Filing after 3.5 years based on 3-year rule

[thebighash 4]

Hi,

I am a LPR since Feb 2011 married to a USC and filing under the 3-year rule. I am planning to file in Aug 2014, i.e. after 3.5 years from becoming a LPR.

Q1)

I have read in an IRS source that to file based on the 3-year rule one should not spend more than 18 months outside the US. I have read in another IRS source that one should spend at least 18 months in the US. If you file exactly at 3 years, this makes sense, but in my case I'm filing after 3.5 years. Which one would apply?

Q2)

When counting the trips and no. of days outside the US, should I count those during the last 3 years or those during the last 3.5 years (i.e. since becoming a LPR)?

Thanks!

[Pitaya 2,577]

~duplicate thread removed~

[second stage 14]

Hi,

I am a LPR since Feb 2011 married to a USC and filing under the 3-year rule. I am planning to file in Aug 2014, i.e. after 3.5 years from becoming a LPR.

Q1)

I have read in an IRS source that to file based on the 3-year rule one should not spend more than 18 months outside the US. I have read in another IRS source that one should spend at least 18 months in the US. If you file exactly at 3 years, this makes sense, but in my case I'm filing after 3.5 years. Which one would apply?

Q2)

When counting the trips and no. of days outside the US, should I count those during the last 3 years or those during the last 3.5 years (i.e. since becoming a LPR)?

Thanks!

I don't understand Q1. Did you file taxes in the last 3.5 yrs?

For Q2. it will be based on the day you apply. so if you apply in Aug you only need to disclose the 3 years prior from Aug.

[cleverodra 1]

Hello all,

Just to follow on this thread, if applying for citizenship based on the 3 year rule, and if the applicant decides to apply within the 90 day window (before the applicants 3rd anniversary).

When should the trips outside the US be disclosed? Starting from which date?

Thanks

[alix 20]

I don't understand Q1. Did you file taxes in the last 3.5 yrs?

For Q2. it will be based on the day you apply. so if you apply in Aug you only need to disclose the 3 years prior from Aug.

That's actually not true. He has to disclose all trips since becoming an LPR, up to 5 years back. If he hasn't been an LPR for that long, disclose all trips from the Resident since date on his GC. So in his case all trips since Feb 2011, and not only 3 years from when he mailed the application. That's what the form says. I also consulted an immigration lawyer and that was his advice as well.

Edited July 24, 2014 by alix

[second stage 14]

That's actually not true. He has to disclose all trips since becoming an LPR, up to 5 years back. If he hasn't been an LPR for that long, disclose all trips from the Resident since date on his GC. So in his case all trips since Feb 2011, and not only 3 years from when he mailed the application. That's what the form says. I also consulted an immigration lawyer and that was his advice as well.

Thanks alix for correcting me. so it's from your GC date if it's less than 5 years.

[Udella&Wiz 325]

I filed using the 3 yr rule and I included all trips since entering the US on my VISA...in theory you could have had a trip on AP before getting your GC...it really shouldn't be an issue. They can find out if you didn't divulge.

Thanks alix for correcting me. so it's from your GC date if it's less than 5 years.

[thebighash 4]

thanks for the responses!