Should I even bother to file n-400

[Muti 0]

I have absolute no idea of what to do, I have 2 main concerns.

I got my GC in 2006 and I have been married to my US spouse even before that. but the big issue is long trips outside US. In 2006-2010, I made 6 trips, 3 of the were longer that 6 months (over 300 days on every one), I did work there on temporary jobs and studied for a while, too. The total time outside US is about 1200 days. I did file my taxes for those years so that is not an issue.

On 7 a. on my N-400, I have 20 days outside US (during the past 3 years) and on 7 b, one trip outside US, but the years before that bother me a lot, how much weight do the IO:s really put on trips done before the 3-year time frame. Should I be better off by not filing at all?

Does anybody have experience of a similar case than I? If I don't file now, is my case supposed to be any better with the years to come, the trips I made, will always be there and cannot be undone. I would hate to lose the $ for a denied application so I would be very thankful for any advise and comments.

Also, I have an under aged kid that is studying abroad on a re-entry permit. On 9 a, should I write that he is staying with me or put his address abroad there?

[Dave&Roza 748]

I have absolute no idea of what to do, I have 2 main concerns.

I got my GC in 2006 and I have been married to my US spouse even before that. but the big issue is long trips outside US. In 2006-2010, I made 6 trips, 3 of the were longer that 6 months (over 300 days on every one), I did work there on temporary jobs and studied for a while, too. The total time outside US is about 1200 days. I did file my taxes for those years so that is not an issue.

On 7 a. on my N-400, I have 20 days outside US (during the past 3 years) and on 7 b, one trip outside US, but the years before that bother me a lot, how much weight do the IO:s really put on trips done before the 3-year time frame. Should I be better off by not filing at all?

Does anybody have experience of a similar case than I? If I don't file now, is my case supposed to be any better with the years to come, the trips I made, will always be there and cannot be undone. I would hate to lose the $ for a denied application so I would be very thankful for any advise and comments.

Also, I have an under aged kid that is studying abroad on a re-entry permit. On 9 a, should I write that he is staying with me or put his address abroad there?

You must meet the eligibility requirements from the date you file the application looking backwards in time. If you have 3 years as a LPR and the time in the US qualifies you for citizenship, you are good to go. You could even look backwards for the past 5 years and see how that works for you. I would claim the child if you claim him on your income tax return and put what is considered his permentant residence i.e. yours.

Good luck,

Dave

[Muti 0]

You must meet the eligibility requirements from the date you file the application looking backwards in time. If you have 3 years as a LPR and the time in the US qualifies you for citizenship, you are good to go. You could even look backwards for the past 5 years and see how that works for you. I would claim the child if you claim him on your income tax return and put what is considered his permentant residence i.e. yours.

Good luck,

Dave

I made one trip in 2006, that lasted more than 300 days, another trip in 2007,also more than 300 days, a third trip in 2008, more than 300 days away. In 2009, a fourth trip lasted about 120 days and in 2010 I was away in 20 days. After that I have been in US entirely. So I would technically qualify for both 3 and 5 year rule.

[Dave&Roza 748]

I made one trip in 2006, that lasted more than 300 days, another trip in 2007,also more than 300 days, a third trip in 2008, more than 300 days away. In 2009, a fourth trip lasted about 120 days and in 2010 I was away in 20 days. After that I have been in US entirely. So I would technically qualify for both 3 and 5 year rule.

Your continuous residency started when you arrived in the US from your trip in 2008. So 5 years from that time is in 2013, so yes you qualify for either the 5 year rule or the 3 year rule. Up to you as to which you want to use.

Dave

[VanessaTony 3,567]

I have absolute no idea of what to do, I have 2 main concerns.

I got my GC in 2006 and I have been married to my US spouse even before that. but the big issue is long trips outside US. In 2006-2010, I made 6 trips, 3 of the were longer that 6 months (over 300 days on every one), I did work there on temporary jobs and studied for a while, too. The total time outside US is about 1200 days. I did file my taxes for those years so that is not an issue.

On 7 a. on my N-400, I have 20 days outside US (during the past 3 years) and on 7 b, one trip outside US, but the years before that bother me a lot, how much weight do the IO:s really put on trips done before the 3-year time frame. Should I be better off by not filing at all?

Does anybody have experience of a similar case than I? If I don't file now, is my case supposed to be any better with the years to come, the trips I made, will always be there and cannot be undone. I would hate to lose the $ for a denied application so I would be very thankful for any advise and comments.

Also, I have an under aged kid that is studying abroad on a re-entry permit. On 9 a, should I write that he is staying with me or put his address abroad there?

As Dave&Rosa said, you should be fine. No the time before your eligibility doesn't count. So if you're filing based on 3 years, it's your presence in the last 3 years that counts.

What MIGHT count is whether you filed as a "non-resident" on your home taxes while working. Or whether you filed as a non-resident in the US.

[Muti 0]

As Dave&Rosa said, you should be fine. No the time before your eligibility doesn't count. So if you're filing based on 3 years, it's your presence in the last 3 years that counts.

What MIGHT count is whether you filed as a "non-resident" on your home taxes while working. Or whether you filed as a non-resident in the US.

I filed my taxes for every year, but claimed the foreign income exclusion and I also claimed on the form (2555 something) that my tax home was abroad. But, as I see it, that is not the same than claiming to be a non resident (please correct me if I'm wrong). I was thinking of filing my application based on the 5-year rule just because there would be fewer issues on the application and less papers to submit. Does anyone have any idea if filing according to the 5-year rule would be processed any faster?

Edited July 22, 2013 by Muti

[VanessaTony 3,567]

I filed my taxes for every year, but claimed the foreign income exclusion and I also claimed on the form (2555 something) that my tax home was abroad. But, as I see it, that is not the same than claiming to be a non resident (please correct me if I'm wrong). I was thinking of filing my application based on the 5-year rule just because there would be fewer issues on the application and less papers to submit. Does anyone have any idea if filing according to the 5-year rule would be processed any faster?

No its not processed faster.

Honestly I'd have a consultation with an immigration attorney about the tax returns. I know of a lady denied naturalisation because of a similar tax situation. As far as I'm concerned yes, claiming your home country as your "tax home" is the same as claiming to be a non-resident of the US and yes I believe that will be a bar to naturalisation. The girl I'm speaking of was told she had "failed to maintain her resident status" by filing her taxes in Australia as a resident of Australia (and non-resident of the US). I believe she was allowed to keep her GC but was forced to start the naturalisation clock from the last time she claimed to be a non-resident... so I'd ask someone rather than risk wasting the $700

[Muti 0]

No its not processed faster.

Honestly I'd have a consultation with an immigration attorney about the tax returns. I know of a lady denied naturalisation because of a similar tax situation. As far as I'm concerned yes, claiming your home country as your "tax home" is the same as claiming to be a non-resident of the US and yes I believe that will be a bar to naturalisation. The girl I'm speaking of was told she had "failed to maintain her resident status" by filing her taxes in Australia as a resident of Australia (and non-resident of the US). I believe she was allowed to keep her GC but was forced to start the naturalisation clock from the last time she claimed to be a non-resident... so I'd ask someone rather than risk wasting the $700

Don't the non resident aliens file 1040NR or 1040NR-EZ. I filed regular 1040 with form 2555 (foreign earned income). I filed taxes in both countries. The term "tax home", isn't it supposed to be used to determine where the income was earned, if the income was earned in another country while working there, my tax home was there because the source on income was there, too?

[VanessaTony 3,567]

Don't the non resident aliens file 1040NR or 1040NR-EZ. I filed regular 1040 with form 2555 (foreign earned income). I filed taxes in both countries. The term "tax home", isn't it supposed to be used to determine where the income was earned, if the income was earned in another country while working there, my tax home was there because the source on income was there, too?

I honestly don't know. I just know about that girl who had trouble and it's my personal opinion that you should see an immigration attorney just for advice (usually you can get a conversation for free, or hour consultation for free).

[Muti 0]

I honestly don't know. I just know about that girl who had trouble and it's my personal opinion that you should see an immigration attorney just for advice (usually you can get a conversation for free, or hour consultation for free).

Ok, maybe then I could apply based on the 3-year rule instead, because I did not claim any foreign income exclusion for the last 3 years. But I still don't understand how I should submit evidence according to what they write on the Checklist:

"If you have taken any trip outside the US since becoming a LPR, send evidence that you (and your family ) continued to live, work and or keep ties to the US, such as....."

Should I have evidence only for the past 3 years, or evidence for all the way from 2006, when I became LPR? Also, on form N-400, they do ask you to list all your trips outside US since becoming a LPR.

I'm so confused...