Recieved YL, Need input on interview documentation

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viraj3_16

Registered Users (C)
Hello

My wife has recently applied for citizenhip under 4 year 1 day rule (Feb 5th 2011)
As suggested by a senior attorney, we have applied 4 years +6 months + 1 day after her long absence
Her long absence was from Nov-03 to Aug-06.
I got the yellow letter yesterday asking for her driver's license.
Following is the documentation we have made for her interview
1) PP, GC, Driver license, Reentry permit, SSN
2) IRS Tax transcripts from 2006 to 2010
3) Bank statements from Sept 06, the day she opened her individual account.
4) School transcripts from India indicating that her long absence was to continue her education.
5) Current US university transcripts indicating she is a student and hence no income.
6) Marriage certificate, my H1B papers (only if needed)

She did have a bank account in 2004 (it is closed now) ,
would it be helpful to get statements for that account to show that she established residency before her long absence?

Also if anyone can suggest any additional documents which can help her in the interview as she is applying under 4 year + 1 day rule???

Please advise.
Any help is really appreciated,

Thanks
 
My first reaction, could you not wait another 3 months? You could have applied under 4 years + 1, but if you waited 6 months, what's another 3? Anyway, thats besides the point.

Yellow letter just asked for DL. That's what she needs to take. Rest of the stuff is just "good defense" and being prepared for any questioning, but not relevant. Why would the IO need to see H1 papers?

Were you (as the immediate family) staying in US when she was abroad? If not, did she have rental / mortgage / car in her name? This is what she will use to show she did not intend to break her continuous residence.
 
Thanks for the reply

The reason we had to apply early is that, my H visa expires in Nov 2011 (6 years) and i do not have labour or I-140 pending,We intend to apply my AOS just after she gets citizenship and hence we had to apply early to avoid a situation where it gets too close to my visa expiry date.

I agree that the H1 papers are not required.
Regarding the long stay, we have very less evidence apart from one bank account which she had opened earlier in 2004. I was in the US at that time but we did not knew each other then. She used to stay with her maternal uncle while in US. Also during the long stay she applied to many universities in US to pursue a master's degree in US. would that be of any help at all?

If an evidence about residency is not established in front of the IO, would it be fair to ask the IO to withdraw our application or to ask for continuation till she completes 5 years in august (which would be approx 2 months after interview)?

Thanks for the help
 
So you were not married then ... then anyway she can not use you to show residential ties with US during that period.

She will need stronger evidence than "pursuing masters applications".

Please note that she does not need to wait for completing 5 years. She can apply 90 days before 5 years as long as other conditions are met. That implies she could file in April instead of January (as she did) or August (on 5 years completion).

If the IO does not make an issue, you are home free. If the IO does make an issue, she will not get continuation. She can withdraw and re-file immediately. She can withdraw at any time. However, given that she has already reached the interview stage and the time gap while material is so short that it may not become an issue.
* If the interview is going badly, nothing stops her from asking to withdraw the application right then and there. Or even seek the advice of the interviewing officer. Many IOs are nice and might help out ... but if they don't offer or give advice, be prepared with a default strategy.

So how did she get her green card if not through you and not through employer (since she was studying)?
 
Thanks for the reply,

She got her GC through family, as her grandmom was citizen, her family recieved GC. Her parents are in india though due to health reasons. Would that impact her naturalization?

Do you think statements from a bank account opened in 2004 will help?

I think if the IO doesnt suggest her anything, we are better off withdrawing and reapplying again immediately as she would be past 4 years 9 months by then.
Will def update this thread as the case progresses so that people with similar situations could benifit.
Thanks again for your help
 
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