Proof of continuous residency

If i were you, knowing that the process is going quite fast (other than FBI check), I would ask my wife to just wait until you get this naturalization thing out of the way. Really, its easy for her to show as "homemaker" and travelling with you rather than introduce a new variable of her job (whether in usa or india). This is just my view and its purely mitigating the risk.


coolguy446 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?
 
Xavier Rocoplan said:
If i were you, knowing that the process is going quite fast (other than FBI check), I would ask my wife to just wait until you get this naturalization thing out of the way. Really, its easy for her to show as "homemaker" and travelling with you rather than introduce a new variable of her job (whether in usa or india). This is just my view and its purely mitigating the risk.

I still need to wait for 3 years before I can apply for citizenship and so my wife definitely is not willing to wait for 3 years to get a job. I still do not understand as to why there would be an issue if my wife applies for a job in India. Definitely I don't think there should be any problem if she works in USA.

Assuming that she works in India for 10 months and then comes back to US after quitting her job in India, is it showing in any way her intention of not maintaining permanent ties to US? The only reason she is going to work in India is because she would be travelling and staying with me while I am on work assignment in India for 10 months.

Do you know of anyone whose citizenship application got rejected just because that person worked outside USA?
 
I had a similar situation, but it was a bit different, I filed for my citizenship on family basis, and I had a trip outside of the US for 11 month, during the interview the officer was nice, and didn’t ask so many questions, but she asked for my passport to make sure that the trip wasn’t more than a year, because I had so many stamps on the passport she couldn’t make sure of that, and she was a bit rushing, so she asked me to send her a clear translation of the passport and told me once she makes sure that the trip was for less than a year they will send me the oath date in two months, I sent everything in 3 days and almost 4 months passed and I didn’t get anything. :confused:
 
Anami said:
I thought if you have never been outside US for more than 6 months then you fill continuous residency requirement. Besides, re-entry permit strongly reinforces that intention.

I am not planning to attach all the tax documents etc since it unnecessarily brings attention to the issue.

Let us know if you get more information on this.

I am working in India for a US based organization, but am in US to fulfil residency in a district. For the duration I was working in India on re-entry permit, should I put India address or US contact address?

Same question for spouse and children?
 
I was told by lawyer to report both. Basically first primary US address with a * and then indian addresses with description temporary.

bpc said:
I am working in India for a US based organization, but am in US to fulfil residency in a district. For the duration I was working in India on re-entry permit, should I put India address or US contact address?

Same question for spouse and children?
 
Anami said:
I was told by lawyer to report both. Basically first primary US address with a * and then indian addresses with description temporary.
Thanks for sharing the information. what address would go for spouse and children?
 
My sutiation is: I have GC 10/2002, I go to canada for working in 07/2005, but in this period of time, I am in and out between Canada & US, like every 3 months, went back to US just for the weekend, do I break the continuous residency?? :confused: I have one more year to file to become USC. I know I can file 3 months before the 5 years... it means 07/2007, should I come back to stay in US for good and file the N-400? Thanks
 
N-400 application while working abroad

Hello folks:

My cousin is working temporarily abroad since past six months and has obtained a re-entry permit for 2 years. She has now accumulated the required continuous residency and physical presence in the US to file the N-400. Can she come to the US to file, fingerprint and then return to US again for interview and oath. Will this work? Does anyone have experience on this?

I'll greatly appreciate your advice.
 
Sabbatical abroad...

I had my N-400 interview last week and it did not go well. Here is my story: On July 2001 I became an LPR. On June of 2003 I graduated from a masters degree, but the job market was horrible. Therefore I decided to take a personal sabbatical while the job market recovered and went to Brazil for 7.5 months. Down there I visited with friends, family and read books. Per my immigration lawyer', before my departure from the U.S. I got a re-entry permit, just to ensure that my LPR status would be OK if I stayed abroad more than 6 months. I did not work in Brazil. I left in the U.S. all my belongings in a rented storage space and all my financial assets up to that point in my life--checking/saving accounts, student loans, credit cards, brokerage account. My U.S. address was that of a friend in MN whom I've known for 20+ years. After 7.5 months I came back to the U.S., found work and filled state/federal taxes for 2003 as a resident, like I normally do as an LPR (in 2003 I paid taxes on investment income only for I had no job income). Goes without saying that I honored my student loan and credit cards while abroad. Anyway, in the interview the IO did not like this one foreign trip at all. He almost immediately said that because my abode was not in the U.S. during that trip, I had broken my continuous residency and my application was invalid. I was floored. I told him that I haven’t yet bought a home and that I had no rent while in Brazil because my on-campus residence ended once I graduated. But apparently he did not change his mind and he said that all my ties to the U.S. that I could prove (financial, storage space) did not help my case. He asked me if I wanted to talk to his supervisor, which I did, but she repeated his points. He asked me if I wanted to read the law and printed me a copy. The law, Title 8, Code of Federal Regulations, part 316.5.c.1.i, says that the "types of documentation [...] which may establish [...] continuity of residency [...] include, but are not limited to", and lists four items. "U.S. abode"--the one he used against me--is item C. I told him after reading it that I though it was unfair that he was using C against me while ignoring item D (D is “the applicant did not obtain employment while abroad”) and the rest of the evidence in my application. Anyway, he went over the rest of my application and at the very end of the interview he finally read the letter from my lawyer and asked me for my federal tax returns for the last 5 years, which I gave to him. Obviously I haven't received a decision letter yet. Any thoughts?
 
Here is an excerpt (see the bottom of this post) from the Title 8, Code of Federal Regulations, part 316.5.c.1.i. I have 2 questions related to this rule:

1. Is this only applicable if the continuous residence abroad is for a period of 6 months - 1 year? How about if a person is absent from the US for a continuous period of 5 months in 2 separate trips and resides in US for a month between those trips?

2. If a person goes on an overseas assignment for a continuous period of say 10 months (working abroad as a US employee) while continuing to rent in US, he basically satisfies requirements A, C and D. Does it mean that a person is not satisfying requirement "B", if he takes his spouse along with him and hence considered to be not meeting the continuous residency requirements? Also if that person's spouse is not working in US but takes up an employment abroad for a temporary period of 10 months, would she be considered to have violated item "D" and hence broken the continuous residency requirement?

---------------Excerpt---------------------------
(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.
 
Hi Plubius,

Like everything with USCIS, this is all very subjective and largely depends on the IO.

During my interview, he looked at my trips (I was out of the US all of 2001 to finish my MA in Germany, had a Reentry Permit) and all he did was write down "OVERCOME" next to my prolonged absence. He did not ask for any documentation (no tax returns etc. etc.).

Still, no decision could be made that day as name check was still pending.

Cheers!

Legal

Plubius said:
I had my N-400 interview last week and it did not go well. Here is my story: On July 2001 I became an LPR. On June of 2003 I graduated from a masters degree, but the job market was horrible. Therefore I decided to take a personal sabbatical while the job market recovered and went to Brazil for 7.5 months. Down there I visited with friends, family and read books. Per my immigration lawyer', before my departure from the U.S. I got a re-entry permit, just to ensure that my LPR status would be OK if I stayed abroad more than 6 months. I did not work in Brazil. I left in the U.S. all my belongings in a rented storage space and all my financial assets up to that point in my life--checking/saving accounts, student loans, credit cards, brokerage account. My U.S. address was that of a friend in MN whom I've known for 20+ years. After 7.5 months I came back to the U.S., found work and filled state/federal taxes for 2003 as a resident, like I normally do as an LPR (in 2003 I paid taxes on investment income only for I had no job income). Goes without saying that I honored my student loan and credit cards while abroad. Anyway, in the interview the IO did not like this one foreign trip at all. He almost immediately said that because my abode was not in the U.S. during that trip, I had broken my continuous residency and my application was invalid. I was floored. I told him that I haven’t yet bought a home and that I had no rent while in Brazil because my on-campus residence ended once I graduated. But apparently he did not change his mind and he said that all my ties to the U.S. that I could prove (financial, storage space) did not help my case. He asked me if I wanted to talk to his supervisor, which I did, but she repeated his points. He asked me if I wanted to read the law and printed me a copy. The law, Title 8, Code of Federal Regulations, part 316.5.c.1.i, says that the "types of documentation [...] which may establish [...] continuity of residency [...] include, but are not limited to", and lists four items. "U.S. abode"--the one he used against me--is item C. I told him after reading it that I though it was unfair that he was using C against me while ignoring item D (D is “the applicant did not obtain employment while abroad”) and the rest of the evidence in my application. Anyway, he went over the rest of my application and at the very end of the interview he finally read the letter from my lawyer and asked me for my federal tax returns for the last 5 years, which I gave to him. Obviously I haven't received a decision letter yet. Any thoughts?
 
Sabbatical abroad

Thanks LegalAlien99. It is indeed a sad situation. I've been in the U.S. almost half of my life, have contributed with tens of thousands of dollars in taxes, have participated in associations, have zero brushes with the law, I'm already an LPR who isn't leaving the country, so... what's the point of this kind of unjust reading of the law when the IO could reasonably rule in my favor? Mind boggling.
 
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