8 months outside the States - still able to apply?

[danielenglish 3]

Hello everyone, I am about to file my request of naturalization and still have couple of crucial questions that didn’t get answered. 

Before considering the chance to ask for a free consultation from some immigrantion lawyer, I want to try with this forum that is always a great source of knowledge.

 

Situation: During my 5 years of permanent residency, I have an absence that lasted for 8 months since I had to finish a master that I had started before becoming a LPR. 

Now, as you already know, absences for more than 6 months but less than 1 year may disrupt the continuos residency and the presumption of having kept ties with the United States.

 

First problem: Although at the interview I will bring the certificate of completion for the master I attended -and therefore try to explain I was finishing my education that had started before becoming a LPR- by surfing the net I came across the “4 years and 1 day” rule that may constitute a solution for long period of time spent outside the States. However, this rule is mentioned under the part “absences for more than 1 year”. My question is: have you guys ever taken advantage of this rule even though your absence for shorter than one year?

 

Second problem: Among the document they list and that may serve to overcome this presumption, I am lacking the first year (2013) of tax return because at that time I wasn’t living in the States and therefore didn’t have any income to declare. 

Despite that in 2013 I still submitted a 1040 by using TurboTax and entering $0.0. However, in the IRS website I was able to get only the return transcript for 2014, 2015, 2016 and 2017. For the year 2013, the only document I could obtain is the account transcript that shows a balance of $0.0. While I am trying to establish whether or not this transcript will work for the purpose, I am still wondering if a could get a return transcript for that year at all. And in fact, although I will need to pay the $57 for getting transcripts older then 3 years, I really don’t think the IRS issued a return on a basis of a $0.0 declared. What are your thoughts on this?

 

Also, I read that an other requirement for being elegible to apply for citizenship is that -out of the required 5 years of permanent residency- the applicant must’ve spent at least 30 months in the States. I fulfill this requirement and now am wondering if also this will help me in establishing that -despite the fact during the first year I was absent for 8 months- I didn’t interrupt my continuos residency. 

 

Thanks a lot in advance for any contribution you may want to add. 

[geowrian 22,337]

1 hour ago, danielenglish said:

Situation: During my 5 years of permanent residency, I have an absence that lasted for 8 months since I had to finish a master that I had started before becoming a LPR. 

Now, as you already know, absences for more than 6 months but less than 1 year may disrupt the continuos residency and the presumption of having kept ties with the United States.

 

First problem: Although at the interview I will bring the certificate of completion for the master I attended -and therefore try to explain I was finishing my education that had started before becoming a LPR- by surfing the net I came across the “4 years and 1 day” rule that may constitute a solution for long period of time spent outside the States. However, this rule is mentioned under the part “absences for more than 1 year”. My question is: have you guys ever taken advantage of this rule even though your absence for shorter than one year?

Correct. If you can show that your time abroad was only temporary, then they won't consider it as breaking continuous residence. I think you have a fair shot considering the reason you were abroad, but nobody can say with certainty what the IO will decide.

 

The 4 year + 1 day rule comes into play after denial of an N-400, so it wouldn't apply here yet anyway.

 

Defer on the old tax transcript...no idea.

 

1 hour ago, danielenglish said:

Also, I read that an other requirement for being elegible to apply for citizenship is that -out of the required 5 years of permanent residency- the applicant must’ve spent at least 30 months in the States. I fulfill this requirement and now am wondering if also this will help me in establishing that -despite the fact during the first year I was absent for 8 months- I didn’t interrupt my continuos residency. 

It's a different requirement and won't impact the continuous residency requirement in any way. Apple and oranges.

[Kevo 69]

We have a similar circumstance.  I was in the military and deployed for 6 months, instead of my wife and 2-3 month old daughter staying home alone they went to the Philippines to stay with family.   She ended up staying out of the US a few days past 6 months.  When she left we ended our lease and put everything into storage to save rent money.  

 

We probably could've applied at 3 years and explained the situation (with my orders and storage garage receipts as proof) but decided to wait an extra year just to be safe.  

[danielenglish 3]

Thank you guys for your contribution, really appreciated.

 

I guess I will try my luck and see what happens. I am aware I risk to lose the significant fee but at this point it is a risk I am willing to take because if everything goes fine, I would save about one year of wait.

 

At what time of the process you think a problem may arise? At the beginning of the application, at time of interview or in between?

 

Would the hypothetical denial affect in any way the next application I will submit one year later? 

 

Thanks a lot again! 

Edited April 14, 2018 by danielenglish

[cyclone27 710]

Denial will be at the interview if indeed that  happens.

[danielenglish 3]

20 minutes ago, cyclone27 said:

Denial will be at the interview if indeed that  happens.

Thanks a lot. 

In few days I will start the application online and hopefully everything will go smoothly!

[Nikkosan 127]

On 4/14/2018 at 5:07 PM, danielenglish said:

Thanks a lot. 

In few days I will start the application online and hopefully everything will go smoothly!

Fill out your timeline, buddy!  

 

And oh, best of luck! 

[danielenglish 3]

Hey Nikkosan, nice seeing you here as well! I clicked on that link but it redirects me to a page where most of the info requested don’t even apply to my situation. I am probably going to the wrong page..

 

Anyways, I submitted the application online and already received the NOA (that I believe is the same of the “priority date”) - 04.25.18. 

Also, they scheduled an appointment for taking fingerprints but - although the notice of action is dated 04.28.18 - I can’t see the letter uploaded on their website yet. 

 

Do do you guys think it’s normal?

[danielenglish 3]

Update: just got the letter for biometrics and fingerprints appointment. They are proceeding quite fast, I am pleased.