What else can be evidence of "continuance of residence"

[Feliz 0]

This is from USCIS Document check list

If you have taken any trips outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

• An IRS tax return "transcript" or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

• Rent or mortgage payments and pay stubs.

out of that i have

1) our taxes

2) car loan being paid while we were gone

but no paystubs for rent or mortgage,

woud it work if i send

1) a letter from my husband's grandmother that while we were gone most of our belongings and furniture were left at her house where we live now and we were never planning to leave US forever?

2) proof of my application for a post graduate degree in US and other career related documents showing long term plans?

3) proof that my trips has connection with future career in US and they are successfully fulfilled (no reason to go back) and i plan to use that experience here in US?

any other ideas?

[Feliz 0]

Document Checklist for Form N-400, Application for Naturalization (source of quote above)

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

[Feliz 0]

SInce nobody replied, ii will just post what i found related to topic

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

I guess main proof would be taxes for the years of absence?

[warlord 73]

SInce nobody replied, ii will just post what i found related to topic

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

I guess main proof would be taxes for the years of absence?

Without showing proff of valid US income, there's a good chance they will think you were working abroad and not on an extended vacation. They will look at that one pretty closely since that kind of shows you did possibly abandon your green card by living and working outside the US. They will ask you all about your income most likely and since you're under oath you have to tell them the truth or be in further trouble. Now since you stated you went to school over there then you would want to bring back all those documents and stuff related to you going to school in the other country. That might show that you weren't officially working back there. It's hard to say though.

Anything over 6 months is very tricky. Some people have done it and others have failed. It's all on what you can do to prove it (and I don't think the letter from the grandmother will mean anything to them)...

[Kez/JWolf 6]

You had no residence in the US while you were abroad.... showing that you stored your things at a relitives house just confirms that you did not maintain a residence in the US... it could be deemed that you abandoned your Greencard status... I do not know if they will accept the fact that you were at school abraod... did you do any work while abroad?

Kez

[Feliz 0]

You had no residence in the US while you were abroad.... showing that you stored your things at a relitives house just confirms that you did not maintain a residence in the US... it could be deemed that you abandoned your Greencard status... I do not know if they will accept the fact that you were at school abraod... did you do any work while abroad?

Kez

i have read in other topics, that if somebody goes to college in different STATE then he is still considered resident of state he lived before, and he pays taxes for that state if he doesnt plan to move to college STATE forever.

so i think for government it's ultimately important if you pay taxes or not to define the residency, and i paid both Federal and California taxes when i was out, and i also held joint bank accounts and car payments and numerous credit cards, and i also read on other forums about absences of 7-8 months and no problem about it when naturalized.

I think i will be fine.

[Feliz 0]

Anything over 6 months is very tricky. Some people have done it and others have failed. It's all on what you can do to prove it (and I don't think the letter from the grandmother will mean anything to them)...

thank you Warlord,

could you please tell me which sources or forums have you seen those examples? i just got approved today, so i am looking into my application closer

i got

1) my tax transcripts,

2) degree\research papers showing that i am done with all and that i was busy fulltime and too busy to have daytime job for income, certification tests that i took last year to continue my career in US

3) 8 credit cards actively used and paid while gone

4) bank account statements for 9 months - also actively used

5) car loan that was being paid and also letter from Federal Credit Union, stating how long we had joint car

if they reject me - and even after appeal won't let me, i will just wait another 3 years and apply again.

though i hope i get throug and bring my mother over here next year, cuz she is the all alone, and we miss each other a lot.

i wonder if i can also use additional sheet of paper for explanations of my absence - and include that i decided to live there and do my research, cuz my mother was all alone and ill and nobody was there to care for her?

she is also a big reason of my citizenship application... if not her i dont know if i'd rather take a brake from this bureaucracy and apply later

[warlord 73]

There are many sites out there if you google "Continuous residency requirements" or similar. One is the INS page http://tinyurl.com/y69toj another is at http://tinyurl.com/y69toj where many people talk about breaking the continuous residency.

There is a good site (you'll have to google it) that talks in depth about this. Basically comming down what so many others have talked about as well where 0-6 months gone the INS has to prove that you didn't break your residency. 6-12 months gone, you have to prove to the INS you didn't break continous residency and over 12 months it's almost guarenteed it will be denied.

Also remember you are jeopardizing your Green Card as well by being out, but if you had gotten the Re-entry permit (not sure if you did) that can at least preserve your Green Card. So those are a few places to look, but many people have been getting denied now based on being out of the country too long and loosing all that money. Basic rule is never leave more then 6 months unless it's a dire emergency or if you do, wait a few more years to apply...

[Feliz 0]

There are many sites out there if you google "Continuous residency requirements" or similar. One is the INS page http://tinyurl.com/y69toj another is at http://tinyurl.com/y69toj where many people talk about breaking the continuous residency.

There is a good site (you'll have to google it) that talks in depth about this. Basically comming down what so many others have talked about as well where 0-6 months gone the INS has to prove that you didn't break your residency. 6-12 months gone, you have to prove to the INS you didn't break continous residency and over 12 months it's almost guarenteed it will be denied.

Also remember you are jeopardizing your Green Card as well by being out, but if you had gotten the Re-entry permit (not sure if you did) that can at least preserve your Green Card. So those are a few places to look, but many people have been getting denied now based on being out of the country too long and loosing all that money. Basic rule is never leave more then 6 months unless it's a dire emergency or if you do, wait a few more years to apply...

Thank you for helpful answer, i think i will still apply, there's nothing to risk but money, and i am ready to risk for a chance to get my mother over here, there are many both emotional and practical reasons to do that, so i think it's worth the risk.

if i get denied, i will appeal or hire a lawyer.

i have read 1 story so far - 7 months absence and officer just asked what was it and still approved,

i guess it depends on character and mood of officer a lot too

[warlord 73]

Yes it depends a lot on your supporting evidence. Theoretically that type of absence means you have also abandoned your Green Card if you didn't have a re-entry permit. Some people have had issues with that let alone having their N-400 denied. You just have to prove you did not abandon it and were still maintaining residency. Overseas schooling is a little more forgivable over 6 months then working overseas for a foreign company. That you are pretty much guarenteed to be in trouble for...

[Feliz 0]

just wanted to bring up old topic and see if it gets new replys