question about N 400 interview

[kardeep]

hi i am newbie to this forum .

actually i want to give you some additional information about me as i am little bit confused about my physical presence and continues residency ....i have taken 5 trips to india in last 5 years....i was aware that i cant not leave the usa more than 6 month so every time i came back with in 6 months like(174 days , 175 days sometimes 172 days etc .) ......reason behind these long stay was that i married there and wanted to live more with my hubby ......now since 1 and half years I am living in usa in usa so that i can apply for us citizenship.

i have been here in past 5 years about 945 days so i think i have fulfilled the physical presence in usa too..

so my question is that will in this situation the officer can create any issue i mean about my long trips and less physical presence .....do i have to show them some proof ........i have been living in usa with my dad and i have accounts here and my credit is also in good position and i am paying tax every year as self employed as a tutor ( i teach basics of computer from my house )

please advice so that i can prepare myself for the interview.

 

[-me-]

Let's make it clear - if you leave U.S. for any period of time (even for two weeks), USCIS may potentially raise a question about your permanent residency. However, if you leave U.S. for less than 6 months, USCIS will not try and challenge it, unless they believe they have a strong case. Unfortunately your long frequent trips to your home county - five long visits during 3.5 years (considering you spend the last 1.5 years in the US) may raise this question. Most possibly, you will be asked to prove that your kept the residency and ties with the U.S. during the first 3.5 years.

Since you didn't have a house (or a lease) and did not have a job in the U.S. (unless you can prove your freelance self-employment was a U.S. job), I would say they may have a case. The fact, that you paid the taxes and filed the tax returns (I hope you positioned yourself as a resident for the tax purpose) actually helps ,but I wouldn't say you have nothing to worry about.

If your GC was EB, it may significantly complicate the matter.

This is just IMHO, others may disagree with me here.

 

[kardeep]

thanks

thanks for your answer and make me understand a little more about my case but still i have to ask something that my accounts and credit cards and i never delay or miss my taxes ...are they not the proof of my ties to usa while i was abroad or i need to show more proof if yes than what it would be

 

[-me-]

thanks for your answer and make me understand a little more about my case but still i have to ask something that my accounts and credit cards and i never delay or miss my taxes ...are they not the proof of my ties to usa while i was abroad or i need to show more proof if yes than what it would be

All above on one side... On the other side - you came over to U.S. for short periods without any intent to establish the permanent residency here. So, USCIS may argue that the majority of your "ties" are secondary, and do not actually prove the permanent residency. The primary ties are essentially house, job, family, taxes, time spent in the country... Again,this is sort of worst case scenario for you, if USCIS decides to nag you down.

BTW, was your GC employment-based?

 

[kardeep]

All above on one side... On the other side - you came over to U.S. for short periods without any intent to establish the permanent residency here. So, USCIS may argue that the majority of your "ties" are secondary, and do not actually prove the permanent residency. The primary ties are essentially house, job, family, taxes, time spent in the country... Again,this is sort of worst case scenario for you, if USCIS decides to nag you down.

BTW, was your GC employment-based?

again thanks for your time and answer....actually my green card is family based my dad had applied for me and i was living with my dad and brother after getting the green card for long time ....just moved 1 year back some where for some personal reason ..........

1. regarding short stay in usa ... can i satisfied them by saying that i wanted to be with my husband more so thats why those long trips and didnt want to break the rule so came here with in six months......

2. one thing more if US has problem with long stays then why they set up the rule of 913 days (total no. of days in terms of physical presence )

3. If i am not breaking any rule of physical presence (my no. of days in usa are 945 )and continues residency (never left the country more than 6 month)

(I am not lying about anything so why i am in danger zone)

please advice

 

[baikal3]

With your pattern of a series of very long absences from the U.S. separated by short visits to the U.S. you are almost guaranteed to have your N-400 denied, on continuous residency grounds, if you file now or in the near future.

It is a common and dangerous misconception that "continuous residency = no absences of more than 6 months".
In reality continuous residency means something else: maintaining your primary domicile in the U.S. during the period in question. There are some events that constitute statutory breaks or presumptive breaks in continuous residency, such as absences between 6 months and a year (presumptive break), or of over a year and without an approved N-470 (definite break). HOWEVER, there are other ways of breaking continuous residency, and your situation is THE prime textbook example of how to do this.

again thanks for your time and answer....actually my green card is family based my dad had applied for me and i was living with my dad and brother after getting the green card for long time ....just moved 1 year back some where for some personal reason ..........

1. regarding short stay in usa ... can i satisfied them by saying that i wanted to be with my husband more so thats why those long trips and didnt want to break the rule so came here with in six months......

No, in fact quite the contrary. Having your immediate family member(s), such as a spouse, stay outside of the U.S. during your absences is viewed as significant additional evidence of not having maintained continuous residency during those absences.

2. one thing more if US has problem with long stays then why they set up the rule of 913 days (total no. of days in terms of physical presence )

Because physical presence and continuous presence are TWO SEPARATE requirements for naturalization, that both need to be satisfied. The 30 months thing concerns the physical presence requirement, not the continuous residency requirement.
It may well be that you satisfy the physical presence requirement but not the continuous residency requirement.

 

[-me-]

1. regarding short stay in usa ... can i satisfied them by saying that i wanted to be with my husband more so thats why those long trips and didnt want to

It's like you shout out loud that you did not have an intent to live in the U.S.

2. one thing more if US has problem with long stays then why they set up the rule of 913 days (total no. of days in terms of physical presence )

Unlike the Canadian Immigration Law, the INA allows USCIS to challenge your intent to live in the country permanently on any absense duration. Even for two weeks... I love the Canadian one, it's super straightforward on such cases.

3. If i am not breaking any rule of physical presence (my no. of days in usa are 945 )and continues residency (never left the country more than 6 month)

Yep. But also, you did not show an intent to live in the U.S. permanently. You, in fact, were visiting the U.S. during that time in order to pretend you were living here. In fact, you were living with your family in the home country. You might have been better off, if you were travelling back then.. Like, month here, month there, etc and then back to the U.S. Unfortunately, you LIVED in the home country with your family.... It's a big difference.

(I am not lying about anything so why i am in danger zone)

Yes, you are in the red zone for USCIS. They can completelely overlook it , or totally nag you down... It's a matter of luck. Wanna challenge yours?

 

[kardeep]

thanks everyone

thanks for your answers .......i dont have any other choice except try my luck .......i am living in usa more than almost 2 years continuesly and didnt break any rule of physical presence and continues residency ......if i hire a lawyer will it work ..........

 

[baikal3]

thanks for your answers .......i dont have any other choice except try my luck

Actually, you do have a choice. Nobody is forcing you to file N-400 now. You could wait until you have clearly satisfied the continuous residency requirement and file then.

.......i am living in usa more than almost 2 years continuesly and didnt break any rule of physical presence and continues residency ......if i hire a lawyer will it work ..........

No lawyer can make all those trips of yours magically disappear.