N-400: No Income, Period of No physical Address, Multiple Travels

[PrayLoveHappy 0]

First of all, the advice on this website is very impressive and helpful. Thanks for all the efforts and warm hearts!

I did the homework for the naturalization process recently. In general, I shall have no problem:

1, I got employment-based green card with the sponsorship from a top IT company.

2, After getting green card, I continued to work for the company for 6 months before quitting the job.

3, As of the coming filing naturalization date, I will have resided more than 42 months in the US in the past 5 years (while the requirement is 30 months).

But my lifestyle is very different from common person, hence there are concerns:

1, I have NEVER worked for any employer since I quit job in May 2007.

I did do file tax return as resident every year but W2 income is always ZERO. My savings is enough to support the simple life style these years.

Question 1: Does a ZERO income for 8 years on 1040 fail to serve tax purpose?

2, I came back the city where I quit the job in July 2011. Between Oct 2007 and July 2011, I have been traveling in the US, my home country and a little bit in a third country with making sure that every abroad trip is less than 6 months so it keeps continuous residence in the US.

However, I don't have a permanent or fixed physical dwelling address in the US during the period.

Question 2: Does it fail to prove physical residence?

3, in the past 5 years, I have had five trips abroad, each of which is less than 6 months.

In 2011:

4 months, trip route is US--home country--a third country--US (for visiting family and tourism);

in 2012:

5 months to home country (for sickness care to family member);

0.5 month to home country (for visiting friends).

in 2013:

1.5 months to home country (for sickness care to family member);

in 2015:

5 months to home country (for sickness care to family member);

Question 3: Do these seem like a lot frequent and long travels to get into problems?

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

"6. Residence ​D​uring​ Absences of Less than One Year ​

Quotes​

​

​"An applicant's residence during any absence abroad of less than one year will continue to be the State or Service District where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence."

I'm currently out of the US and in one month I will be back to the US city, where I departed 4 months ago, to finish the current 5-month trip.

Question 4: Does it mean that the absence of 5 months doesn't matter and so I can file petition as soon as I'm back the city without having to wait for 3 months before filing?

Thanks a lot!

Edited November 10, 2015 by PrayLoveHappy

[WandY 430]

Answer to question 1: You may have a problem

Answer to question 2: You may have a problem

Get a lawyer and get a fixed address. Here's why:

No income and a lot of foreign travel is a big red flag in the U.S. And should be. You might, as we often say, have some explaining to do. Be prepared to note why you left your sponsored job and how you are able to travel with no apparent income. If you think our immigration officials are sour, try the Internal Revenue Service - no sense of humor at all. You had some bad luck with family illness - explain it and prove it. That might help. Be honest and you will be OK. Get a job and start producing taxable revenue. That's how it works in America. Someone has to work to pay for those who won't. It may as well be you.

Good luck.

[Boiler 46,917]

You have significant savings but those savings produce no income?

What State do you use for Obamacare? A DL etc.

[PrayLoveHappy 0]

WillandYen:

Thank you for the reply.

1, why you left your sponsored job

At that time, I felt working like that is not what life means. So I participated religious group and started full time preaching which I did for a year.

I worked for the employer for in total 5 years, and when I got green card, I continued to work for the employer for 6 months before quit because I heard that 6 months should be out of trouble for naturalization.

2, how you are able to travel with no apparent income.

Travel by self-driving in the US doesn't cost much. For stay at home in home country, it's free. I live a very simple life by being single and being roommate in the US.

3, You had some bad luck with family illness - explain it and prove it.

My father got paralyzed after strokes and needed 24-hour care by somebody. My elder brother in home country took early retirement to take care of him. As my brother becomes exhausted from time to time, so I wanted to go back to take turns.

Boiler:

Thank you for the reply.

1, The savings didn't produce income.

2, I have driver's license in Washington State.

Edited November 10, 2015 by PrayLoveHappy

[traveler17 5]

I don't think the "zero income" argument will fly unless you can definitively prove that you had x amount of dollars when you quit your job and spent less than that over the years or you claimed benefits that allowed you to live during that time. Having no fixed address and all the travel complicates the matter. I don't know your personal sitaution bit from the outside it looks like you were living of casual jobs (both domestically and abroad) and never reported the income. Even as a permanent resident you are required to include any income you have worldwide. Because of the nature of your skills (IT), it is easy to get contract work anywhere and they know this. Again, I am not making accusations but in my personal opinion it looks like you have been dodging paying taxes for a long time.

If I were you, I'd get a job, rent an apartment and wait to file for citizenship.

I believe evading taxes is grounds for losing your Green Card. Be careful.

[funlovingkayak 0]

Make a good paperwork file as you will need it. Also character/ moral records-if you preached how and where you did it and how did it help others might be somethign you can talk about and show in your records. You might have explaining to do around income as they like folks who can pay taxes. Somebody has to pay for those expensive wars and our taxes, besides helping build schools, good roads, pay for police/fire essential needs as well as pay the fat salaries of the politicians, well, they help the country run. They will definitely grill you on these but be honest with everything. Good luck!

[PrayLoveHappy 0]

traveler17:

Thank you for the reply.

I didn't do any IT job since I quit. Perhaps a history of banking statement can help.

What I don't understand is that as a LPR I can do anything as wanted, how come no fixed address suddenly becomes a problem? All travels are within 6 months to obey the law. It's such a headache!

funlovingkayak:

Thank you for the reply.

To prove preaching is also a headache -- because it can only be proved by testimonies of people who preached with me. Well, I left the orgnization a few years ago and the doctrine of the group requests every member to stay away from people who left, even don't talk or each meal with them.

Given the info gathered so far from this forum, perhaps I shall just renew the green card, find a job, rent a place for 5 years. Then file citizenship. After all, it doesn't matter much for a LPR to naturalize.

It's rather annoying!

Edited November 11, 2015 by PrayLoveHappy

[Boiler 46,917]

What would bank statements prove.

Begs the question why you are so keen to naturalise.

[nab-400 16]

PrayrLoveHappy, my sister did applied for citizenship, she had no income for two years, and she even filed waiver to not pay the immigration fees, she was approved and paid $0, with $0 income for the last two years, and now she is a US Citizen, making money is not a requirement to be a US citizen. having money or working a full time job is not a requirement

You May Qualify for Naturalization if:

• You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our Path to Citizenship page for more information.
• You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information.
• You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
• Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. Visit our Citizenship Through Parents page for more information.

Eligibility Requirements

If you are a green card holder of at least 5 years, you must meet the following requirements in order to apply for naturalization:

• Be 18 or older at the time of filing
• Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics).
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

[PrayLoveHappy 0]

Boiler:

> What would bank statements prove.

Money flow in and out. So it shows money made and expensed.

> why you are so keen to naturalise.

Good question! Not so keen, but there are advantages such as easier to bring a wife into the US, travel more countries without bothering visa, stay longer abroad if needed, don't have to come back in 6 months in international trips etc. Actually, naturalization doesn't matter that much -- if the applying for it has so much trouble, perhaps the better choice is just keep LPR. I'm rethinking it. Thank you for bringing it up!

Edited November 11, 2015 by PrayLoveHappy

[PrayLoveHappy 0]

nab-400:

Thank you for the info.

Do you have details such as what was asked by the officers? How did your sister prepare for the questions?

I personally think questions raised by other friends are valid. So I'm nervous.

Edited November 11, 2015 by PrayLoveHappy

[nab-400 16]

she was asked simple question , she took written test and ready test, she was though been asked how many times she travel and for how long, and in 10 minutes she got approved.

[PrayLoveHappy 0]

 

she was asked simple question , she took written test and ready test, she was though been asked how many times she travel and for how long, and in 10 minutes she got approved.

 

Is that easy!

I guess she doesn't have problem of fixed dwelling address.

[Udella&Wiz 325]

"Money made" implies income which should be reported on taxes...no?

Boiler:
> What would bank statements prove.
Money flow in and out. So it shows money made and expensed.

> why you are so keen to naturalise.
Good question! Not so keen, but there are advantages such as easier to bring a wife into the US, travel more countries without bothering visa, stay longer abroad if needed, don't have to come back in 6 months in international trips etc. Actually, naturalization doesn't matter that much -- if the applying for it has so much trouble, perhaps the better choice is just keep LPR. I'm rethinking it. Thank you for bringing it up!

[Boiler 46,917]

I have several accounts so not sure what showing one of them proves.