Jump to content
Sign in to follow this  
centrinouk

Applying for Citizenship while living abroad and not working

20 posts in this topic

Recommended Posts

Filed: Timeline

Dear All,

My best friend Married to U.S citizen for more than 8 years , His wife and children 6 years girl are both U.S Citizens.

He has a Green Card (Permanent Resident) since August 2010 and it's non conditional valid for 10 years so , he is eligible to apply for citizenship by August 2013.

He is working and living in Abu Dhabi , United Arab Emirates the whole time with his wife and children living with him all the time, he always travels to U.S every 6 months for 1 week to 1 month with his family.

He has a house in FL , Driver's license issued in there , has shared bank account and it's bona fide marriage and establishing life together.

Now my point is how comes he can apply for a U.S Citizenship while he is abroad and he is not working in the U.S.A?

Because I know for fact he must make tax return in order to be eligible for citizenship however , so far I have heard you can still report your abroad income and claim tax return on it but I don't know how please advise.

What kind of steps to be taken to make him eligible for a U.S Citizenship

Thanks,

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Unless your friend is working for the US government, his naturalization application will be denied.

As for filing taxes, sure, file 1040 with form 2555 to report foreign income. That will not result in any money "returned" as none were withheld and this alone will not be sufficient to become eligible for naturalization.

Dear All,

My best friend Married to U.S citizen for more than 8 years , His wife and children 6 years girl are both U.S Citizens.

He has a Green Card (Permanent Resident) since August 2010 and it's non conditional valid for 10 years so , he is eligible to apply for citizenship by August 2013.

He is working and living in Abu Dhabi , United Arab Emirates the whole time with his wife and children living with him all the time, he always travels to U.S every 6 months for 1 week to 1 month with his family.

He has a house in FL , Driver's license issued in there , has shared bank account and it's bona fide marriage and establishing life together.

Now my point is how comes he can apply for a U.S Citizenship while he is abroad and he is not working in the U.S.A?

Because I know for fact he must make tax return in order to be eligible for citizenship however , so far I have heard you can still report your abroad income and claim tax return on it but I don't know how please advise.

What kind of steps to be taken to make him eligible for a U.S Citizenship

Thanks,


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Share this post


Link to post
Share on other sites

I see two problems here:

1. Working abroad: Definitely a red flag for USCIS.

2. Physical presence in the US: Will your friend have lived in the US for at least 18 months out of the three years when the time comes to apply? Just meeting the continuous residence requirement (i.e., no single trip longer than six months) is not sufficient. He needs to meet the physical presence requirement as well.

Share this post


Link to post
Share on other sites
Filed: Country: Netherlands
Timeline

Dear All,

My best friend Married to U.S citizen for more than 8 years , His wife and children 6 years girl are both U.S Citizens.

He has a Green Card (Permanent Resident) since August 2010 and it's non conditional valid for 10 years so , he is eligible to apply for citizenship by August 2013.

He is working and living in Abu Dhabi , United Arab Emirates the whole time with his wife and children living with him all the time, he always travels to U.S every 6 months for 1 week to 1 month with his family.

He has a house in FL , Driver's license issued in there , has shared bank account and it's bona fide marriage and establishing life together.

Now my point is how comes he can apply for a U.S Citizenship while he is abroad and he is not working in the U.S.A?

Because I know for fact he must make tax return in order to be eligible for citizenship however , so far I have heard you can still report your abroad income and claim tax return on it but I don't know how please advise.

What kind of steps to be taken to make him eligible for a U.S Citizenship

Thanks,

Well first of all, it doesn't look like he'll meet the physical presence test either applying on 5-year or 3-year rule at this point. The rule of thumb is that a Green Card holder needs to be physically present in the US for at least 6 months (180 days) out of a year. This rule is also part of the eligibility requirements for citizenship.

From what you are telling us he has only been in US for about 1 or 2 months out of a year in the last few years so he won't be eligible to apply for citizenship right now. Actually, I'm also pretty sure that if he doesn't stay longer in the US in the next few years USCIS won't extend his GC either. The best thing this guy can do is establish himself in US for at least three to five years and then apply for US citizenship. After citizenship he can do whatever he wants.

As far as taxes go, yes the IRS has some provisions for foreign earned income to avoid double taxation. That would most likely apply to this person.


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

Share this post


Link to post
Share on other sites
Filed: Country: Netherlands
Timeline

I see two problems here:

1. Working abroad: Definitely a red flag for USCIS.

2. Physical presence in the US: Will your friend have lived in the US for at least 18 months out of the three years when the time comes to apply? Just meeting the continuous residence requirement (i.e., no single trip longer than six months) is not sufficient. He needs to meet the physical presence requirement as well.

"Working abroad" (e.g. telecommuting) is fine as long as you're physically present in the US and has filed the correct tax returns with it. This guy is practically not living in the US but in Abu Dhabi.


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

Share this post


Link to post
Share on other sites

"Working abroad" (e.g. telecommuting) is fine as long as you're physically present in the US and has filed the correct tax returns with it. This guy is practically not living in the US but in Abu Dhabi.

Yes, he is not telecommuting and it looks like he is not working for a US company.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

He should read the N400 eilgibility material available on the USCIS website. The worksheets are helpful in determining whether is has met the various criteria.

If he hasn;t filed taxes and he's been out of the country as much as indicated he simply doesn't meet the criteria


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Share this post


Link to post
Share on other sites
Filed: Timeline

Yes, he is not telecommuting and it looks like he is not working for a US company.

He is not working for a U.S Company yes true and all what I've mentioned is above

but Regarding 2555 and 1040 he has never reported that before.

Can he report that for 2010 and 2011 now or no??

Share this post


Link to post
Share on other sites

He is not working for a U.S Company yes true and all what I've mentioned is above

but Regarding 2555 and 1040 he has never reported that before.

Can he report that for 2010 and 2011 now or no??

I think he could file for late taxes and pay a penalty. You would need to check with IRS.

Regarding some more info about his story, did he leave the US right after he got his GC?

Share this post


Link to post
Share on other sites
Filed: Timeline

Unless your friend is working for the US government, his naturalization application will be denied.

As for filing taxes, sure, file 1040 with form 2555 to report foreign income. That will not result in any money "returned" as none were withheld and this alone will not be sufficient to become eligible for naturalization.

but Regarding 2555 and 1040 he has never reported that before.

Can he report that for 2010 and 2011 now or no??

Share this post


Link to post
Share on other sites
Filed: Timeline

I think he could file for late taxes and pay a penalty. You would need to check with IRS.

Regarding some more info about his story, did he leave the US right after he got his GC?

Yes he did

He was issued IR1/CR1 visa from U.S embassy in Abu Dhabi by March 2010 and then he Landed by July 2010 and then his Green Card was issued by August 2010 and then he left immediately true

and he always going there back and forth 2 times a year every 6 months

Share this post


Link to post
Share on other sites
Filed: Country: United Kingdom
Timeline

and he always going there back and forth 2 times a year every 6 months

Applicants are required to show that they were:

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens

Share this post


Link to post
Share on other sites

Yes he did

He was issued IR1/CR1 visa from U.S embassy in Abu Dhabi by March 2010 and then he Landed by July 2010 and then his Green Card was issued by August 2010 and then he left immediately true

and he always going there back and forth 2 times a year every 6 months

As I indicated earlier, going back and forth twice a year is not sufficient. Your friend is not meeting the physical presence requirement (i.e., days present in the US).

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Sure he can file late. Depending on if he owes taxes on his foreign income, there may be penalties, but he can file. Why don't he (you) call the IRS helpline?

but Regarding 2555 and 1040 he has never reported that before.

Can he report that for 2010 and 2011 now or no??


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Share this post


Link to post
Share on other sites

If he filed for past years but left out certain forms/whatever he can file an amended return, the 1040X, along with the missing/amended forms.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...