N400 application, have had two green cards

[Wreck-Gar 0]

Hi everyone, my wife is now filling out the N400 application. 

 

She has had two green cards. The original one expired because we lived outside of the US for several years. She did have the permission to stay outside the US for two years but that expired. When we moved back to the US, she got a new green card with a new number.

 

When she fills out the N400 does she have to take into account the original green card or just the current one?

 

This came up when we looked at Part 12 questions 7 and 8. #7 is asking if she has ever not filed federal, state or local tax returns since becoming a lawful permanent resident. #8 asks "Have you called yourself a "non-US Resident" on a Federal, state or local tax return since you became a lawful permanent resident?"

 

The answers would be different if we included the time on the original green card.

 

Thanks!

[Lenchick 133]

3 hours ago, Wreck-Gar said:

Hi everyone, my wife is now filling out the N400 application. 

 

She has had two green cards. The original one expired because we lived outside of the US for several years. She did have the permission to stay outside the US for two years but that expired. When we moved back to the US, she got a new green card with a new number.

 

When she fills out the N400 does she have to take into account the original green card or just the current one?

 

This came up when we looked at Part 12 questions 7 and 8. #7 is asking if she has ever not filed federal, state or local tax returns since becoming a lawful permanent resident. #8 asks "Have you called yourself a "non-US Resident" on a Federal, state or local tax return since you became a lawful permanent resident?"

 

The answers would be different if we included the time on the original green card.

 

Thanks!

How did she get the second green card if she lost her resident status first time according to you? 

[Wreck-Gar 0]

When we decided to move back to the US we just did the application process all over again. I remember she had to submit her original green card # as part of the application. It's not clear to me if we are supposed to take the original into consideration when answering the questions.

[Lenchick 133]

2 minutes ago, Wreck-Gar said:

When we decided to move back to the US we just did the application process all over again. I remember she had to submit her original green card # as part of the application. It's not clear to me if we are supposed to take the original into consideration when answering the questions.

If you did the process all over again, then you will need to take into consideration the second card.

[Wreck-Gar 0]

Ok so you mean disregard the time with the first card?

 

I am looking at our tax returns now. For the years we were out of the country we filed the regular 1040, with the 2555 (foreign income exclusion.) I don't see anything on here about being a "non-US resident." There's just the physical presence test.

 

I am a US citizen, by the way. 

Edited October 10, 2017 by Wreck-Gar

[Stevephoto 230]

I am a bit out of my league with this question, but my general feeling is USCIS already knows about your wife's first card. It looks like you have answered your own question about the taxes, but I would absolutely mention the first card and the events surrounding it. Perhaps a separate letter detailing the events and timelines (including her first number) would suffice if there is nowhere to include it on the forms. My other impression is it won't be a problem because USCIS did issue a  second GC. Just my gut feeling 2 cents. Good luck.

[Lenchick 133]

1 hour ago, Stevephoto said:

I am a bit out of my league with this question, but my general feeling is USCIS already knows about your wife's first card. It looks like you have answered your own question about the taxes, but I would absolutely mention the first card and the events surrounding it. Perhaps a separate letter detailing the events and timelines (including her first number) would suffice if there is nowhere to include it on the forms. My other impression is it won't be a problem because USCIS did issue a  second GC. Just my gut feeling 2 cents. Good luck.

Why to mention it? To bring additional mess in the process and confusion? If she lost her status and then legally immigrated again, there is no need to mention anything. As I understood she is counting her continuous residence and physical presence from the second card. 

[Stevephoto 230]

1 hour ago, Lenchick said:

Why to mention it? To bring additional mess in the process and confusion? If she lost her status and then legally immigrated again, there is no need to mention anything. As I understood she is counting her continuous residence and physical presence from the second card. 

USCIS knows it already. Why take a chance that they will mention it in the interview even if it is not mentioned in the application? Why face trying to explain why you didn't mention it? Like I said, my comments were gut level reactions only. YMMV.

[Lenchick 133]

19 minutes ago, Stevephoto said:

USCIS knows it already. Why take a chance that they will mention it in the interview even if it is not mentioned in the application? Why face trying to explain why you didn't mention it? Like I said, my comments were gut level reactions only. YMMV.

Because it is not relevant information if she applies on the base of the second card. You don't mention irrelevant information or additional information you are not asked for. It brings confusion. Why additional complication with a case? You can't face trying to explain anything you are not ask for in the first place. 

[Stevephoto 230]

9 hours ago, Lenchick said:

Because it is not relevant information if she applies on the base of the second card. You don't mention irrelevant information or additional information you are not asked for. It brings confusion. Why additional complication with a case? You can't face trying to explain anything you are not ask for in the first place. 

OK. I just offered my opinion. Good luck to the OP.-