URGENT: N-400 application. Stayed outside US for 7 months; wife was not well

[paadoggi 1]

Greetings all,

I got my Green Card in Jan 29, 2007. I'm hoping to file for my citizenship (N-400) next week. It seems that I may have broken my continuous residence requirements since I was in Ghana from July 26, 2011 to February 20, 2012 (209 days). My only other travel outside was 2 years ago for 51 days.

• The reason why I was there for this long is because my wife whom I married (in August, 2011 while there) was sick for some time so I had to stay with her to support her. I really did not know anything about the 6> months plus situation until yesterday. By the way I also filed I-130 for her just 2 days ago.

• I moved back to the same address in the US. I actually live with my US citizen mother along with two brothers (both brother's are citizens; one qualified under the derivative rule. He was under 18 when mother became a citizen in 2004) in the same house. We have been at this address for almost 5 years now. I support her sometimes with bill payments but the house is actually in her name.

This is what I can get:

• Have driver’s license with same address.

• Could get some hospital bills etc from wife in Ghana (this will take about 2 weeks or so).

• I maintained my bank accounts (2 different banks). I used my account for transactions abroad when I overstayed my trip.

• I have been renting small unit storage since August, 2011. I have the payment history from August with my name on it.

• I have 3 years of IRS tax and then hopefully 2011 tax by interview time.

• I have some 401k history up till my employment ended but the account is still active with Fidelity even though nothing goes in.

My employer had to let me go in September after I overstayed my Vacation time. I was paid by employer up till September 12, 2011.

1. What will I need to prove that I NEVER intended to be in Ghana for this long? Please help!

2. Also, what should I include with my application besides green card copy and passport pictures?

3. Or should I wait for the 4 years, 1 day rule thing?

Thank you for your time and God bless!

[Udella&Wiz 325]

Greetings all,

I got my Green Card in Jan 29, 2007. I'm hoping to file for my citizenship (N-400) next week. It seems that I may have broken my continuous residence requirements since I was in Ghana from July 26, 2011 to February 20, 2012 (209 days). My only other travel outside was 2 years ago for 51 days.

• The reason why I was there for this long is because my wife whom I married (in August, 2011 while there) was sick for some time so I had to stay with her to support her. I really did not know anything about the 6> months plus situation until yesterday. By the way I also filed I-130 for her just 2 days ago.

• I moved back to the same address in the US. I actually live with my US citizen mother along with two brothers (both brother's are citizens; one qualified under the derivative rule. He was under 18 when mother became a citizen in 2004) in the same house. We have been at this address for almost 5 years now. I support her sometimes with bill payments but the house is actually in her name.

This is what I can get:

• Have driver’s license with same address.

• Could get some hospital bills etc from wife in Ghana (this will take about 2 weeks or so).

• I maintained my bank accounts (2 different banks). I used my account for transactions abroad when I overstayed my trip.

• I have been renting small unit storage since August, 2011. I have the payment history from August with my name on it.

• I have 3 years of IRS tax and then hopefully 2011 tax by interview time.

• I have some 401k history up till my employment ended but the account is still active with Fidelity even though nothing goes in.

My employer had to let me go in September after I overstayed my Vacation time. I was paid by employer up till September 12, 2011.

1. What will I need to prove that I NEVER intended to be in Ghana for this long? Please help!

2. Also, what should I include with my application besides green card copy and passport pictures?

3. Or should I wait for the 4 years, 1 day rule thing?

Thank you for your time and God bless!

I took this bit from the VJ Guide, some of the evidence your'e suggesting using above may help to prove you kept ties to the US during that period.

"If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return 'transcript' or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

Rent or mortgage payments and pay stubs."

Also look at the worksheet from the USCIS site to determine out whether you've actually spent enough time in the US since receiving your GC. http://www.uscis.gov/files/article/attachments.pdf

When you returned after being out of the country for 200+ days, did you require a waiver to return?

[paadoggi 1]

I took this bit from the VJ Guide, some of the evidence your'e suggesting using above may help to prove you kept ties to the US during that period.

"If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return 'transcript' or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

Rent or mortgage payments and pay stubs."

Also look at the worksheet from the USCIS site to determine out whether you've actually spent enough time in the US since receiving your GC. http://www.uscis.gov/files/article/attachments.pdf

When you returned after being out of the country for 200+ days, did you require a waiver to return?

I actually did not have an issue at POE when I came back. I explained the situation to the officer at customs. The issue with pay stubs is that my employer had to let me go so I resigned mutually as I had to be there with my wife. I have pay stubs up till September 12, 2011 although I was gone in July 26th. I wonder if I can use those pay stubs up until September 2011. I do have an active students loan from 2007 and a lot of transactions on a couple of my bank accounts from my travel. What about my storage statement ledger?

[Brother Hesekiel 2,236]

Dude . . . you'll need to chill. It's a non-issue . . . like totally.