Applying for Citizenship while living abroad and not working

[centrinouk 5]

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,

[rika60607 215]

Unless your friend is working for the US government, his naturalization application will be denied.

As for filing taxes, sure, file 1040 with form 2555 to report foreign income. That will not result in any money "returned" as none were withheld and this alone will not be sufficient to become eligible for naturalization.

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,

[nwctzn 55]

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.

[ManuFred 10]

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,

Well first of all, it doesn't look like he'll meet the physical presence test either applying on 5-year or 3-year rule at this point. The rule of thumb is that a Green Card holder needs to be physically present in the US for at least 6 months (180 days) out of a year. This rule is also part of the eligibility requirements for citizenship.

From what you are telling us he has only been in US for about 1 or 2 months out of a year in the last few years so he won't be eligible to apply for citizenship right now. Actually, I'm also pretty sure that if he doesn't stay longer in the US in the next few years USCIS won't extend his GC either. The best thing this guy can do is establish himself in US for at least three to five years and then apply for US citizenship. After citizenship he can do whatever he wants.

As far as taxes go, yes the IRS has some provisions for foreign earned income to avoid double taxation. That would most likely apply to this person.

[ManuFred 10]

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.

"Working abroad" (e.g. telecommuting) is fine as long as you're physically present in the US and has filed the correct tax returns with it. This guy is practically not living in the US but in Abu Dhabi.

[nwctzn 55]

"Working abroad" (e.g. telecommuting) is fine as long as you're physically present in the US and has filed the correct tax returns with it. This guy is practically not living in the US but in Abu Dhabi.

Yes, he is not telecommuting and it looks like he is not working for a US company.

[Udella&Wiz 325]

He should read the N400 eilgibility material available on the USCIS website. The worksheets are helpful in determining whether is has met the various criteria.

If he hasn;t filed taxes and he's been out of the country as much as indicated he simply doesn't meet the criteria

[centrinouk 5]

Yes, he is not telecommuting and it looks like he is not working for a US company.

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??

[nwctzn 55]

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??

I think he could file for late taxes and pay a penalty. You would need to check with IRS.

Regarding some more info about his story, did he leave the US right after he got his GC?

[centrinouk 5]

Unless your friend is working for the US government, his naturalization application will be denied.

As for filing taxes, sure, file 1040 with form 2555 to report foreign income. That will not result in any money "returned" as none were withheld and this alone will not be sufficient to become eligible for naturalization.

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

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

[centrinouk 5]

I think he could file for late taxes and pay a penalty. You would need to check with IRS.

Regarding some more info about his story, did he leave the US right after he got his GC?

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

[rocks 494]

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

Applicants are required to show that they were:

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens

[nwctzn 55]

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

As I indicated earlier, going back and forth twice a year is not sufficient. Your friend is not meeting the physical presence requirement (i.e., days present in the US).

[rika60607 215]

Sure he can file late. Depending on if he owes taxes on his foreign income, there may be penalties, but he can file. Why don't he (you) call the IRS helpline?

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

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

[ceadsearc 516]

If he filed for past years but left out certain forms/whatever he can file an amended return, the 1040X, along with the missing/amended forms.