Proving US ties and Moving while N-400 in process
#1
Proving US ties and Moving while N-400 in process
I'm beginning to think I will forever be 'almost' about to apply for citizenship. There's always a question, confusion, additional paperwork or some other silly reason for not completing the bloody thing and mailing it in! Still I persevere on . . .
I have two questions, one as it relates to proving ties to the US, and the other is regarding relocating and the assumed administrative hassles.
I mentioned in an earlier thread that although I've been living in the US since 1994, I spent 4 years (2003-2006) back in Australia for uni. My parents remained here in the states (they were naturalised in 2007), with me visiting them in NJ regularly. Unfortunately, I was out of the country for 349 days in 2003. The N-400 guide notes that I will need to provide some sort of proof of retaining ties to the US if I was out of the country for more than 6 months:
Any advice on what documentation would suffice to prove I retained ties to the US? I've been using the same US bank account since 1996, used the same American credit card during my time in Aus, (although both of these are pretty tenuous as far as proof is concerned) and I can provide a copy of my parents tax returns showing I was claimed as a dependent. I'm unsure, however, if this would be enough 'proof' and if it isn't, what else I could provide.
Assuming I ever get this N-400 completed and mailed, are there any major issues with relocating? There's a chance I might be promoted or hired outside of my current company, requiring a move to SF. Since this would not only mean a change of address but also a change of processing centre, is this likely to cause me to have my application denied and I'd have to reapply for citizenship (along with sending another $700)? It'll obviously mean a delay no matter what, but does anyone know if we're talking an extra 2 months or extra 2 years (as the longer the delay is likely to be, the more likely I am to hold off on applying -- or not take the job)? Since this is USCIS, I realise there's no such thing as a definite timeline, but any experience/knowledge would be greatly appreciated. If moving with the N-400 is in process is an absolutely unabashedly terrible idea, I can hold off on applying, but it'd be great to know beforehand rather than after the USCIS has taken my $700.
And thanks to everyone who's spent time helping out me and others with US immigration questions. The process is daunting regardless, but being able to put my mind at ease over silly niggly questions allows me to at least get a little sleep at night!
I have two questions, one as it relates to proving ties to the US, and the other is regarding relocating and the assumed administrative hassles.
I mentioned in an earlier thread that although I've been living in the US since 1994, I spent 4 years (2003-2006) back in Australia for uni. My parents remained here in the states (they were naturalised in 2007), with me visiting them in NJ regularly. Unfortunately, I was out of the country for 349 days in 2003. The N-400 guide notes that I will need to provide some sort of proof of retaining ties to the US if I was out of the country for more than 6 months:
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.
As I wasn't working, I never filed taxes (my parents claimed me as a dependent for the full 4 years I was at uni). And (unsurprisingly) being a povo uni student I didn't have an American mortgage or rent.* 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.
Any advice on what documentation would suffice to prove I retained ties to the US? I've been using the same US bank account since 1996, used the same American credit card during my time in Aus, (although both of these are pretty tenuous as far as proof is concerned) and I can provide a copy of my parents tax returns showing I was claimed as a dependent. I'm unsure, however, if this would be enough 'proof' and if it isn't, what else I could provide.
Assuming I ever get this N-400 completed and mailed, are there any major issues with relocating? There's a chance I might be promoted or hired outside of my current company, requiring a move to SF. Since this would not only mean a change of address but also a change of processing centre, is this likely to cause me to have my application denied and I'd have to reapply for citizenship (along with sending another $700)? It'll obviously mean a delay no matter what, but does anyone know if we're talking an extra 2 months or extra 2 years (as the longer the delay is likely to be, the more likely I am to hold off on applying -- or not take the job)? Since this is USCIS, I realise there's no such thing as a definite timeline, but any experience/knowledge would be greatly appreciated. If moving with the N-400 is in process is an absolutely unabashedly terrible idea, I can hold off on applying, but it'd be great to know beforehand rather than after the USCIS has taken my $700.
And thanks to everyone who's spent time helping out me and others with US immigration questions. The process is daunting regardless, but being able to put my mind at ease over silly niggly questions allows me to at least get a little sleep at night!
#2
Re: Proving US ties and Moving while N-400 in process
I'm struggling to find the link after about 30 secs of googling, but I think time at school does count towards your presence in the US.
Even the long absence may not be a problem.
I'll let others comments. I seem to remember someone on here had a child that went to uni in Canada, and it wasn't a problem.
Even the long absence may not be a problem.
I'll let others comments. I seem to remember someone on here had a child that went to uni in Canada, and it wasn't a problem.
#3
Re: Proving US ties and Moving while N-400 in process
I'm struggling to find the link after about 30 secs of googling, but I think time at school does count towards your presence in the US.
Even the long absence may not be a problem.
I'll let others comments. I seem to remember someone on here had a child that went to uni in Canada, and it wasn't a problem.
Even the long absence may not be a problem.
I'll let others comments. I seem to remember someone on here had a child that went to uni in Canada, and it wasn't a problem.
I wonder if the OP got 'parole' to attend uni overseas to preserve her GC status in the US. If so that may help.
#4
Re: Proving US ties and Moving while N-400 in process
While at uni in Australia I returned to the US every holiday (summer-Dec/Jan/Feb and winter-Jun/Jul) with the exception of winter 2003.
I'm not too concerned about physical presence since I've been back here 34 months -- and counting! -- since I finished uni. I'm also hoping that since I've returned to the US as soon as uni was done that the USCIS won't be too concerned about an 11 month absence from the US 6 years ago, but since they've noted that I need evidence, I figure better safe than sorry. I'm just a little puzzled about how I indicate that the US continued to be my home since I've no mortgage and didn't start filing taxes until 2007.
#5
Re: Proving US ties and Moving while N-400 in process
I did not. At the time, the guidance seemed to be to return home (to the US) every 6 months and don't stay out more than a year. (I'm now aware of the reentry permit which would've allowed me up to 2 years but hadn't heard of then so it's a moot point.) [The only time I've sought (and received) advance parole was in August 2001 when my parents were getting our status changed from temporary visa to PR (we received our GCs in May 2002) and I was making a trip to Canada for a fortnight to visit rellies.]
While at uni in Australia I returned to the US every holiday (summer-Dec/Jan/Feb and winter-Jun/Jul) with the exception of winter 2003.
I'm not too concerned about physical presence since I've been back here 34 months -- and counting! -- since I finished uni. I'm also hoping that since I've returned to the US as soon as uni was done that the USCIS won't be too concerned about an 11 month absence from the US 6 years ago, but since they've noted that I need evidence, I figure better safe than sorry. I'm just a little puzzled about how I indicate that the US continued to be my home since I've no mortgage and didn't start filing taxes until 2007.
While at uni in Australia I returned to the US every holiday (summer-Dec/Jan/Feb and winter-Jun/Jul) with the exception of winter 2003.
I'm not too concerned about physical presence since I've been back here 34 months -- and counting! -- since I finished uni. I'm also hoping that since I've returned to the US as soon as uni was done that the USCIS won't be too concerned about an 11 month absence from the US 6 years ago, but since they've noted that I need evidence, I figure better safe than sorry. I'm just a little puzzled about how I indicate that the US continued to be my home since I've no mortgage and didn't start filing taxes until 2007.
#6
Re: Proving US ties and Moving while N-400 in process
Yes. I used the US credit card several times a month while in Australia. I maintained my US bank account (opened in 1996), although it was largely stagnant while I was in Aus. I resumed using that account when I returned in Dec 2006, and still use it today (despite it being Chase Manhattan).
#7
Re: Proving US ties and Moving while N-400 in process
Yes. I used the US credit card several times a month while in Australia. I maintained my US bank account (opened in 1996), although it was largely stagnant while I was in Aus. I resumed using that account when I returned in Dec 2006, and still use it today (despite it being Chase Manhattan).
When my daughter had her USC interview the only time uni was brought up was when it came to the US questions. The interviewing officer asked what she was studying...one of her subjects was American Studies so he said he wouldn't bother asking her the questions because she would know them.
Last edited by Jerseygirl; Sep 29th 2009 at 2:23 am.
#8
Re: Proving US ties and Moving while N-400 in process
Yes. I used the US credit card several times a month while in Australia. I maintained my US bank account (opened in 1996), although it was largely stagnant while I was in Aus. I resumed using that account when I returned in Dec 2006, and still use it today (despite it being Chase Manhattan).
All that said, if you never exceeded >12 months continuous absence then your green card was always valid as an entry document. Your absence from the US was temporary, for a temporary purpose, and your subsequent actions vindicate that.
#9
Re: Proving US ties and Moving while N-400 in process
The standard advice is to see an attorney who understands abandonment issues.
All that said, if you never exceeded >12 months continuous absence then your green card was always valid as an entry document. Your absence from the US was temporary, for a temporary purpose, and your subsequent actions vindicate that.
All that said, if you never exceeded >12 months continuous absence then your green card was always valid as an entry document. Your absence from the US was temporary, for a temporary purpose, and your subsequent actions vindicate that.
#10
Re: Proving US ties and Moving while N-400 in process
To be honest, I'm not worried about abandonment issues since I've stayed within the rules for that one. I'm just wracking my brain trying to come up with documentation (per the N-400 Guide) that proves I retained ties to the US, since I can't provide my own tax returns or proof of a mortgage. I suppose I could mail it in without the requested documentation, but that seems like a pretty risky manoeuvre.
#11
Re: Proving US ties and Moving while N-400 in process
Based on Jerseygirl's comments (both in this thread and others), it does look as though her daughters time at uni in Canada wasn't really considered much of an issue, so fingers crossed the same goes for me. My experience with the INS has made me assume the worst is going to happen, so it's entirely possible I am over thinking this!
Thanks for all your help! :-D
#12
Re: Proving US ties and Moving while N-400 in process
Fair enough, and I'll go with that. I was just hoping that someone might know of something I could provide that I hadn't thought of. Since the guide notes that it wants proof that 'you (and your family) continued to live, work and/or keep ties' to the US, I might include evidence of my parents continuing (never ending?) mortgage in addition to their tax returns, since that's listed as my address for the majority of my time as a PR.
Based on Jerseygirl's comments (both in this thread and others), it does look as though her daughters time at uni in Canada wasn't really considered much of an issue, so fingers crossed the same goes for me. My experience with the INS has made me assume the worst is going to happen, so it's entirely possible I am over thinking this!
Thanks for all your help! :-D
Based on Jerseygirl's comments (both in this thread and others), it does look as though her daughters time at uni in Canada wasn't really considered much of an issue, so fingers crossed the same goes for me. My experience with the INS has made me assume the worst is going to happen, so it's entirely possible I am over thinking this!
Thanks for all your help! :-D
It's been answered much better than that in the past; sorry I don't have the details for you, but don't give up.