US Citizenship and tax filing

[olan]

I became PR Aug 06, stayed 2 months then went back to UK. Since then till Jan 10, I have been in and out of US sometimes staying outside more than 6 months. I was studying at the time I became a PR and then also got married along the line so it was kinda impractical to abandon all that to stay permanently in US.
I finally settled in US in Jan10 and have been working since that time and 2010 was the first year i have filed taxes in US. I would have been eligible to apply for citizenship last year Aug(2011) if not for all my absences.

I would complete the 30 out of the required 60 (physical residency) months in July and would like to put in my N400 at that time but I have few questions:

*I will only have 2 tax returns 2010 and 2011 when I apply but can i file for prior years (06, 07, 08, 09) on overseas income and use those too?
*Will studying and marriage be enough reason to justify the absences.
*Need a clearer meaning of the term 'abandonment of residency'; personally I interpret the term to apply to someone who was living/working in the US as a PR and then decided to leave for another country ; Is that different from my case since technically I never actually really lived/worked in the US prior to my settlement Jan 2010.

By the way, I had a bank account and drivers license since Aug 06.

Please advice as I desperately need to naturalize this year. Thanks.

 

[nwctzn]

Looks like your case is a little bit complicated with your extended stay overseas and your tax situation. Also, besides the physical presence, you must meet the continuous residence requirement as well.

I would consult with an immigration lawyer.

 

[JCChu]

Trips outside of U.S. for more than 6 month

For the trips out of U.S. for more than 6 months, did you apply for travel document?
When you came in the U.S. on Jan. 10, did the immigration officer ask you anything about you staying out of the U.S. for more than 6 month?

 

[Jackolantern]

*I will only have 2 tax returns 2010 and 2011 when I apply but can i file for prior years (06, 07, 08, 09) on overseas income and use those too?

You need to file those old returns if your income exceeded the threshold for being required to file, but that's only to ensure you don't have any outstanding unfiled required returns. It won't help much for proving continuous residence, because you didn't file them when you were still abroad or shortly thereafter.

*Will studying and marriage be enough reason to justify the absences.

The marriage would count against you because your spouse was outside the US, which indicates having residential ties outside the US. For marriage to help, your spouse would have to remain in the US for most or all of the time while you're outside the US.

*Need a clearer meaning of the term 'abandonment of residency'; personally I interpret the term to apply to someone who was living/working in the US as a PR and then decided to leave for another country ; Is that different from my case since technically I never actually really lived/worked in the US prior to my settlement Jan 2010.

Because you did not establish any meaningful ties to the US before Jan 2010, and you spent so much time outside the US in the years before that including trips of over 6 months, you're probably not going to be approved for citizenship if you apply before 2014.

 

[Jackolantern]

For the trips out of U.S. for more than 6 months, did you apply for travel document?

The reentry permit doesn't help for naturalization, it's only for enabling or easing entry at the POE. The OP was already admitted back into the US after those long trips, so the reentry permit has become irrelevant at this stage.

 

[JCChu]

The reentry permit doesn't help for naturalization, it's only for enabling or easing entry at the POE. The OP was already admitted back into the US after those long trips, so the reentry permit has become irrelevant at this stage.

I absolutely agree with you. It's just that in my case, I was asked about my long trips back to my home country and asked to show reentry permit. The reason for this, according to the IO that handled my case, is that I might have long trips back and did not file reentry permits and was just lucky didn't get caught when I came in. In that case, I shouldn't even have my PR status.

 

[Jackolantern]

I absolutely agree with you. It's just that in my case, I was asked about my long trips back to my home country and asked to show reentry permit. The reason for this, according to the IO that handled my case, is that I might have long trips back and did not file reentry permits and was just lucky didn't get caught when I came in. In that case, I shouldn't even have my PR status.

Oh, so you had a trip of longer than a year? Then it might make some sense to ask for the permit. But even then, they should have been able to see the permit in your file, or at least a computer record of the permit being issued, without you having to show them the permit itself.

 

[JCChu]

Oh, so you had a trip of longer than a year? Then it might make some sense to ask for the permit. But even then, they should have been able to see the permit in your file, or at least a computer record of the permit being issued, without you having to show them the permit itself.

Yes. After my interview, my case was not approved, but pending for document. And I think I asked on this forum (I can't find the post now). After I was told about the A-file, I scheduled an infopass to go to the office just to "remind" them that it should be in my A-file. It was in computer record. But somehow I just needed to remind them about it. I guess some of the IOs are just not as knowledgeable as some people in this forum

(Many thanks to this forum and all the nice people answering questions and helping)

 

[olan]

Thanks for all the replies/advice. I plan to file all unfiled taxes and give it a try anyways depending on my bank balance around that time. The purpose of my desperation is to be able to bring my wife to US quicker since I130 seems to be progressing a little slowly and her PD is Feb 2011 .. I know.. I should have applied earlier!!!
Her last tourist visa was granted before we got married and she has been to US 2ce and our son is also a US citizen. She plans to renew her tourist visa in the near future hopefully they don't deny her because her husband is a LPR. This way she can visit(with son) as well since I get only so many vacation days in a year.

 

[Jackolantern]

Her last tourist visa was granted before we got married and she has been to US 2ce and our son is also a US citizen. She plans to renew her tourist visa in the near future hopefully they don't deny her because her husband is a LPR. This way she can visit(with son) as well since I get only so many vacation days in a year.

The fact that she already visited the US twice while married to you and returned to her country (presumably without overstaying) will be very helpful, and she should mention that fact when they ask about her marriage to you at the visa interview. It still will be difficult to get the visa renewed though.

 

[olan]

The fact that she already visited the US twice while married to you and returned to her country (presumably without overstaying) will be very helpful, and she should mention that fact when they ask about her marriage to you at the visa interview. It still will be difficult to get the visa renewed though.

I guess maybe not a good idea to apply for a visa especially due to the fact she will qualify to naturalize (later this year) in a European country that participates in Visa Waiver Prg.
Another quick question - NVC has started further processing on my wife's I130 application and I will need to fill out an I864 soon so I had a quick look at the form. There is a part that asked whether I filed taxes for the past 3 years but I have only filed 2010 and 2011 as I was out of country from 2007 - 2009 (working in another country).
Question is:
1. Can someone else file the I864 on my (the petitioner's) behalf?
2. Wont I trigger an audit if I went ahead and filed 2007 - 2009 now that I already filed 2011.

I will eventually file those un-filed years but I am not ready to do it now. I wont owe any taxes cos the country where I worked has tax treaty with US + I made way less than the threshold.