Proof of Continuous Residency? What kind of document to obtain specifically?!

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CAHope

Registered Users (C)
I see that some were asked to bring a proof of continuous residency. I might be on the edge of continuous residency requirement and would like to prepare supporting documents in case they request it.

I’m aware of many documents but would like to ask specific question about this two:

1. Proof that you had immediate relatives remaining in the US.
My brother was here and we’re living together. What kind of document should I obtain exactly to prove this?

2. A letter from my bank and credit cards that they were active.
How can I request this from credit card company? What should I ask for specifically credit card customer service?
 
CAHope said:
I see that some were asked to bring a proof of continuous residency. I might be on the edge of continuous residency requirement and would like to prepare supporting documents in case they request it.

I’m aware of many documents but would like to ask specific question about this two:

1. Proof that you had immediate relatives remaining in the US.
My brother was here and we’re living together. What kind of document should I obtain exactly to prove this?
Click to expand...
Notarized letter attesting that he is your brother and remained in the US.

CAHope said:
2. A letter from my bank and credit cards that they were active.
How can I request this from credit card company? What should I ask for specifically credit card customer service?
Click to expand...
Your financial statements showing your address during the time you were away.


However, providing these documents alone is not strong enough evidence of your intentions. What was your travel time line? Did you file US taxes? Did you retain your US employment while away? Did you own a US business? Many factors go into proving you have not broken continuous residency.
 
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CAHope said:
I see that some were asked to bring a proof of continuous residency. I might be on the edge of continuous residency requirement and would like to prepare supporting documents in case they request it.

I’m aware of many documents but would like to ask specific question about this two:

1. Proof that you had immediate relatives remaining in the US.
My brother was here and we’re living together. What kind of document should I obtain exactly to prove this?
Click to expand...

I think from a CR viewpoint, USCIS is interested in immediate family. If you are an adult, that would mean your spouse and children. Don't know if having a brother here is going to help towards CR.
 
USCIS definition of immediate family is spouse, children under 21 and parents.

Your living arrangements with your brother might however still be useful. A notarized affidavit or other proof that you continued to pay mortgage/rent while you were away would be a good idea.

CAHope - would you care to share more details of your trips so that we can comment on the likelihood of you encountering residency trouble or otherwise?
 
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Bobsmyth said:
Notarized letter attesting that he is your brother and remained in the US.
Click to expand...
I appreciate your help.
Still this is not exactly clear to me.
Does he need to write letter by himself confirming that he is my brother and that he lives with me together in apartment, and then take this letter to notary public?
Is there any example how should this letter looks like?

Bobsmyth said:
Your financial statements showing your address during the time you were away.
Click to expand...

A letter from credit card company stating that accounts were active – is not credit card statement. What should I ask specifically credit card customer service to get this letter?
 
boatbod said:
USCIS definition of immediate family is spouse, children under 21 and parents.
Click to expand...

So my sibling is not considered immediate relative by INS? Actually what is correct term to use brother or sibling?

boatbod said:
Your living arrangements with your brother might however still be useful. A notarized affidavit or other proof that you continued to pay mortgage/rent while you were away would be a good idea?
Click to expand...

We are both on lease. What he should write? “CAhope continued to pay his share of rent while he was overseas… And yes I’m CAhope sibling…”
Is there any example how should this letter looks like?
 
CAHope said:
So my sibling is not considered immediate relative by INS? Actually what is correct term to use brother or sibling?



We are both on lease. What he should write? “CAhope continued to pay his share of rent while he was overseas… And yes I’m CAhope sibling…”
Is there any example how should this letter looks like?
Click to expand...

It doesn't matter who you lived with as long as you can show proof you were paying it by rent reciepts etc. Having a letter saying oh they paid rent doesn't show anything other then you got someone who could be anyone pretending that you lived with them. Talk to your landlord about getting proof from them if you do not have any. Utility bills you paid are also things you can use if you were continuing to live there...
 
Since your bother is not considered immediate family to USCIS , you cannot use him as proof of immediate family in US.

To prove US residency while you were away you should provide your rental agreement with your name on lease of US address.
Also, you would want to provide US tax statements for the last few years along with US financial statements with your US address in them.
 
Bobsmyth said:
Since your bother is not considered immediate family to USCIS , you cannot use him as proof of immediate family in US.

To prove US residency while you were away you should provide your rental agreement with your name on lease of US address.
Also, you would want to provide US tax statements for the last few years along with US financial statements with your US address in them.
Click to expand...

From what I've been learning, it looks like the most important document/proof one can provide is proof of employment in the US. IF you do not have that, chances of satisfying the CR requirements are slim unless you had a N-470 filed and approved.
 
WorldCitizen200 said:
Does this mean if your case is a borderline case regarding CR then the fact that the parents live and reside outside of the USA can be used against your case?
Click to expand...

It wouldn't necessarily count against you, unless I suppose you happened to be making repeated extended visits to look after them.
 
CAHope said:
I see that some were asked to bring a proof of continuous residency. I might be on the edge of continuous residency requirement and would like to prepare supporting documents in case they request it.

I’m aware of many documents but would like to ask specific question about this two:

1. Proof that you had immediate relatives remaining in the US.
My brother was here and we’re living together. What kind of document should I obtain exactly to prove this?

2. A letter from my bank and credit cards that they were active.
How can I request this from credit card company? What should I ask for specifically credit card customer service?
Click to expand...

This is what I found in 8 C.F.R. 316.5:

(c) Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.
 
Hello,
Here is my situation:
Recd. GC in Feb. 2003 (Completed 5 yrs).
"In 2004 I went to home country after applying for Advance payrol as my parents were really sick and had to go there to take care of them. During that time I was coming to US every 2-3 months and staying for atleast a month to maintain my residency.
But, 1 trip went over 6 months as I myself was hospitalised and doctors asked me not to travel. I had no choice.During this time I maintained the US address and had active Bank a/c and Credit card.

What kind of documents I should submit to show my intension and continues residence?
Please Help, I am getting ready to file for Citienship and want to send as much suooporting docs as I can.
 
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