Out of the country for 11 months and 4 days

[Chris213 0]

Hello guys I've been a Greencard holder since July 2007..

last November 27,2010.. I needed to go to philippines cause of my grandmother (70yrs old) being very sick because of her brain tumor..

and Around April 2011 I was about to go back to United States but she accidentally fell on the stairs and broke her hips and neck.. she can't move and needed surgery..

So i need to take care of her from April 2011 - November 2, 2011 ... and because of this my stay outside of United states is a total of 11 months and 4 days..

Now I'm applying for my citizenship. what do i need to show them in order for me to prove that i didn't ignored my resident here??

I live with my parents and doesn't have a job from 2010-2012 cause i was home studying. No tax return from 2010-2012 either.

The only thing I have is the letter from the doctor in the philippines and a letter from my mom saying that I took care of my Grandmother from Nov 2010-2011 that I showed to Immigration Officer when I got back here in United States..

And A tax return from 2008 and 2009 and 4 credit cards that I'm paying every month since i left the United States...

Is this enough prove that I didn't ignored my resident here? My mother is a US Citizen is her tax return and residency gonna help me prove it to the IO?

can you guys help me please?? I really need to be US Citizen..

[Inky 1,110]

Your mother has nothing to do with you filing your taxes and your residency to be able to apply for citizenship. She cannot help you.

You do not qualify as you have been out of the country too long and not filed your taxes.

[Chris213 0]

So having drivers license, bank accounts, credit card statements, paying rent to my parents... won't help at all?

Your mother has nothing to do with you filing your taxes and your residency to be able to apply for citizenship. She cannot help you.

You do not qualify as you have been out of the country too long and not filed your taxes.

[Dave&Roza 748]

Hello guys I've been a Greencard holder since July 2007..

last November 27,2010.. I needed to go to philippines cause of my grandmother (70yrs old) being very sick because of her brain tumor..

and Around April 2011 I was about to go back to United States but she accidentally fell on the stairs and broke her hips and neck.. she can't move and needed surgery..

So i need to take care of her from April 2011 - November 2, 2011 ... and because of this my stay outside of United states is a total of 11 months and 4 days..

Now I'm applying for my citizenship. what do i need to show them in order for me to prove that i didn't ignored my resident here??

I live with my parents and doesn't have a job from 2010-2012 cause i was home studying. No tax return from 2010-2012 either.

The only thing I have is the letter from the doctor in the philippines and a letter from my mom saying that I took care of my Grandmother from Nov 2010-2011 that I showed to Immigration Officer when I got back here in United States..

And A tax return from 2008 and 2009 and 4 credit cards that I'm paying every month since i left the United States...

Is this enough prove that I didn't ignored my resident here? My mother is a US Citizen is her tax return and residency gonna help me prove it to the IO?

can you guys help me please?? I really need to be US Citizen..

You will need to go here and see how your stay outside the US affects your ability to file for Naturalization. If you really want to become a USC, you may want to wait. FYI, just because you do not have to PAY taxes, it is always best to FILE a tax return as the USCIS will require the last three years worth of tax returns or an explaination of why you are not required to file a tax return per IRS regulations--i.e. you need to cite the letter of the law because in the USCIS' eyes every USC and LPR is required to FILE a tax return each year up to the year of your death on all income or lack there of. So you may want to file the past years tax returns so you have them for the USCIS. As an example, my brother has not had a job for the past 10 or so years, but I have filed a tax return for him as he is required to file based on IRS regulations, so just because you have no job does not get you out of the requiement of filing a tax return. Most of the time it does, but there are situations where you fall into a special catagory that requires you to file a tax return.

File you back taxes, make certain you have all evidence that you were in the PI as a temporary care giver to your Grandmother and that you maintained your residency in the US and then file for Naturalization. No need to rush and have your application denied.

Good luck,

Dave

[Chris213 0]

Thanks for the reply sir.

I actually forgot that that my older brother claimed me as a dependent through his 2010-2012 taxes..

and I have 2008 and 2009 taxes.. is this would help? or i still need to file 2010-2012 tax return??

You will need to go here and see how your stay outside the US affects your ability to file for Naturalization. If you really want to become a USC, you may want to wait. FYI, just because you do not have to PAY taxes, it is always best to FILE a tax return as the USCIS will require the last three years worth of tax returns or an explaination of why you are not required to file a tax return per IRS regulations--i.e. you need to cite the letter of the law because in the USCIS' eyes every USC and LPR is required to FILE a tax return each year up to the year of your death on all income or lack there of. So you may want to file the past years tax returns so you have them for the USCIS. As an example, my brother has not had a job for the past 10 or so years, but I have filed a tax return for him as he is required to file based on IRS regulations, so just because you have no job does not get you out of the requiement of filing a tax return. Most of the time it does, but there are situations where you fall into a special catagory that requires you to file a tax return.

File you back taxes, make certain you have all evidence that you were in the PI as a temporary care giver to your Grandmother and that you maintained your residency in the US and then file for Naturalization. No need to rush and have your application denied.

Good luck,

Dave

Edited June 12, 2013 by Chris213

[Inky 1,110]

Thanks for the reply sir.

I actually forgot that that my older brother claimed me as a dependent through his 2010-2012 taxes..

and I have 2008 and 2009 taxes.. is this would help? or i still need to file 2010-2012 tax return??

There is a question on the form " have you ever failed to file taxes." you have. Go and file your taxes.

[mandixon 9]

Hello guys I've been a Greencard holder since July 2007..

last November 27,2010.. I needed to go to philippines cause of my grandmother (70yrs old) being very sick because of her brain tumor..

and Around April 2011 I was about to go back to United States but she accidentally fell on the stairs and broke her hips and neck.. she can't move and needed surgery..

So i need to take care of her from April 2011 - November 2, 2011 ... and because of this my stay outside of United states is a total of 11 months and 4 days..

Now I'm applying for my citizenship. what do i need to show them in order for me to prove that i didn't ignored my resident here??

I live with my parents and doesn't have a job from 2010-2012 cause i was home studying. No tax return from 2010-2012 either.

The only thing I have is the letter from the doctor in the philippines and a letter from my mom saying that I took care of my Grandmother from Nov 2010-2011 that I showed to Immigration Officer when I got back here in United States..

And A tax return from 2008 and 2009 and 4 credit cards that I'm paying every month since i left the United States...

Is this enough prove that I didn't ignored my resident here? My mother is a US Citizen is her tax return and residency gonna help me prove it to the IO?

can you guys help me please?? I really need to be US Citizen..

I was in a worse situation and I just got scheduled to take my oath. I was away for 364 days at one time and for 11 months a few months before that trip. I didnt file taxes that year and I didnt have a lease here in the US while being away for almost a year. I was away on a tourist visa to a third country (i wasnt in my home country). I was with my wife (US citizen) who was conducting some academic research (she was affilated with with a US university). During my time abroad, I took temporary employment and we had a lease there and i enrolled in a distance learning program at university in that country. The officer during the interview examined my timeline very carefully and asked lots and lots of questions.

I returned from that that long trip about 2 years ago and I am fully settled back and paid taxes for the past year etc etc...

To make my case, i submitted the following (in addition to the initial evidence for marriage based N-400):

1-cover letter signed by both myself and wife explaining in details my where abouts and the nature of her work and reasons why we both didnt file taxes.

2-detailed income information for the year I was abroad with copies of my communication with IRS about attempting to file taxes (never did because IRS guidelines exempt people who make less than a particular income from paying taxes).

3-documents from my wife's school detailing the nature of her research abroad and its time frame.

4-leases and tax information for the year after i returned from the long trip.

5-copy of my communication with the US consulate in my country about the problems I had in buying a plane ticket with an expired GC stamp in my passport (airlines refused to sell tickets to me wich delayed my trip back even more). This happened in my country because i traveled back there briefly from the third country where i lived with my wife.

6-bank and credit card statements (dont have driver's lisence).

7-a notice of rejection of application for travel permit (applied for one but wasnt issued because of a problem with the check).

I asked two lawyers about my chances and they both werent that sure about getting an approval...they both gave me helpful feedback!

Maybe u should ask a lawyer! people here answer out of experienc, but lawyers base their feedback on the law! especially experienced lawyers.

my only advice is that u need to be honest! never ever try to hide anything or lie...just state the facts and present the evidence that u have.

i wasnt approved during my interview. i got the decision cant be made statement. while preparing more evidence to send in case uscis requests it, my status changed to inline to take the oath (10 days after the interview). the interview itself was smooth...no issues at all. i answered the officers questions and asked for clarifications when i didnt quite understand the questions. i was to the point and didnt argue or interrupt the officer. my whole interview was about 20 minutes.

Good luck!

Find my original posting here for more details about my case:

http://www.visajourney.com/forums/topic/419043-will-this-case-be-approved-whats-your-take/

Edited June 12, 2013 by mandixon

[Mark88 183]

One more thing could be very impotant for you: Was your mom a USC before you turned 18?

And if yes, did you have a green card while you were under 18 AND your mom was already a citizen?

Edited June 12, 2013 by Mark88

[warlord 72]

Yes it seems that you should be fine with not having abandoned the GC with the proof you had of your ties here and the situation about you being outside of the US. The INS generally will not go after people that are outside of the country for extended periods like yourself when having to take care of someone.

So with that out of the way and you being safe with your CG status. Citizenship is the next thing. As others mentioned, the Tax thing needs to be taken care of, as well you need to check with your "days inside the US" for eligibility to see if you qualify for Citizenship at this point. If not, then don't worry, take care of these things and then just apply when you have the necessary information satisfied. It will make things easier on you and save you a lot more money than having your Citizenship denied because you failed to pay taxes or you hadn't satisfied the "time spent in the US" requirements...

[Chris213 0]

No my mom just turned USC last year... I had my green card when i was 17 and she was not citizen that time..

One more thing could be very impotant for you: Was your mom a USC before you turned 18?

And if yes, did you have a green card while you were under 18 AND your mom was already a citizen?

[Chris213 0]

Thanks for the the reply warlord... any tips on how do I fix the 2010-2012 taxes??

I already have the copy of my brothers tax file from 2010-2012 where he claim me as dependent...

Is it possible for me to file again from 2010-2012 as $0 Income??

So far what I have is.

1) 2007 Tax Return

2) 2008 Tax Return

3) 2009 Tax Return

4) Four Different Credit Cards Statements for

> November 2010

> December 2011

> December 2012

> June 2013

5) Bank Statement for

> November 2010

> December 2011

> December 2012

> May 2013

6) Drivers License

7) 2 Year Contract Phone Bill Plan Statements from AT&T Started June 2012 - June 2014

is this enough prove i didn't ignored my residency here? only problem i can think of is the 2010-2012 Taxes.

Yes it seems that you should be fine with not having abandoned the GC with the proof you had of your ties here and the situation about you being outside of the US. The INS generally will not go after people that are outside of the country for extended periods like yourself when having to take care of someone.

So with that out of the way and you being safe with your CG status. Citizenship is the next thing. As others mentioned, the Tax thing needs to be taken care of, as well you need to check with your "days inside the US" for eligibility to see if you qualify for Citizenship at this point. If not, then don't worry, take care of these things and then just apply when you have the necessary information satisfied. It will make things easier on you and save you a lot more money than having your Citizenship denied because you failed to pay taxes or you hadn't satisfied the "time spent in the US" requirements...

Edited June 13, 2013 by Chris213

[warlord 72]

Well the issue isn't really about proving your residency commitment. I think you have that covered and with the notice from the doctor and any other evidence that you were taking care of a relative should be enough. With the taxes, you can file a late tax amendment I think. Might be best though to contact a Tax Lawyer or professional though to see how you can do that and get some sort of extension. I don't know enough about taxes to give you any answers, but a professional should be able to help rectify the situation. As that is the big thing that will halt your N-400...

[Autumnal 25]

If you had absolutely no income to report, then you still file taxes. Pop onto the H&R Block website, get a copy of StudioTax, get the forms for the missing years from the IRS website and prepare to put in a lot of 0s. I prefer software for stuff like this because all the calculations, deductions, and details will be properly summed up; I can go back and review. Before you even consider filing for citizenship, get your taxes submitted.

[Chris213 0]

Thanks for the tips.. Ok I went to Turbo Tax.. and just saw this..

Income requirements

" Even if you earned income last year, if it falls below the IRS minimum you don't have to file a tax return. The minimum varies according to your age and filing status -- whether you are single, head of household, filing jointly with your spouse or you can be claimed as a dependent on someone else's taxes.

The IRS also adjusts the minimum amount of earned income from year to year for inflation. Individuals who fall below the minimum may still have to file a tax return under certain circumstances; for instance, if you had $400 in self-employment earnings, you'll have to file and pay self-employment tax.

If you have no income, however, you aren't obligated to file. "

but just to make sure.. I'll do my 2010-2012 taxes now.. the only problem I think on my application is there is a question there like..

"Did you ever failed to file income tax?" I put No as the answer.. cause I thought I never failed to file when I have income..

If you had absolutely no income to report, then you still file taxes. Pop onto the H&R Block website, get a copy of StudioTax, get the forms for the missing years from the IRS website and prepare to put in a lot of 0s. I prefer software for stuff like this because all the calculations, deductions, and details will be properly summed up; I can go back and review. Before you even consider filing for citizenship, get your taxes submitted.

Edited June 13, 2013 by Chris213

[Chris213 0]

also does anyone know how do I file my taxes for 2010-2012? Any tutorial ?

cause this is consider as Late Filing if I am correct.. or is there anyway to even file for 2010-2012