question on mailing and home address

R

rashcitizenfaq

Registered Users (C)
Hi all,

I am currently residing in India. I have moved back in 2005 dec got my GC in feb2002. But I have a mailing address in USA where I have forwarded all the mails and also live there when I visit USA.

I satisfy all the requirements like
1.have stayed in USA for more than 31/2yrs after GC,
2.haven't voilated more than 6months rule
3.have paid taxes for 2005 and also plan to pay for 2006)
4.I still have my car for which I am paying my insurance

My forwarding and staying address while in USA now is my sister's residence in the same county I lived before I moved back to India. Although I donot have my name on the lease or anything.

I am planning to apply 400-N this Nov and unfortunately she will be moving to another address around Feb 06 time frame.
So i was thinking of giving my another relative's address in the same county and area as my mailing address so that there is no mail lost & give my sister's address as my home address.

Now my question is would there be any problem if I give that same relative's address as my home address too? Otherwise I would have to worry about my home addresss changing but mailing address remaining the same?

To summarise the Question, I want to know what I need to do in case my home address changes(which anyway is not my actual home address but my sister's address and I have my mails coming there) but mailing address remains the same which is some permanent house address of my relative in the same county?

Is it advisable to have these two addresses different in this case? or do you suggest I give my relatives address as both home and mailing address, although I don't get any mail there?

Appreciate your responses and thanking you in advance
 
Ok this doesn't sound right to me. You are living in India right now .. how long since you been to the US ?
As far as I know and understood you have to reside in the State Service Center Area (not sure which one) for at least 3 month before you can file for N-400.
I am kinda confused by your post thought !

Ladybuggy :rolleyes:
 
Hi,

Thanks for going through my query, I am staying in India but I have fullfilled all the residency requirements for naturalization as I had quoted earlier. I lived in the same county and state for 3& 1/2 years post my GC approval date, its only last dec I moved back to India but i haven't been out of USA for any time in the last year more than 170 days(less than 6 months).

I am very clear about the point that I satisfy the rules on paper as per their requirements, ofcourse getting a citizenship is a bit risky in my case but just giving it a shot anyways.

But my main query was about home address vs mailing address. If mailing address remains the same but the home address changes after my posting the application, then do I need to still inform them about this change?

Thanks
 
As I understand, if you are not living in the US, you cannot file N400 application under the 5 year rule. If you portray your status as visiting India, you may be eligible. But again, what do I know. So, I would highly recommend hiring an immigration attorney. Because your case is complex and does not fall under the typical N-400 applicants category.
 
You say your Home Address is in India and your Mailing Address is in the US, no you can not file the N-400 since you are not residing anywhere in the US. If you chose to hide this from USCIS on your Application and put your Mailing Address which looks like is in the US also as your Home Address you might be in some deep trouble when/if they find out that you lied.
So .. my recommendation is 1. either hire a Immigration Attorney or 2. just don't apply at all right now. Come back to the US, live here for 3 month and then file.
 
Firstly, you're not eligible to apply until Dec 2006 at the earliest (GC Date + 5 years - 90 days).

Secondly, *residing* outside the US is pretty much an automatic disqualification regardless of whether you visit every 6 months or not. How will you answer the employment questions on N-400? (assuming of course that you are employed).

If you are serious about gaining US citizenship, you should move back to the US and reside here for a while, then apply. Pardon me for jumping on my soapbox, but citizenship shouldn't be sought simply for the sake of future convenience... you need to demonstrate commitment to this country and its constitution.
 
Reply to boatbod's comments

Hi,

Thanks for commenting on my profile here. Actually I am eligible to apply in nov06 after the 14th as I got my GC on Feb12th02 which make sit exactly 4 years and 9months.


And secondly I am residing in India right now but I have some solid reasons to show them why I am doing so. Infact I even got a re-entry permit for 2years for the same reasoning.

And thirdly my home address is going to be of USA where I go an live/stay while in USA, where I have all my US mail correspondence. But plan to give another mailing address in the same zip code infact as I do not want my mail to get lost and this address to remain same over the next 8months.

I hope this clarify's the issues. Ya I know its a risky thing but I had to go back to india for my parent's health concern.

Thanks again
 
rashcitizenfaq said:
Hi,

Thanks for commenting on my profile here. Actually I am eligible to apply in nov06 after the 14th as I got my GC on Feb12th02 which make sit exactly 4 years and 9months.
Click to expand...
Your calculation is right. Based on 2/12/02 date for the GC, you become eligible to apply N-400 on 11/14/06.

rashcitizenfaq said:
And secondly I am residing in India right now but I have some solid reasons to show them why I am doing so. Infact I even got a re-entry permit for 2years for the same reasoning.

And thirdly my home address is going to be of USA where I go an live/stay while in USA, where I have all my US mail correspondence. But plan to give another mailing address in the same zip code infact as I do not want my mail to get lost and this address to remain same over the next 8months.

I hope this clarify's the issues. Ya I know its a risky thing but I had to go back to india for my parent's health concern.
Click to expand...
If you know all the answers then why ask in this forum. I am assuming it is because you still have some doubt. Believe me, you be benefited hiring an immigration attorney. A little additional money will not be worth the mental torture you may find yourself in if something is to go wrong. I hope you realize that your case is not the usual one. I am not saying you are not eligible. But you have to play the legal game appropriately. Emotions and common sense don't count when it comes to legalities.
 
My 2 cents...

I think you would be perfectly allright to give another relative's address as a mailing address.

However, if you have not maintained a residential address in your name (either as a mortgage or a lease), then you would have a tough time proving to the IO if a question gets raised about proving residence in the US.

Also, I belive you would have to live in the state/county for 3 months prior to applying. If you maintain a mortgage/lease for this 3 months but reside in India, then technically it is a fraud. You will probably get your hands slapped for that pretty hard.

I might be wrong...but gurus please correct me if I am wrong.
 
Why not come back to the US - lease, rent, own, and be in the same place for 3 months and maybe for another 4 months? You can get US citizenship sometimes in 7 months.

I had an interview where I spent about 2 years / out of 5 years - outside the United States.

And I got grilled about:
- Why the trips have taken place and why I had to be gone for so long. There was 1 year when I was only in the US for 4 months and out for 8 months. No trip was more than 6 months though.
- How I maintained residence in the US while I was away. In my case I maintained residence at a friend and had mailing address somewhere else. The IO sounded suspicious about this and asked how I can maintain a residence with a "friend"....? The IO also put together that my change of address in the US coincided with trips abroad.
- I was grilled whether I managed to maintain business ties to the US while I was away. The fact that I had a reentry did not matter at all. I don't know but reentry might or might not provide protection. I was lucky that I had a business in the US which for example paid taxes while I was away.
- I had other stuff on me - like bank accounts, paying for cell phone, paying for internet provider in the US while away. I had credit cards that I used and paid off from US bank account. I renewed drivers license etc. However I never got asked for this at all.
- I got asked if I always filed taxes on time even though I was abroad for so long. I was lucky that this was okay. I did not get asked for transcripts though.

At the end - I got asked for my current lease agreement. And frankly I was very lucky to have it on me. The IO made a xerox of this. And then approved the case.

So I got the case approved but with lots of sweat. I think that if after being abroad for some time started doing the whole application process from abroad it would be difficult. But then again - the application could have still been approved but maybe with some RFE and additional hassle. Also I might have simply got an IO that was exteremely strict.

What is weird - is when I talked to different lawyers out there - almost nobody felt that I would have to prove anything. Most seemed to think if I had a temp reason to go out and stayed for less than 6 months - then I should be fine with the natz application.

Although in the end I was fine - still I did not have an impression that this was a piece of cake.

Disclaimer:
I am not a lawyer, and this is not reliable advice. Please consult attorneys for reliable advice.
 
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