7) I have been working in a company here in USA since July, 2012. In November 2012 the company will transfer me to their head office in Montreal, Canada.
At that time I have 18 months inside USA and never been outside more than 6 months.
I have a US address here (my uncle’s home), a valid driver license, two joint bank accounts, and the tax return for the last there years.
Q1) I will not change my address to Canada, Right?
Q2) What I am thinking right now. In April, 1st, 2013 I have 18 months inside USA, submit the N400 then back to Canada.
Dose it work? Do you have any advices? I am able to enter USA every month when I be in Canada because I will be too near and I keep my US car there, Dose it have any advantage from that? Or it doesn’t matter if I entered US every month or every 5 months?

8) Is it fine to use my office address as my address?

9) Are the following documents will be enough to prove our relation?
• Joint Tax Return.
• Joint account statement.
• Apartment lease for the first year.
• Birthday certificate for our baby.
• Health Insurance.
10) Shall my wife sign the application n400? Shall my wife be in the interview?

Thanks for your replies.
 
That job in Canada could cause your N-400 denial, even if no absence is over 6 months. Working abroad is a big no-no for naturalization, unless it's a short-term contract or you have an approved N-470. But it seems like it's a Canadian company, which would disqualify you from the N-470.

How long will the job in Canada last? If it doesn't have a specific end date, that makes your chances worse.
 
I will move there totally. If i keep to enter USA every Month and back before 1 month of applying my N400, will help?
If i told them i am in Canada Cus my wife doing her PhD will help?

Could you please answer my question in my first post?
Thanks
 
Your plan is a recipe for denial. You can't expect to be still working abroad during the naturalization process, with no definite end date in the near future, and expect to be approved.

That ongoing work outside the US will doom your application, unless it's a US company and you can get an N-470 (note that even though it appears to be a Canadian company, the corporate structure could make it qualify as an US company for N-470 purposes, especially if it's listed on a US stock exchange).
 
Has nobody seen the recent news from Canada? [I saw the headlines and read some articles that came via Google Alerts for immigration. Perhaps try a few search terms or the phrase "Canada revoking citizenship" or something like that.]

They are cracking down on folks playing these games. Canada is in the process of revoking over 3,000 of its recent naturalization cases for people who were "faking residence". One former Canadian Official wrote an Op-Ed claiming that the problem is at least ten-fold bigger than what was admitted in public statements.

The U.S. and Canada share these same concerns so don't be shocked or surprised if similar situations are treated similarly by USCIS.
 
ahalmoht said:
If i stay in USA from applying n400 till the interview , will work?
Click to expand...

No, it won't. The continuous residency requirement must be satisfied all the way to the moment of the naturalization oath, and not just at the time of the interview.
The oath appointment letter will ask you to list all the foreign trips you have taken after the interview and before the oath. Prior to the oath an IO will be doing a check-in and will question you about these trips. If there is a significant continuous residency issue (e.g. if it turns out that you moved to Canada to work there), you will not be allowed to take the oath.

As noted above, if you will be employed in Canada by a U.S. company and do not expect to complete the naturalization process prior to starting that job in Canada (as appears to be the case), you should file form N-470 now. An approved N-470 will exempt you from satisfying the continuous residency requirement, although you will still need to satisfy all the other requirements for naturalization, including the physical presence requirement (unless you are employed directly by the U.S. government).

Note that, quite a part from the Canada thing, your 8-month long stay in UAE may also be a problem in relation to your continuous residency, even if this stay was subdivided into trips less than 6-month long each. It'll depend on what exactly you were doing in UAE, if you took a job there, what kind of ties you retained to the U.S. during that trip, etc
 
Thank you baikal3 for your reply.
As i understood to keep mt residence should not stay outside more than 6 months right? In n400 all questions ask you if ur trip was more than 6 months or not, that is mean if your answer is NO you are in the safe side right?

What is the possibility to get approval for n470?
I understand that form for who going to stay more than a year right?
I will enter USA every months for few days.

If they asked me about UAE what is the best answer? Work or try to open business there ( In that period i had a company here in USA) or what?

Even if they asked me for my trip table at the time of Ott and there will be no any trip more than a 6 month will have any problem?

Will i face any problem for receiving my 10 green card? i am waiting it

What is your net advice?
 
ahalmoht said:
Thank you baikal3 for your reply.
As i understood to keep mt residence should not stay outside more than 6 months right? In n400 all questions ask you if ur trip was more than 6 months or not, that is mean if your answer is NO you are in the safe side right?
Click to expand...

No. Keeping trips under 6 months doesn't make you safe. All trips under 6 months only means you don't have the automatic presumption of breaking continuous residence, but the interviewer can still then look at other facts such as where your employment was and where your spouse/children are staying and the overall pattern of trips, in order to determine whether you broke continuous residence.

What is the possibility to get approval for n470?
Click to expand...
That possibility depends on whether the company you work for meets the criteria to be classified as a US company. Are they incorporated in the US? Are they more than 50% owned by US citizens? Are their shares traded exclusively on a US stock exchange? You might need some help from the company's lawyers to figure it out and give you the relevant documents to submit with the N-470 application.

I understand that form for who going to stay more than a year right?
Click to expand...
No. It should be filed before you've been abroad for a year, but it doesn't require the stay abroad to be more than a year.
 
If i spend around month and a half from the three months of appling N400, will i maintain three months state/district residency requirement ?
 
If you already met the 3-month residence requirement before leaving the US, and then returned to live in the same state/district after you stopped traveling, you would have still met the 3-month requirement.

Your problem is that job in Canada. Without an approved N-470, you're not getting approved for naturalization if you still have that job during the naturalization process.

If you plan to return to the US in about 2 years, get a reentry permit to preserve your green card through those 2 years, then return to the US and rebuild your eligibility for citizenship. Otherwise, if this move to Canada is going to be permanent, surrender your green card at a consulate in Canada with form I-407. That way you won't have to continue to file US tax returns to report your Canadian income, and you would avoid the difficulties that may ensue if they forcibly revoke your green card for spending too much time outside the US.
 
Thank you for your reply.
In coming April i will apply N400, my question is if from Jan_March 2013 will spend around 45 days will maintain my residance (3 months)? please keep in your mind that i spent from July 2012 till November2012 in same place.

I do not have a home or apartment there and i spent the whole period (July_novermber) in the hotle and i have a car registration and insurance from same place, and will change all my bank account address to my office address( which i used it when i applied AR-11) Dose it work?

I work in International company, They have 135 branches around the world, and they send me to project area. now iam in USA tomorrow in Canada mabey after a year back to USA or to maxico so dose it help that they are international company?

Why to return my green card if i able to enter USA every month or two months? I think for the tax if your out side USA and your annuall income less than a 100,000 there is no tax right?
 
ahalmoht said:
Thank you for your reply.
In coming April i will apply N400, my question is if from Jan_March 2013 will spend around 45 days will maintain my residance (3 months)? please keep in your mind that i spent from July 2012 till November2012 in same place.
Click to expand...
I already answered that in the first sentence of post #12.

I do not have a home or apartment there and i spent the whole period (July_novermber) in the hotle and i have a car registration and insurance from same place, and will change all my bank account address to my office address( which i used it when i applied AR-11) Dose it work?
Click to expand...
Not if you're still working there during naturalization (unless you have an approved N-470).

I work in International company, They have 135 branches around the world, and they send me to project area. now iam in USA tomorrow in Canada mabey after a year back to USA or to maxico so dose it help that they are international company?
Click to expand...
If they meet the criteria (which can be complex) to qualify as a US company under USCIS rules, you can get an N-470.

Why to return my green card if i able to enter USA every month or two months?
Click to expand...
Returning to the US once every 2-3 months won't preserve your green card indefinitely. After 2-3 years of doing that they'll notice your travel pattern of spending 80%+ of every year outside the US. That will ultimately lead to questions or investigations of why you're spending so much time abroad, and when they find that it's because you're working abroad your green card will be in jeopardy. When do you plan to stop working abroad? 2 years? 5 years? No idea? If you work abroad, it should be a temporary assignment with a known end date, otherwise both your green card and citizenship eligibility are at great risk.

I think for the tax if your out side USA and your annuall income less than a 100,000 there is no tax right?
Click to expand...
That exemption is for people who are bona fide residents of another country, and claiming it could jeopardize your green card.

But what you can do is use the Canadian taxes paid to offset against your US taxes, according to the available tax treaties and/or foreign tax credits (complex rules, so get an accountant).

In either case, whether you use that $100K exemption or use treaties and credits to cancel out most or all of your US tax liability, you would still have to file US tax returns and report your worldwide income, and then use the relevant rules to reduce or eliminate your US taxation. To avoid filing altogether, your income would have to be very low like under $9000/year.
 
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So do you advice me when i move to Canada to return my US address my TX once i have apartment there?
Have a driver licence in ME and address and car registration and bank account will not give them any indication that i am residance there?

From where can i know what the the critieres for US company?
 
ahalmoht said:
So do you advice me when i move to Canada to return my US address my TX once i have apartment there?
Have a driver licence in ME and address and car registration and bank account will not give them any indication that i am residance there?
Click to expand...
If you stop working in Canada and then return to the US and apply for citizenship, those things might help. But if you're still working in Canada (without N-470) when you apply, and don't have a known end date in the near future, you're doomed and doesn't really matter what else you do.

From where can i know what the the critieres for US company?
Click to expand...
You must have spent at least 12 consecutive months inside the US as a permanent resident to qualify for the N-470. If you don't have that, you won't get it regardless of what kind of company it is.

The criteria for the company isn't straightforward, and there have been court cases over it. The second half of the page linked below has a summary of the conditions, but the reality is more complex and you will need your company to help you figure it out.
http://www.immigration.com/greencard/reentry-permit/reentry-permit-and-n-470
 
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