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Filed: AOS (pnd) Country: India
Timeline
Posted

Hi,

I spent almost the entire year outside the country as I was sent to a different country for a project. NOw I am eligible for Naturalization. However, if I file my state taxes as non -resident (which I was) I could save up 5-10K.

If I file my taxes as non -resident, would it create any problems in Naturalization?

Please let me know.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You'll save $5-10k, at the expense of your immigration status... Not really worth the tradeoff. You aren't a non resident.

You need to declare yourself as a permanent resident. Choosing non-resident indicates to USCIS that you might be abandoning your status, potentially, if you have an app in play. They'll also want to know why you didn't keep your immigration status as a PR.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

+1 above. To amplify:

If you ever, for any reason, show USCIS a tax return in which you indicate that you were or are a non-resident of the US, they will agree emphatically, keep your GC, and send you back to wherever you claim to be a resident.

Claiming non-residency is immigration suicide. Don't do it.

Edited by HeatDeath

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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