US ties for CR sufficient?

PR81502

Registered Users (C)
I have a bank statement obtained in 2007 with an annotation indicating account was opened in 2003. I have online print outs of transactions for 2005, 2006, 2007, 2008 but unable to print out 2003 and 2004.

My year in question for break in CR is 2004(11.5 months). I am trying to get the bank to send me the transactions for 2004, but they no longer have the records readily available and will cost $30.00/hr to retrieve the 2004 transactions from their archives. I find that too costly.

In addition;

1. I have affidavit from my dad for the period my primary domicile was his residence.
2. Social security card envelope received at dad's address.
3. Transcripts of 1040 resident returns for (2003 & 2004) filed in 2007 $0.00 liability, 2005, 2006, 2007 and 2008.
4. Letter from employer indicating start date and end date of employment overseas.

Should I get them to send me a letter indicating the account was opened in 2003 and was active for 2003 and 2004 but the bank no longer provides bank account statements for those years?

[As a side note I applied 4 years + 1 day after my last trip with no more trips outside USA, but I did not select option D of part 2 at filing(accidentally). I am planning on taking a cover letter and an updated page with the part D selected though the IO may pay it no attention.]


Thanks.
 
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Proof that you opened a US bank account in 2003 won't be the make/break factor in showing that you did not intent to break continuous residency. Do you have US utility bills for the time you were outside US? Did you have a valid US driver's license? Get as much supporting documentation as possible. Also, the 4 year +1 day rule is for continuous absences outside the US for more than 1 year.
 
Proof that you opened a US bank account in 2003 won't be the make/break factor in showing that you did not intent to break continuous residency. Do you have US utility bills for the time you were outside US? Did you have a valid US driver's license? Get as much supporting documentation as possible. Also, the 4 year +1 day rule is for continuous absences outside the US for more than 1 year.

No utility bills(residence was my dad's: every utility in his name) or DL in my name for the 2004 period. My dad throw away all junk mail that came for me at the time. So for 2004 all I have is the affidavit from my dad, bank account, the employment letter and transcripts of tax returns 2004.

Thanks
 
Don't worry about not having junk mail as proof, I had tons and they did not care for it at all. From me they wanted a lease in my name and bills in my name ( I had your same problem ) since bills and lease were under my parents name for me it was a no go :-(
My first application ended in denial.

On the bright side I have seen others make it these days with long stays outside the US it all boils down to how much of an A$$ your IO is, take them what you have, hope for the best and good luck :-)
 
Don't worry about not having junk mail as proof, I had tons and they did not care for it at all. From me they wanted a lease in my name and bills in my name ( I had your same problem ) since bills and lease were under my parents name for me it was a no go :-(
My first application ended in denial.

On the bright side I have seen others make it these days with long stays outside the US it all boils down to how much of an A$$ your IO is, take them what you have, hope for the best and good luck :-)

I have to send more document to prove residency ties: http://forums.immigration.com/showthread.php?t=298144. The years in question are 2003 and 2004. All I can send is transactions from my savings accounts passbook for 2003 and online printout of transactions for 2005. I did not update my passbook on return in 11/2004, so I have no records for 2004. I gave them a letter from employer stating position overseas was temporary from November 2003 to October 2004.


If that does not work. I will have to reapply in August 2009 if they do not delay their decision.
 
Approved!!!!!

I called the 1-800# today for an update on my case and the 2nd level IO told me USCIS mailed the OL on 6/17/09. My OD is 6/29/09.

Best wishes to the other members still pending.
 
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