Question about AR11 & N400

H

helpme2009

Registered Users (C)
My father got employment based GC through his employer in 2005. All our family (my mom, me and my younger sibling) also got GC along with him at the same time. I am 22year old and is going for higher studies (2 year PG program) in Europe. I have to leave next week for studies. I have completed 4.5 years of time on GC so I am still 3 months away from applying. Since the studies offer was such, I could not resist it, I know it may delay me in applying for N400. Here are my facts:

1. On GC for 4 years & 6 moths.
2. Made only one trip for 45 days (to my country of birth) outside US in last 5 years.
3. Next 20 months, I will be out of US for studies. In all probability, I will be making 3/4 trips back home during this time. I will try to maintain each of my trip outside US to a duration of less than 6 months. Not sure whether it will be possible always.
4. However, as a safe measure, last month I applied for Re-entry permit I-131 with a request to USCIS to expedite the process. I got FP notice with-in a week and exactly in 31 days, I got I-131. So I can take that with me.
5. I am staying with my parents, so I do not have any utility bills etc in my name. But I will retain all my bank and CC accounts in US and continue to get bills at my home address in US during the time I will be out of US.

I have few questions. Please help me so that I try to cover up all ends and do not face problem for N400 in 2011.

1. Do I need to file AR-11 about change of address. I think no as it is trip outside my country of birth.
2. Would it be possible to apply for N-400 in July 2011 (hoping there are no change in rules by then). At that time, I would be on GC for over 6 years and 5 months but would be out of US for around 18 months.
3. Would I-131 have impact on applying N-400. What if I do not have to use it at all. Would that help.
4. Any other thing that I need to maintain here in US when I am not around.

Please advise. Thanks.
 
1. Do I need to file AR-11 about change of address. I think no as it is trip outside my country of birth.
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Yes


2. Would it be possible to apply for N-400 in July 2011 (hoping there are no change in rules by then). At that time, I would be on GC for over 6 years and 5 months but would be out of US for around 18 months.
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Yes just file "Application to Preserve Residence for Naturalization Purposes form N-470" and pay $305 prior departure, it's better to wait for decision


3. Would I-131 have impact on applying N-400. What if I do not have to use it at all. Would that help.
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Don't matter, because you a leaving US anyway

4. Any other thing that I need to maintain here in US when I am not around.
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Taxes, pay taxes pay more taxes))) :D And don't forget call your parents once in a while:)
 
Uncle Joe said:
Yes

Yes just file "Application to Preserve Residence for Naturalization Purposes form N-470" and pay $305 prior departure, it's better to wait for decision

Taxes, pay taxes pay more taxes))) :D And don't forget call your parents once in a while:)
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Thanks Uncle Joe for uncly advise. :D

While looking at N-470 application on USCIS site, I find that this may be used for persons employed in specific jobs in theUnited States government and private sector as well as religious organizations or for research related work. Not sure as they have not mentioned about studies related absence any where.

Do I need to give foreign address on AR-11. That may be available only after I reach there. I was thinking AR-11 is for any change of address within US.

I will pay taxes for this year. But there may not be any taxes for next year as I may not have worked in US in 2010. But I will maintain, what all I can.

Thanks
 
helpme2009 said:
Thanks Uncle Joe for uncly advise. :D

While looking at N-470 application on USCIS site, I find that this may be used for persons employed in specific jobs in theUnited States government and private sector as well as religious organizations or for research related work. Not sure as they have not mentioned about studies related absence any where.

Do I need to give foreign address on AR-11. That may be available only after I reach there. I was thinking AR-11 is for any change of address within US.

I will pay taxes for this year. But there may not be any taxes for next year as I may not have worked in US in 2010. But I will maintain, what all I can.

Thanks
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My bad, I thought you getting PG through U.S University and going overseas for studying and researching all kind of overseas scientistic stuff in behalf of U.S University)))
I don't know about that, you probably gonna break your continuously residency and after you going back you have to wait another 5 years((((


About AR-11 yes, you have to fill it out anyway.
Before going overseas I talked to USCIS officer and he told me that Yes you have to indicate the address overseas, but as far as i know you can't do it electronicly, just print it out and fill it out
After I moved overseas I send AR-11 to USCIS with my new address, I spend 12 month straight overseas, just came back like 6 months ago and sent another form AR-11.
It's a Law
 
Re-Entry permit giving you opportunity to keep your Permanent Resident Status, not Continuously Residency for Naturalization Purpose.
Taxes if you not filling taxes or claiming to be Non-Resident for tax purpose will negatively affect your Permanent Status and can be revoken, even if you obtained Re-Entry Permit
 
Thanks for all the replies Uncle Joe. Please help me understand the following:

1. Do I need to send AR 11 every time I come back to US and go out of US. What if I come back to US for 2 weeks for christmas break, do I send AR 11 at that time with US address and another one with Europe address when I return back. Repeat the process for next trip and so on.
2. If none of my trip goes beyond 180 days, would I be able to apply for N400 on my return in 2011 (after waiting for 3 months) or I have to start my 5 year cycle again fresh.
3. Does USCIS look for total time outside US in 5 year period or specifically look for stay outside US in last 2 years.

Thanks.
 
helpme2009 said:
Thanks for all the replies Uncle Joe. Please help me understand the following:

1. Do I need to send AR 11 every time I come back to US and go out of US. What if I come back to US for 2 weeks for christmas break, do I send AR 11 at that time with US address and another one with Europe address when I return back. Repeat the process for next trip and so on.
2. If none of my trip goes beyond 180 days, would I be able to apply for N400 on my return in 2011 (after waiting for 3 months) or I have to start my 5 year cycle again fresh.
3. Does USCIS look for total time outside US in 5 year period or specifically look for stay outside US in last 2 years.

Thanks.
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No you don't have to, you only have to report your address where you live, if you moved from place to place not for vacation.


You have to accumulate certain amount of time in US before applying if you going outside US for year with 1-2 days stop by in US make sure you not breaking the 6 months rule, it's not gonna work, you have to accumulate 2.5 years in 5 year period before applying. Im talking about last 5 years BEFORE applying
 
helpme2009 said:
Thanks for all the replies Uncle Joe. Please help me understand the following:

1. Do I need to send AR 11 every time I come back to US and go out of US. What if I come back to US for 2 weeks for christmas break, do I send AR 11 at that time with US address and another one with Europe address when I return back. Repeat the process for next trip and so on.
2. If none of my trip goes beyond 180 days, would I be able to apply for N400 on my return in 2011 (after waiting for 3 months) or I have to start my 5 year cycle again fresh.
3. Does USCIS look for total time outside US in 5 year period or specifically look for stay outside US in last 2 years.

Thanks.
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If you coming back in 2011 you have to count your time since 2006.
You have to show them your taxes where you claim yourself RESIDENT
If you failing report taxes or call yourself a Non Resident for Taxes you gotta start over again
 
AR-11 is only for address changes WITHIN the US. Notice that the form asks for state and zip but does not ask for which country. If you are returning to the same US address every time, your address is staying the same as far as USCIS is concerned. When you are outside the US, USCIS has no authority to require you to inform them of your exact whereabouts. Do not file AR-11 to tell them you are in Europe. Doing that may be seen as an indicator that you have separated from your US residence and hurt your eligibility for naturalization.
2. If none of my trip goes beyond 180 days, would I be able to apply for N400 on my return in 2011 (after waiting for 3 months) or I have to start my 5 year cycle again fresh.
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Apply and see what happens. Continuous residence is a subjective decision, so in borderline cases like yours we cannot predict what will happen. When you have a long series of back to back trips, that can be grounds for denial even if each individual trip is less than 6 months.

To increase your chances of approval, try to maximize the time you spend in the US -- stay at least 2-3 weeks for the Christmas break if you can, and stay in the US 2-3 months for the summer break next year instead of studying through the summer. If your US driver's license or state ID expires while you are studying, renew it as soon as you can. And when your studies are completed, don't apply for naturalization immediately; wait until you have spent another 6-12 months in the US, to create a better impression that you are a bona fide US resident.
 
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helpme2009 said:
Since the studies offer was such, I could not resist it, I know it may delay me in applying for N400.
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Many schools are willing to allow you to start studying 6-12 months later than you were originally admitted for. Perhaps at this point you're so geared up to leave to Europe that you won't turn back now, but chances are they'll let you postpone your studies and will hold the offer open for a year if you ask ... which would enable you to get citizenship before leaving to study.
 
I was living outside US for 1 year, Ive been told by USCIS officer to change my address and filled up form AR-11
 
Thanks UJ and Jack for the replies. I think, I need to do the following:

1. Try to maintain resident status by filing taxes, maintaining other documents like bills, bank accounts etc when I am out of US.
2. Try to have trips of duration of less than 180 days. Try to spend time of break in US so as not to excede trip over 180 days mark.
3. Do not try to rush to file N-400 after return in 2011. Depending on total time spent outside US and each trip duration, may have to wait for 6 months or more before applying.
4. AR-11 still not sure. But looks like since the format expects address info for US states, probably it is meant only for change of address in US. Since I am not going to change my US resident address, is it advisable not to fill AR-11.

Please help and advise if some thing is not right or missed. Thanks.
 
helpme2009 said:
Thanks UJ and Jack for the replies. I think, I need to do the following:

1. Try to maintain resident status by filing taxes, maintaining other documents like bills, bank accounts etc when I am out of US.
2. Try to have trips of duration of less than 180 days. Try to spend time of break in US so as not to excede trip over 180 days mark.
3. Do not try to rush to file N-400 after return in 2011. Depending on total time spent outside US and each trip duration, may have to wait for 6 months or more before applying.
4. AR-11 still not sure. But looks like since the format expects address info for US states, probably it is meant only for change of address in US. Since I am not going to change my US resident address, is it advisable not to fill AR-11.

Please help and advise if some thing is not right or missed. Thanks.
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About AR-11 I know there is no space for the country.
Right before departure US in March 2008 I talked to USCIS IO and I was told to filled up AR-11 form regardless, if its US or overseas. I came back to US in March-April of 2009 and reestablished residency in US I updated my address change with USCIS.

You are Permanent Resident, and US wanna track you down in case they need something from you. If you're male under 26 years old you HAVE to change address with Selective Service as well regardless if it's overseas. Not doing so you're abandoning literally your LPR status.
 
And one more thing, track all your dates in and out, so when you coming back to US you can calculate how many days you spent in US and your eligibility for Naturalization.

You probably will start over again, but at least you will be able keep your status.
Don't forget to get yourself Re-entry Permit
 
Thanks UJ. I will make sure that I keep track of dates etc.

Can any one else share their experience of AR-11 in similar scenario or has any other suggestions/advise to make.

Thanks.
 
I have come across a document with AR-11 information. Please see the link below:
http://www.docstoc.com/docs/8866142/Ar-11-Form

This states that USCIS requires any person in lawful status in the U.S. to inform USCIS of any U.S. change of address using Form AR-11 within ten (10) days of move to a new address.

The important point is it has mentioned about change of address in U.S. Not sure this is of help to helpme2009 or not. Not sure whether this is a reliable document. Has any one come across another document with similar information ??
 
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