Proof of continuous residency
- Thread starter venushaa
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Xavier Rocoplan
Registered Users (C)
query11 said:
there are clear stipulations on N470, i dont think everyone can apply... one has to be carefull... else you can kiss your immigration good bye...
Xavier Rocoplan
Registered Users (C)
i think the less info you provide is better, as that opens the pandora box of further questionning. i am assuming that your interview/test is done and you are waiting for the response? i think the officer shall only look at the N-400 section where you have mentioned your travels outside USA. I had provided my rental agreement and tax returns copy, which they dint bother to look at during the interview. they just looked at the travel section of N-400 and asked us to provide tax transcripts.... i hope this answers your question.Anami said:
I just heard from my company lawyer that there is no need to provide proof of continuous residency while filing N-400. I should carry it to the interview. She also suggested that I should write my US address for the time I was working in India with an asterisk stating my address in India and writing temporary against it.
Hope this helps others in the same boat.
Hope this helps others in the same boat.
Anami said:
Anami said:
I am in almost similar situation. Before I left US, I took a re-entry permit, got a job in a firm that's based in US, but my job offer was in B'lore, I have travelled few times to US on work to our US branch, have always ensured that I was in the US before 6 months expired so on and so forth.
Now while, filing N400, for the period I was working in India, should I give India address of the employer or the address of my company's headquarters in US?
They also ask about addresses of spouse and children. While I am here in Us to fulfil my residency in a district, they were here for 5 weeks, but otherwise they are in India. What address should I give for them in N400?
Someone please help me. I need to submit the form in 4 days.
I appreciate your help.
Thanks,
Xavier Rocoplan
Registered Users (C)
ok, in that case, i woudl suggest, if possible, to provide tax transcripts i.e. on IRS letter head. But do provide evidence that you have filed taxes. my thinking is that the officer only looks at it when they invite you for the test/interview. Most of the times they review it prior they call for the test/interview. You just need to be prepared to address your reasons of absence from USA as you will be mentioning the dates that you were out of the country....Anami said:
coolguy446
Registered Users (C)
Rep
Can someone please advise whether a person should apply for ReEntry permit if he or she is going out of US for 2 trips with each trip being 5 months in duration and a gap of 1 month between those 2 trips? Does applying for REP reset the citizenship cycle?
Can someone please advise whether a person should apply for ReEntry permit if he or she is going out of US for 2 trips with each trip being 5 months in duration and a gap of 1 month between those 2 trips? Does applying for REP reset the citizenship cycle?
coolguy446
Registered Users (C)
query11 said:
So does it mean that merely applying for REP and using it does not have any affect on citizenship cycle as long as one can prove that the trip was temporary in nature? Then is it recommended to apply for REP even if a person is sure that he or she is going on a trip for < 6 months and has sufficient proof to show that the trip was temporary in nature?
Thanks
coolguy446
Registered Users (C)
query11 said:
Does it make any difference if I am taking 2 trips of < 6 months with a gap of 1 month between those 2 trips? In other words, are you saying that one need not apply for REP if one is going to take multiple trips outside US with each trip < 6 months and a gap of say 3-4 weeks between each of these trips?
soupdragon
Registered Users (C)
I was prepared for my continuous residence to be questioned during my interview. I had listed a foreign address on my N-400 application, and did not use any asterisks. However, the IO simply asked about my current address and confirmed that I had lived there for two and a half years. I offered to show him my REP, but he declined, and he did not even ask to see my tax returns or other documents showing links to the USA.
Actually, the main focus at my interview was on physical presence due to my numerous trips abroad. The IO was instructed by his supervisor to use a spreadsheet to enter every trip from the past three years, which took him about half an hour! He ran out of cells so had to start a separate sheet and then add the two together.
Interestingly, it only subtracted the two dates, and did not give me credit for “partial days”.
If I had been challenged, my first argument would have been that I had never been out of the country for more than 6 months. If that was insufficient, then I would have shown my links to the USA during my absence, including payment of salary, bank account and credit cards. Finally, if it was found that I did break my continuous residence, then I would have claimed the two years and one day rule for a returning resident.
Perhaps one of these was obvious to the IO, which is the reason I was not questioned.
Actually, the main focus at my interview was on physical presence due to my numerous trips abroad. The IO was instructed by his supervisor to use a spreadsheet to enter every trip from the past three years, which took him about half an hour! He ran out of cells so had to start a separate sheet and then add the two together.
Interestingly, it only subtracted the two dates, and did not give me credit for “partial days”.If I had been challenged, my first argument would have been that I had never been out of the country for more than 6 months. If that was insufficient, then I would have shown my links to the USA during my absence, including payment of salary, bank account and credit cards. Finally, if it was found that I did break my continuous residence, then I would have claimed the two years and one day rule for a returning resident.
Perhaps one of these was obvious to the IO, which is the reason I was not questioned.
coolguy446 said:
right,but that does not assure u of continuos residency..it all depends on the io's mood...
rep is like a entry ticket for people who are going out of country for more than 1 year...remember if a person goes out of country for mre than a year uscis considers that he abandoned his residency...rep ensures that is not the case when u have a valid travel document like rep or 470 and u r out of the country for more than 1 yr...
hope this helps..
another instance,say ur gc has expired while u r out of the country..basically while at the country of origin of the flight, the officers in the airport will not let u board a flight with expired gc unless u have a valid travel doc like rep....
the main reason being everytime when a guy enters u.s without a valid travel document the airline (not the government)has to pay a hefty fine....
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Re:
Finally, if it was found that I did break my continuous residence
This is impossible I thought. If you had no trip > 6 months YOU HAVE NOT BROKEN your continuous residence - period. Abondonment is a different issue and this where ties to the US, reentry pernit, purpose for the trips comes in.
Ofcourse mistakes happen. IO is not god and can make mistakes. But that is not the point though. I think there is lots of info on this out there. Lawyers think that this is very clear.
So continuous residence is ONLY SUBJECTIVE when a trip is >6 months <1 year.
Finally, if it was found that I did break my continuous residence
This is impossible I thought. If you had no trip > 6 months YOU HAVE NOT BROKEN your continuous residence - period. Abondonment is a different issue and this where ties to the US, reentry pernit, purpose for the trips comes in.
Ofcourse mistakes happen. IO is not god and can make mistakes. But that is not the point though. I think there is lots of info on this out there. Lawyers think that this is very clear.
So continuous residence is ONLY SUBJECTIVE when a trip is >6 months <1 year.
Xavier Rocoplan
Registered Users (C)
my feedback is as follows:
In your (husbands) case: you are paid in dollars and are coming back to usa every 5 months... as long as you have rentry permit and you are paying taxes as local US income AND you are filing state/fed taxes as a RESIDENT, you shoud be ok. However, the officer might look for (or ask for during the interview) your assets in USA like property etc. but i think you should be ok.
In your wife's case: it coudl get complicated. but here is the logic. first, as i understood she is not working in usa, now what woudl prompt her to work in India? thinking from a US perspective, they coudl question and that coudl trigger few more aspects. first, she will have to file taxes as RESIDENT and with foreign income and hence get some waiver only on the foreign income part.
what you dont want to do is that she works and you dont declare her salary as foreign income. if they found out, then thats tax evasion and coudl jeopardize your case.
In your (husbands) case: you are paid in dollars and are coming back to usa every 5 months... as long as you have rentry permit and you are paying taxes as local US income AND you are filing state/fed taxes as a RESIDENT, you shoud be ok. However, the officer might look for (or ask for during the interview) your assets in USA like property etc. but i think you should be ok.
In your wife's case: it coudl get complicated. but here is the logic. first, as i understood she is not working in usa, now what woudl prompt her to work in India? thinking from a US perspective, they coudl question and that coudl trigger few more aspects. first, she will have to file taxes as RESIDENT and with foreign income and hence get some waiver only on the foreign income part.
what you dont want to do is that she works and you dont declare her salary as foreign income. if they found out, then thats tax evasion and coudl jeopardize your case.
coolguy446 said:
coolguy446
Registered Users (C)
Xavier Rocoplan said:
My wife is trying to get a job here in US but has not been successful so far. Assuming that she does not get a job until we move to India, she would then want to look for a job in India. So there is not any preference to work in India or US. She is definitely planning to file her taxes as US resident and show her income earned in India as Foreign Income. So would that help her situation?