transfer of residence on passport

D

Desparate2CTZ

Registered Users (C)
I had traveld to India for a month and sea-shipped some goods. My husband lost his job few months back and so we moved from a house to an apartment due to finance problems hence I sent those good to India so that my parents can use it instead of throwing it out. While I was in India during the custom clearence at Nhava-Sheva port they put a red stamp on my indian passport that says transfer of residence. I checked with my friends who migrated back to India they sent goods and got this stamp on their passport too. I will not be migrating and soon be applying my N-400 for own and husbnd and need get idea if this stamp can cause problem in my USC. I work and apply under 5yr rule. Husband is searching for a job. Sorry too much text details and need help. Million thanx
 
Desparate2CTZ said:
I had traveld to India for a month and sea-shipped some goods. My husband lost his job few months back and so we moved from a house to an apartment due to finance problems hence I sent those good to India so that my parents can use it instead of throwing it out. While I was in India during the custom clearence at Nhava-Sheva port they put a red stamp on my indian passport that says transfer of residence. I checked with my friends who migrated back to India they sent goods and got this stamp on their passport too. I will not be migrating and soon be applying my N-400 for own and husbnd and need get idea if this stamp can cause problem in my USC. I work and apply under 5yr rule. Husband is searching for a job. Sorry too much text details and need help. Million thanx
Click to expand...

To start with let me say that what you were doing is legally wrong. If you are not going to live in India, you can not avail of TOR.

Having said that ...

I am not sure how you are going to justify the stamp, and I will request other people on this board to advise.

However, I had a suggestion to make about N400 filing. My assumption is that CIS will be suspicious if they see the stamp. However, whether they ask to see the passport is in doubt, but your case can not depend on them not seeing the passport. I also assume that your file and your husband's file will be treated independently, but I fear there is a small chance that the same IO might see it (for a small DO), or a negative decision in one file might percolate as an FYI to the other file. I think it would be safer to process them sequentially ... process your husband's case first since his file and passports are clear, then process your case. This will also give you another 6 months in which you can indicate that you changed your mind, as well as proof that in the past 6-8 months you stayed in India only for 1 month (or whatever). Saying you changed your mind just after returning from India will be much more suspicious.

My overall feeling is that it should not be hard to fight this issue with the preponderance of evidence (residence in US, taxes, insurance, utility bills and so on) as against a single piece of evidence which goes against you. However, it is best to plan for a questioning on this if asked by IO, and hence I will choose a safer course as described above.
 
I understand that it is a mistake but i didnt realise that while doing custom clearance. Story with my husbands job is not good he may be in india for a long time as he got a job there while i will stay in usa to file USC not sure if that can cause another problem.
The one month i was in india is when i didnot have home as we sold it and didnot have apartment as i rented it after came back but had my usa salary and phone bill as evidence if that works.
Also i dont understand if i am ready to be citizen of usa why they would bother about the transfer of residence stamp but thanking you for reply and waiting for more.
 
I agree with sanjoseaug20. This stamp can raise a red flag, but you can resolve potential concerns if you can produce US residency documents ..

I am not any expert in this matter, you may want to check if there is an inter-government agreement by which India could have communicated this' Residency Transfer" to USG agencies (i do not believe it is ...)

Also let us see may be someone in the forum had a similar experience. Did you search the forum ?
 
Desparate2CTZ said:
Also i dont understand if i am ready to be citizen of usa why they would bother about the transfer of residence stamp
Click to expand...

Although I would like to keep on topic, do you think the above makes sense? Even if you are READY to be a citizen, they have to check whether you are a criminal, they have to check whether you pay taxes, they have to check whether you are a communist (don't know why) and they have to check that you intend to live in US. They might neglect to check a few things, but if they notice the issue, what do you think their response should be...

Not having seen postings on this specific issue here, my reading of the situation at this point is
a) one month of having no residence is not going to make a big difference.
b) you indicated that you have a job (pay statement) in US. That is even more proof of residence ties to US. In fact, that will be the biggest evidence.
c) you need to have a credible story if the officer checks your passport. If he/she does not, you are home free. While a 100 ideas run through my mind, it will be best for you to think through how will you justify the stamp. One option would be to say that when your husband moved, your company also decided to move you along with him, but later backtracked.

Coming to Dream's point, I do not think there is any sharing of TOR between India and US. Even if there is, it would be so haphazard I will be surprised if they could use the data effectively.

To your husband, assuming he is on GC, some unsolicited advice... If you intend to come back to US long term and retain GC / convert to USC, report all India income on your 1040. They way I see things, with each passing year they are going to get progressively harsher on global taxation issues that a TOR stamp will almost be a non-issue.
 
Last edited by a moderator:
You people are great and helpful. I searched this whole blog site and also other few on internet looks like nobody did this mistake it is good that i am setting an exampl of what should not be done. I dont have any criminal history just have one old traffic ticket with only fine and no points which i paid in time. My husband is aparently going to break continuous residence because he got a good job but i plan to take USC and be in usa and he can join me later after 2 to 3 yrs. I will wait for more people to answer this but Sanjose and Dream* I thank you a lots.
 
There is more to story..I think

Transfer of Residence (TOR) to India entails citizens of India/foreign nationals certain items to be duty free. If the shipment is personal effects (used clothes, etc), no duty is levied and on new personal effects a 61.2% duty is charged. Similarly, there are limitations on common household electrical/electronic equipment but duty (from 35.2% - 61.2%) is levied based on dollar limit.
If you have tried to avail duty-free shipment; then it is considered TOR; depending on items shipped and eligible dollar limits, etc.
The limitation earlier was that NRI (Non Resident Indian) when availed TOR, had to stay in India for at least one year to be eligible for duty-free import. The one year limitation has been now removed and NRI can leave India any time after availing TOR benefits.
Depending on what was intended purpose of shipment of items under TOR (avail duty-free benefits, etc); you may need to look for a solution/answer.
 
TOR stamp or whatever done by India authorities has nothing to do with your N400. As long as your own case is clean (criminal, continuous residency etc), you don't have to worry about the case. I don't think the IO has nay clue on the stamp. I doubt he will ask. Just state the fact that you sold the house and brought stuff to India for your parents use.
Your n400 has nothing to do with your husband's case. Go and file both as soon as you are eligible.
 
Olddude Kaatupaadi your words gave me hopes while i am going to wait for more friends on the forum to answer and help me. I donot have any criminal history and my husband was let go from the job only because of bad economy while luckily i have my job. Single income is not sufficient to take care of house and other things hence we sold it thinking we can always buy it again once things are good in life and the honest reason is that i thought the furniture and stuff can be used by my parents, I got a good deal with sea-shipping so sent it.

Olddude can you please send the link anywhere on internet that will show this rules please i will print it and use it to convince my case.
 
Technically you have nothing that puts you in trouble as far as n400 is concerned. Yours is a not a marriage based case. Employment GC based n400 are really not complex and I bet the IO doesn't really care about your passport pages unless you were out for 6+ months. Just explain if he asks. They have nothing legally to deny or even delay for that matter your N400 case. Even if the IO does make a case out of it, it wont stand.
 
google "transfer of residence from usa to india" or "transfer of residence to india". you can explain IO reason for availing TOR benefits. Please contact a good CA in India, just in case and just in the event that IO asks you regarding TOR.
Please remember that taxes are always a complex subject and international taxes can get even more trickier.
 
Desparate2CTZ, I agree with the previous post...you have to be careful...Technically, you are trying to gain and take advantage of the system in both ways: claiming residency in India (not to pay importation duties by stating your residency was transferred to India from US) and claiming US residency for US immigration purposes. I know that you did not do this in purpose perhaps even did not realize the potential consequences.

My suggestion is to contact US immigration lawyer (such as Mr Rajov Khanna, host of this forum or other) for a very brief consultation who also understands Indian rules/regulation.
 
Apply for a new passport...

Claiming that the old one lost with Indian consulate near your residence.
 
nh786 said:
Claiming that the old one lost with Indian consulate near your residence.
Click to expand...

This is what is known as creating a bigger (or newer) problem while trying to hide a small one. Oh, I have seen so many movies with this story, although in practice it might work.
 
Friends i know you all are helping here and I have chosen on a route to be honest no matters what happens with my application. If they declines my USC I think i still will have my GC status. I am waiting for moderators and more other friends to help me with this situation. Still waiting *********
 
Last edited by a moderator:
Unless the interviewer was originally from India, they almost surely won't know what that "transfer of residence" stamp means. If I saw it myself I would think it means transferring out of India. And if you have spent only one month in India for the year it is highly unlikely your continuous residence will come into question. So apply and stop worrying about it! Only your husband has to worry about something, as he could lose his green card if he plans to stay and work outside the US for such a long time. I hope he applied for a reentry permit.
 
Jackolantern said:
Unless the interviewer was originally from India, they almost surely won't know what that "transfer of residence" stamp means. If I saw it myself I would think it means transferring out of India. And if you have spent only one month in India for the year it is highly unlikely your continuous residence will come into question. So apply and stop worrying about it! Only your husband has to worry about something, as he could lose his green card if he plans to stay and work outside the US for such a long time. I hope he applied for a reentry permit.
Click to expand...

I agree. Jut stop worrying and apply ASAP.
 
You must log in or register to reply here.
Top