Applying for Citizenship while living abroad and not working

[Boiler 45,292]

First things first, he has to be a PR to adjust.

[aaron2020 11,651]

Dear All,

My best friend Married to U.S citizen for more than 8 years , His wife and children 6 years girl are both U.S Citizens.

He has a Green Card (Permanent Resident) since August 2010 and it's non conditional valid for 10 years so , he is eligible to apply for citizenship by August 2013.

He is working and living in Abu Dhabi , United Arab Emirates the whole time with his wife and children living with him all the time, he always travels to U.S every 6 months for 1 week to 1 month with his family.

He has a house in FL , Driver's license issued in there , has shared bank account and it's bona fide marriage and establishing life together.

Now my point is how comes he can apply for a U.S Citizenship while he is abroad and he is not working in the U.S.A?

Because I know for fact he must make tax return in order to be eligible for citizenship however , so far I have heard you can still report your abroad income and claim tax return on it but I don't know how please advise.

What kind of steps to be taken to make him eligible for a U.S Citizenship

Thanks,

I see two problems here:

1. Working abroad: Definitely a red flag for USCIS.

2. Physical presence in the US: Will your friend have lived in the US for at least 18 months out of the three years when the time comes to apply? Just meeting the continuous residence requirement (i.e., no single trip longer than six months) is not sufficient. He needs to meet the physical presence requirement as well.

He is not working for a U.S Company yes true and all what I've mentioned is above

but Regarding 2555 and 1040 he has never reported that before.

Can he report that for 2010 and 2011 now or no??

Yes he did

He was issued IR1/CR1 visa from U.S embassy in Abu Dhabi by March 2010 and then he Landed by July 2010 and then his Green Card was issued by August 2010 and then he left immediately true

and he always going there back and forth 2 times a year every 6 months

Your friend is deep trouble. Legal permanent residency is for living in the US. A green card is not for "visiting" the US. A person who does not use his green card to live in the US could end up losing the green card because he is not using it for the purpose of living in the US.

An LPR is also suppose to file US tax returns on all worldwide income. Did he file tax returns in the UAE? Did he claim to be a UAE resident?

Having a Florida driver license, US bank account, etc. are not enough to maintain his LPR status.

Your friend has not been living in the US. He lives in the UAE. He visits the US. He hasn't file US tax returns as required.

Also, your friend must have spent at least half his time in the US in the last 3 years if he is apply for naturalization based on marriage to a US citizen or in the last 5 years if he filing regularly to qualify for US citizenship.

If your friend applies for US citizen, it will be denied based solely on the fact that he has not spent more than 50% of his time in the US in the last 3 or 5 years. More importantly, he will provide information to USCIS that he has been abusing his LPR status by living outside the US, working outside the US full time, and not filing US tax returns.

Your friend gains nothing by filing for naturalization as long as he lives and work in the UAE. In fact, applying for US citizenship could cause him to lose his green card because he has been abusing his LPR status by living and working in the UAE.

[nwctzn 55]

First things first, he has to be a PR to adjust.

He is a PR, but he is not living in the US. He goes back and forth between the US and UAE so that he does not lose his GC. At this point, he should definitely not apply for N400. In fact, with his current situation he is risking his PR status.

[Boiler 45,292]

He is a PR, but he is not living in the US. He goes back and forth between the US and UAE so that he does not lose his GC. At this point, he should definitely not apply for N400. In fact, with his current situation he is risking his PR status.

If he was a PR he would be living in the US.

But until a IJ takes it away or he relinquishes it than he is.

[nwctzn 55]

If he was a PR he would be living in the US.

But until a IJ takes it away or he relinquishes it than he is.

Correct, he is in PR status and he is risking it by not living in the US.

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Edited April 21, 2012 by nwctzn