Under 1 Year but Over 6 month Rule - Secondary Evidence Needed

S

santoki

Registered Users (C)
Hello All,

I have my interview scheduled for January 10th and I'm in the process of gathering the secondary evidence necessary to prove that I did not intend to break my continuous residence when I left the US for 11 months back in 2007. The purpose of the trip was to visit family and experience the culture while learning to become fluent in the language. When returning home I knew that being fluent in the language would be of great importance to my job. I ended up staying for 11 months, returning home for about a month, and then returning for 4 more months before going back to the US for good and beginning my new job.

I have scoured the forums to see what kind of evidence I might need and have come up with this list so far:

1) Tax forms for the past 5 years (during the time I was gone I was listed as a dependent on my father's tax forms which I will bring as well)
2) Letter from my employer (stating there was an intention for me to return home to start this job)
3) Bank statements (showing that during my time abroad I was paying to finance my car that I still own today)

Those are the three main pieces of secondary evidence I believe would be sufficient to show my intention to remain a GC holder. Are there others that would be of great importance to present during my interview?
 
Add 4) Car title or old registration papers to show that you owned the car before you left on that 11-month trip, and the latest car registration to show that you still own it.

Were you employed at the same company both before and after the 11-month trip? Did you work when abroad?
 
santoki said:
Hello All,

I have my interview scheduled for January 10th and I'm in the process of gathering the secondary evidence necessary to prove that I did not intend to break my continuous residence when I left the US for 11 months back in 2007. The purpose of the trip was to visit family and experience the culture while learning to become fluent in the language. When returning home I knew that being fluent in the language would be of great importance to my job. I ended up staying for 11 months, returning home for about a month, and then returning for 4 more months before going back to the US for good and beginning my new job.

I have scoured the forums to see what kind of evidence I might need and have come up with this list so far:

1) Tax forms for the past 5 years (during the time I was gone I was listed as a dependent on my father's tax forms which I will bring as well)
2) Letter from my employer (stating there was an intention for me to return home to start this job)
3) Bank statements (showing that during my time abroad I was paying to finance my car that I still own today)

Those are the three main pieces of secondary evidence I believe would be sufficient to show my intention to remain a GC holder. Are there others that would be of great importance to present during my interview?
Click to expand...

Look up and read the controlling regulations at 8 CFR 316.5 (c)(1)(i)(A-D). Go to www.uscis.gov on the laws tab.
 
Jackolantern said:
Add 4) Car title or old registration papers to show that you owned the car before you left on that 11-month trip, and the latest car registration to show that you still own it.

Were you employed at the same company both before and after the 11-month trip? Did you work when abroad?
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I was working with my employer throughout college, but after I graduated I went on this trip. I returned to the same employer in a different role that required a greater use of the other language. While abroad, I did not work formally. I did tutor a few students in English and was paid in cash in order to have spending money. I was living with family so I had no other expenses.
 
BigJoe5 said:
Look up and read the controlling regulations at 8 CFR 316.5 (c)(1)(i)(A-D).
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a) I was working for my employer before I left, but I wasn't still on the payroll during my absence. However, I returned when my employer had another role ready for me and I had become sufficiently fluent in the other language. I'm not sure if I meet this requirement exactly.

b) & c) I definitely meet both of these.

d) I did not obtain employment while abroad, however I did informally teach a few students English for cash during that time. I maybe had 4-5 students weekly that I would see for about an hour. This gave me enough spending money as other expenses were covered by my family.
 
Car Registration

Jackolantern said:
Add 4) Car title or old registration papers to show that you owned the car before you left on that 11-month trip, and the latest car registration to show that you still own it.

Were you employed at the same company both before and after the 11-month trip? Did you work when abroad?
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One more question, Jackolantern, wouldn't the car old car registration be the same as the new one since I've owned the car the whole time? Do you think showing the original registration plus a copy of my current ownership (since I don't want them to hang onto that since I need to carry it in my car) suffice?
 
santoki said:
One more question, Jackolantern, wouldn't the car old car registration be the same as the new one since I've owned the car the whole time?
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Car registrations normally expire in 1 or 2 years. If you show an expired registration it would be useless for proving that you still own the car. So you should present the old registration to show that you owned it back in 2007, plus an unexpired registration as evidence of recent ownership. And bring the title if you have it (although that may be impossible because if the loan isn't paid off yet the bank or dealer might have physical control of the title).

Do you think showing the original registration plus a copy of my current ownership (since I don't want them to hang onto that since I need to carry it in my car) suffice?
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Don't worry about it being carried in your car. Secondary evidence like this should be brought to the interview, not submitted with the application. And when you bring it to the interview, they won't keep it, they'll just make a copy of it and give it back to you immediately. You could also make a copy in advance, so when you show the original you can also give them the copy if they want a copy, instead of having them pause the interview to make a copy.
 
Jackolantern said:
Car registrations normally expire in 1 or 2 years. If you show an expired registration it would be useless for proving that you still own the car. So you should present the old registration to show that you owned it back in 2007, plus an unexpired registration as evidence of recent ownership. And bring the title if you have it (although that may be impossible because if the loan isn't paid off yet the bank or dealer might have physical control of the title).


Don't worry about it being carried in your car. Secondary evidence like this should be brought to the interview, not submitted with the application. And when you bring it to the interview, they won't keep it, they'll just make a copy of it and give it back to you immediately. You could also make a copy in advance, so when you show the original you can also give them the copy if they want a copy, instead of having them pause the interview to make a copy.
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Ok, the car is paid off and I can get the original registration, current one, and the title. Would that be enough evidence or would I still have to present bank statements to show the payments? I'd rather not show bank statements if I don't have to.
 
Look http://forums.immigration.com/showthread.php?545967-Citizenship-under-4-year-one-day-rule

Abdul-Khalek v. jenifer 890 F.Supp 666 (1995) http://scholar.google.com/scholar_case?case=1558460693842986333&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Matter of Vafaei Makhsoos 597 F.Supp 499 (1984) http://scholar.google.com/scholar_c...&q=Vafaei+Makhsoos&hl=en&as_sdt=2,22&as_vis=1

Relevant factors are:
- not terminating employment in the uS
- presence of immediate family in the US
- retention of full access to US home
- not obtaining employment abroad
 
Relevant Factors

[/QUOTE]Relevant factors are:
- not terminating employment in the uS
- presence of immediate family in the US
- retention of full access to US home
- not obtaining employment abroad[/QUOTE]

As answered above, my employment ended before I left the US but I returned to the same office in a different position when I returned. I will be presenting a letter from my employer stating her intention to offer me a position once I returned. I also have my immediate family here who have been living at the same address for nearly 12 years and I've always had full access to the home. Finally, I did not work abroad except on a part-time cash basis (tutoring) to have simple spending money.

Is the last point something I should mention or wait until asked? By reading the forums it seems like if the I/O doesn't ask you shouldn't tell, but then that might delay the process if they then ask for more secondary evidence. I think mine is a simple case and easy to prove, but I just don't want to give too much information when I don't have to.
 
raevsky said:
Is that work abroad on your US tax return that you filed?
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No, the first time I filed taxes on my own would have been 2009. In 2007 and 2008 I was still listed as a dependent on my father's tax return which I will be bringing as secondary evidence. The amount of money I made abroad from tutoring was negligible - would have been under $3000 most likely in all that time.
 
So, you did not file tax returns in the US in 2007 and 2008 because your income abroad (and total too) was below certain number? I think you could mention those reasons for not filing tax return on your own.
 
raevsky said:
So, you did not file tax returns in the US in 2007 and 2008 because your income abroad (and total too) was below certain number? I think you could mention those reasons for not filing tax return on your own.
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Well, I still filed, but through my father. I was only 22 at the time and did not have a job, and the little income I had abroad was definitely not worthy of filing on my own. The first year that I worked full-time at home, 2009, I filed on my own and have done so since then.

Any thoughts as to how you guys think my case would play out?
 
santoki said:
Ok, the car is paid off and I can get the original registration, current one, and the title. Would that be enough evidence or would I still have to present bank statements to show the payments? I'd rather not show bank statements if I don't have to.
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The bank statements are important for another reason: you should show that you maintained financial ties to the US during that long trip. If you're still with the same bank, you could get an official letter from the bank saying that you opened your account on XX/XX/XXXX and as of XX/XX/2011 you still have an open account. Then show the letter at the interview. Also bring 2 or 3 bank statements scattered throughout that 11-month trip, just in case they specifically ask for bank statements.
 
As to Big Joe's response about the 4 main criteria for secondary evidence, how exactly do I show that my family has maintained the same residence and that I have had full access to the house?

What sort of proof would I need for that, or do I simply answer yes to those questions?
 
santoki said:
As to Big Joe's response about the 4 main criteria for secondary evidence, how exactly do I show that my family has maintained the same residence and that I have had full access to the house?

What sort of proof would I need for that, or do I simply answer yes to those questions?
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1) Lease/mortgage/property tax papers with your family member's name(s) to show they owned or rented the property when you were away
2) Documents having your name (e.g. bank statements, cellphone bills, car registration papers or insurance bills) and the same address as (1), with dates before, during and after your long trip
3) Documents proving the family relationship (particular birth certificates to prove sibling or parental relationships)

Normally (2) will be sufficient. But if available, gather evidence for (1) and (3) just in case you get a really demanding interview who wants to see more and more.
 
Jackolantern said:
1) Lease/mortgage/property tax papers with your family member's name(s) to show they owned or rented the property when you were away
2) Documents having your name (e.g. bank statements, cellphone bills, car registration papers or insurance bills) and the same address as (1), with dates before, during and after your long trip
3) Documents proving the family relationship (particular birth certificates to prove sibling or parental relationships)

Normally (2) will be sufficient. But if available, gather evidence for (1) and (3) just in case you get a really demanding interview who wants to see more and more.
Click to expand...

Does (1) have to be originals, or would photocopies suffice?
 
Tax Forms

BigJoe5 said:
Generally, only copies are needed. In a rare case where the copy looks fake, an original may be requested.
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As far as the tax returns go, I'll be asked to present ones from 2006-2010. From 2006-2008, I was listed as a dependent on my father's tax returns. Do I need to present a photocopy of the entire return, or simply the part that lists me as a dependent?
 
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