Denied Citizenship due to disruption of continous residency

[Aaron & Anne 0]

Hello. I'm a newbie here!

I filed my N400 in April and done with fingerprinting last June 20th. I was wondering if anyone here had experienced being denied or approved in the interview in regards to staying outside US for more than 6 months but less than 1 year.

I got my GC in '07 through parents but stayed 9 months between '08 and '09 because I was a graduating student from college back then. After that, I stayed here in US from then on. Got work and has been paying taxes since 2009.

My immediate family were here while I was out and I did not work abroad. I didn't have any tax returns for 2007 and 2008 for I was still a student and totally dependent to my parents and have proof that my father had sent money from US to the Philippines. I also didn't have bank accounts, credit cards, etc.

Everyday, I'm scared as to how this journey will end up. I m still waiting for the interview letter and hoping that I can get some advise betore the judgement day!

YOLO

[ConcordUser 18]

Hello. I'm a newbie here!

I filed my N400 in April and done with fingerprinting last June 20th. I was wondering if anyone here had experienced being denied or approved in the interview in regards to staying outside US for more than 6 months but less than 1 year.

I got my GC in '07 through parents but stayed 9 months between '08 and '09 because I was a graduating student from college back then. After that, I stayed here in US from then on. Got work and has been paying taxes since 2009.

My immediate family were here while I was out and I did not work abroad. I didn't have any tax returns for 2007 and 2008 for I was still a student and totally dependent to my parents and have proof that my father had sent money from US to the Philippines. I also didn't have bank accounts, credit cards, etc.

Everyday, I'm scared as to how this journey will end up. I m still waiting for the interview letter and hoping that I can get some advise betore the judgement day!

YOLO

I think you should be ok. Please give exact dates so we can calculate dates and total time you are in US.

[bgd 2]

I think you should provide additional evidence so that you have ties to US. If you do not have tax receipts, bank accounts etc. Any cell phone contracts, utility bills under your name? Your parents presence in the country is a good indication on your side. However, if I were you, I would try to find additional evidences.

Good luck

[NotBonJovi 6]

Please post the dates you were out of the US. Also, any reason why your parents did not include you or file tax returns on your behalf for those years?

[Aaron & Anne 0]

Hello. Thanks for the reply!

Here are the dates i was outside the country for the last 5years:

10/7/2007 to 3/31/2008 - 176 days (I think I might be in trouble here too)

4/16/2008 to 1/17/2009 - 276 days

1/31/2010 to 3/2/2010 - 30 days

11/28/2011 to 1/17/2012 - 45 days

TOTAL OF 526 days

Thanks!

[Aaron & Anne 0]

Please post the dates you were out of the US. Also, any reason why your parents did not include you or file tax returns on your behalf for those years?

Good idea. I will ask my dad! Thanks!

[NotBonJovi 6]

Since you have already filed the N400, we can only hope that your IO is sympathetic to your case. However, filing taxes is mandatory and you need to have your return transcripts for the past 5 years. Please call IRS and ask them for the transcripts. Its free and you should get it within 2-3 weeks.

If asked, you may have to explain why you did not file tax returns for couple of years.

Looking at your dates, it would have been best if you had applied 4 years + 1 day after your return from the long absence. That would be 1/18/2013. That is just a little more than 6 months away. Worse case scenario, you can reapply then.

However, I hope you get an understanding IO at your interview. Stay hopeful. Good Luck!

[Aaron & Anne 0]

Since you have already filed the N400, we can only hope that your IO is sympathetic to your case. However, filing taxes is mandatory and you need to have your return transcripts for the past 5 years. Please call IRS and ask them for the transcripts. Its free and you should get it within 2-3 weeks.

If asked, you may have to explain why you did not file tax returns for couple of years.

Looking at your dates, it would have been best if you had applied 4 years + 1 day after your return from the long absence. That would be 1/18/2013. That is just a little more than 6 months away. Worse case scenario, you can reapply then.

However, I hope you get an understanding IO at your interview. Stay hopeful. Good Luck!

[Aaron & Anne 0]

Since you have already filed the N400, we can only hope that your IO is sympathetic to your case. However, filing taxes is mandatory and you need to have your return transcripts for the past 5 years. Please call IRS and ask them for the transcripts. Its free and you should get it within 2-3 weeks.

If asked, you may have to explain why you did not file tax returns for couple of years.

Looking at your dates, it would have been best if you had applied 4 years + 1 day after your return from the long absence. That would be 1/18/2013. That is just a little more than 6 months away. Worse case scenario, you can reapply then.

However, I hope you get an understanding IO at your interview. Stay hopeful. Good Luck!

Thank you! I already ordered IRS transcripts from 2009 to 2011. You've been a great help! Thanks!

[bgd 2]

Looking at your dates, it would have been best if you had applied 4 years + 1 day after your return from the long absence. That would be 1/18/2013. That is just a little more than 6 months away. Worse case scenario, you can reapply then.

4 years + 1 day is for only absence more than a year. It does not apply to absence between 6 months and 12 months. Also, it only applies if you have a re-entry permit. I learned this from USCIS officials when I got an infopass appointment.

Regarding to taxes that you did not file, you can always file 1040X for those years.

[Aaron & Anne 0]

4 years + 1 day is for only absence more than a year. It does not apply to absence between 6 months and 12 months. Also, it only applies if you have a re-entry permit. I learned this from USCIS officials when I got an infopass appointment.

Regarding to taxes that you did not file, you can always file 1040X for those years.

Hi. Did you have the same problem too?

[I AM NOT THAT GUY 5,715]

...filing taxes is mandatory and you need to have your return transcripts for the past 5 years.

I don't think so. The requirement is that you filed and paid your taxes if required, and be prepared to show why you didn't have to file, and/or what sort of agreement you have with the IRS to pay your back taxes, if any. (BTW, as a US resident, you may be required to report your worldwide income when filing your return.)

It would be good advice to have tax transcripts in case they are asked for, but transcripts are only available for the last three years. Also, for filing for citizenship based on five years of residency, they rarely ask for tax transcripts. For three year filers based on marriage to a USC, tax returns are evidence of a continuing relationship, and rarely used as proof of filing taxes.

Edited June 23, 2012 by ☼

[ConcordUser 18]

Even if you did not required to file the returns due to low income you are still required to file the returns. You might want to conact IRS and ask them to give you letter that you are not required to file. Any corresponce from IRS in that regard would be extremely helpful to you.

[bgd 2]

Hi. Did you have the same problem too?

Yes, I was out of US between 6 months and a year twice. I got the opinion of an immigration consultant and also got an infopass from USCIS. They told me that in case there is no good evidence such as tax transcripts, lease, credit card statements, utility bills, school transcripts, etc, they strongly recommended me to wait until I had 4 years and 9 months continuous residence. I did not have any of these evidences except driver licence.