Naturalization while living in Canada

[rn7554 0]

I'm eligible to file for N-400 based on marriage to USC. I lived in US for 2 years 1 month after I got my GC, but got a job in Canada and moved out of US. Canadian licensing agency took away my US driver license to give me Canadian DL and cancelled my US driver license. In the mean time I cross the border to US every few months. I live within an hour of the border. I'm worried how I can file for citizenship, while officially I'm living in Canada, crossing the border to go to US post office, biometrics appointment or any other appointment is not a problem. I still have all my bank accounts, finances,... active in US. Has anyone else had the same problem? If so, what happened to their case? BTW, I'm happily married and we have a 2.5 years old kid.

[ceadsearc 516]

How long have you been living abroad? Do you have a house or apartment you are maintaining in the US? Is this a permanent or temporary move?

[rn7554 0]

It's 1+1 year. I don't have any house or property in US.

[kzielu 1,149]

Check out physical presence requirements for N-400...

[ceadsearc 516]

That right there will be a problem. You have to have been residing in area of the US that you are filing from for the 3 months prior to filing. If you haven't been living there or maintaining a house there, you won't have an area to file from. At the very least, you'll have to move back to the US for at least 3 months prior to filing. Beyond that, as an LPR you are supposed to be living in the US. If you're temporarily living abroad for whatever reason, that is one thing. If you have permanently moved abroad and aren't living in the US at all nor planning to move back, you're violating the rules of your green card, even if you're coming back to visit. Chances are good that will come up at your citizenship interview.

When are you planning to move back to the US? It might be best for you to wait until then, or to move back temporarily and file. You say you're near the border, can you live in the US and commute to Canada for work for awhile until you've naturalized?

[rn7554 0]

I'm still getting mails at my old address which is a friend address. I have my bank accounts and a car that is licensed in my previous state but would like to sell it or import it to Canada. Living on the other side of the boarder and commuting is an option but then the state is different from my previous state.

[Kathryn41 3,205]

Basically, you can't get US citizenship if you are not 'residing' in the US. You do need to satisfy both physical presence requirements and residency requirements. While you are allowed to be out of the country on visits, any break in continual physical presence of more than 6 months will interrupt the process and of more than a year will re-set the clock back to zero. Did you apply for a re-entry permit when you left the US to work? Are you working for a US employer overseas? These items will also affect your eligibility.

An important consideration - you are working in Canada and filing a tax return in Canada. How do you declare yourself on the tax return - a Canadian resident or a Canadian non-resident? Have you also filed your US tax returns - a requirement as well - stating your world income and then deducing the foreign tax credit? You need to provide tax transcripts for the last 3 years or the last 5 years depending on whether you are filing based upon marriage to a US spouse or as a green card holder. Your US tax return will show you are earning income in Canada, so you will probably need to prove you are not 'living' in Canada - kind of hard to do when it sounds like that is what you are doing. How is your wife filing her taxes? Is it a joint return, and what is her status in Canada? Does she have a PR card or have you applied for one - or is she there on a temporary resident's permit that renews every 6 months?

You may have already compromised your green card status, but if not, then you do need to return to the US to live and commute. You will need to change your residential address with USCIS and then establish the 3 months residency in that locale.

There is a difference between continual residency and physical presence - both are important. The petition contains a section where you have to itemize all of your days spent outside of the US in total, as well as in chunks of time of 6 months or one year or more. You really should read over the' Guide to Naturalization' http://www.uscis.gov...ticle/M-476.pdf and check the 'checklist' at the back. You may not be eligible to file for citizenship yet due to your absence, and you may have compromised your green card status as well by taking up residency outside of the US. If you haven't compromised your green card, USCIS may very well decide that your physical absence from the US has re-set the clock back to zero and you need to start re-establishing qualification presence for naturalization purposes.

http://www.uscis.gov...000b92ca60aRCRD

Edited October 1, 2012 by Kathryn41

[Paradise123 7]

I don't think you understand how it works. In most cases you cannot get citizenship if you live abroad. You cannot select a US state and apply to that office just because it is close to you without actually residing in that state. It appears you do not really have any ties to the US other than your mail, but that does not really count that much unfortunatelly. As someone before me suggested you should the requirements and then decide what you should do.

Are you planning on moving back to the States?

[rn7554 0]

I don't think you understand how it works. In most cases you cannot get citizenship if you live abroad. You cannot select a US state and apply to that office just because it is close to you without actually residing in that state. It appears you do not really have any ties to the US other than your mail, but that does not really count that much unfortunatelly. As someone before me suggested you should the requirements and then decide what you should do.

Are you planning on moving back to the States?

All of previous tax filings were only US income. My contract is 1+1 year. I have both Canadian PR and US PR. And yes, after my contract is up, I'll come back.

[NigeriaorBust 4,087]

In immigration terms reside mean live for the greater part of the year. You can't do that in two countries at the same time. If you are a permanent resident in both countries you need to pay taxes in both. Did you file your US taxes last April ?

[rn7554 0]

In immigration terms reside mean live for the greater part of the year. You can't do that in two countries at the same time. If you are a permanent resident in both countries you need to pay taxes in both. Did you file your US taxes last April ?

Yes, I have filed taxes for the past 3 years, all were US income only. It was either being jobless with a family and no income, live on street ( I had applied to almost 200 jobs in US) or taking this internship.

[NigeriaorBust 4,087]

So when you apply for citizenship they will get a print out of each time you crossed the border. They will know the number of nights your head hit a pillow in the US and the number of nights that it was not here. When they add the nights spent here and compare that to the rest of the nights will you have more nights sleeping in or out of the US ? The problem with pushing for citizenship at this point is if the math comes back not in your favor they may deny the citizenship and start the process of removing your green card for not being a resident.

[rn7554 0]

So when you apply for citizenship they will get a print out of each time you crossed the border. They will know the number of nights your head hit a pillow in the US and the number of nights that it was not here. When they add the nights spent here and compare that to the rest of the nights will you have more nights sleeping in or out of the US ? The problem with pushing for citizenship at this point is if the math comes back not in your favor they may deny the citizenship and start the process of removing your green card for not being a resident.

Will see what the lawyer say this week.

[aaron2020 11,651]

Yes, I have filed taxes for the past 3 years, all were US income only. It was either being jobless with a family and no income, live on street ( I had applied to almost 200 jobs in US) or taking this internship.

LPRs are treated like US citizens and both are required to report WORLDWIDE INCOME on their US tax returns.

As an US LPR, you need to report your Canadian income on your US tax returns.

Edited October 2, 2012 by aaron2020

[rn7554 0]

LPRs are treated like US citizens and both are required to report WORLDWIDE INCOME on their US tax returns.

As an US LPR, you need to report your Canadian income on your US tax returns.

I didn't have any non US income previous years.