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indian4321

ctznship eligibility...plz advice....thnx in advance

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I got GC on August 8 2004. my aunt had filed for my family.

Left for India on sep 19 2004 FOR STUDIES. took repermit valid from jan 05 to jan 07

got married to H1b and Came back to us on sep 22 06 AFTER 2 YEARS AND 1 DAY OUTSIDE and since then in US except short trips of 1 month times 2. i HAVE TAX FILING INFORMATION FOR 2004 ONLY AND NOT FOR 2005 BUT HAVE ALL TAX INFORMATION FOR SUBSEQUENT YEARS

Please advise: Am i eligible for CtzNsip now after 4 yrs and 5 months or i have t wait 6 more months. aND SINCE i HAVE NO TAX INFORMATION FOR 1 YEAR WILL IT BE APROBLEM FOR CTZSHIP FILING.

tHANX IN ADVANCE

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You will need to file late taxes for the years you missed. One of the questions for citizenship is have you failed to file taxes.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Tax info only comes into play if you are basing time to file on three-years of marriage to a US Citizen.

Did you file a return for 2005, but lost it? If so then you may get a transcript for that year, if not, then late file it. One requirement of residency is filing returns every year as a resident, this may come up when USCIS looks into background.

I believe required period of residency restarted when you returned to the USA Sep 22 2006, so can file the N-400 within 90 days prior to 5 years from that date.

Other factors to consider are total time in and out of USA since Sep 22, 2006, and time at your current residence.

http://www.uscis.gov/files/article/chapter4.pdf (Can find a chart here)

MORE: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=598da2f39b1ab210VgnVCM100000082ca60aRCRD&vgnextchannel=598da2f39b1ab210VgnVCM100000082ca60aRCRD


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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1) I am not sure if you made a mistake here, but once you have been outside the US for more than 2 years, even by 1 day and even with a Reentry Permit, you are considered to have abandoned your residency. You may want to double check the exact dates to make sure USCIS isn't going to take your Green Card away while you are being interviewed.

2) If you returned to the US on September 22, 2006, then this was day 0 of your residency. You would be eligible to become a US citizen on September 22, 2011, assuming there are no adverse factors. You could file up to 90 days earlier, meaning some time in late June of this year.

3) Yes, you will need to file a tax return for the missing year. The N-400 form asks if you "ever" have failed . . . . since becoming a resident.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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count..4 years and 1 day from the time you returned to the usa..if you apply on being a Permanent Resident for (5 yrs or more)..or 2 yrs and 1 day if you apply on (3 yrs married to a usc)

IRS must have been filed because at interveiw the I.O "may" ask for evidence of taxes filed for all 5 yrs if they want..so if your missing 1 tax year go to your local IRS office and file back for the year your missing..

USCIS Sample below..you find this info on pages 20/22

http://www.uscis.gov...ticle/M-476.pdf

An applicant became a Permanent Resident on January 1, 1994.

• She lived in the United States for 3 years, then returned to her native country for 1 year and 3 months.

• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent

Resident status.

• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364

days the applicant was out of the United States count toward her time as a Permanent

Resident in "continuous residence," but the 3 years in the United States before leaving do not

I hope that clears your question up

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I got GC on August 8 2004. my aunt had filed for my family.

Left for India on sep 19 2004 FOR STUDIES. took repermit valid from jan 05 to jan 07

got married to H1b and Came back to us on sep 22 06 AFTER 2 YEARS AND 1 DAY OUTSIDE and since then in US except short trips of 1 month times 2. i HAVE TAX FILING INFORMATION FOR 2004 ONLY AND NOT FOR 2005 BUT HAVE ALL TAX INFORMATION FOR SUBSEQUENT YEARS

Please advise: Am i eligible for CtzNsip now after 4 yrs and 5 months or i have t wait 6 more months. aND SINCE i HAVE NO TAX INFORMATION FOR 1 YEAR WILL IT BE APROBLEM FOR CTZSHIP FILING.

tHANX IN ADVANCE

4 me in my opinion base on ur case. i prefer w8 lil more months make it 5 yrs 2 make it sure.. regardless bout the tax yr (ITR)..During Interview IO they may asked you if u file a tax.they dont matter f how many or dont have one.once you are completed cleared which is(Reviewing files,Biometric cleared by FBI,USCIS will sent you a letter by mail.Its inside which is (yellow and white)Paper stated for schedule interview.with that white letter you will read something important you need 2 bring during interview like what your 3yrs (ITR)Well i can say from 09 up to 11 thats fine but if u still got 08 tax copy that would be better... like i say IO they dont matter consecutive yrs tax. as long as you did not owe taxes from them( Federal,state govnt)Let say f you are not working,from previous yrs. that means NO TAX Year. you okay..just remember whatever you wrote down do the same thing when u say so.

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