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Results 1 to 7 of 7
  1. #1

    Default IRS 1722 and Citizenship

    Hi,
    I have been a permenant resident since July 2008. early Dec 2010 I travelled to India as I do not have a job here and hence cannot support by rent and bills. In between these dates I never travelled outside the country.

    With the help of my family in India I am managing to make 2 trips to US every year for few weeks per trip. I hope to maintain my residency like this.

    Come 2013 I wish to file for citizenship. Could you please advice how to accomplish this. What evidence do I need and how to validate my absence from US for 2011 and 2012 for more than 6 months.
    Would I need the IRS1722 letter, how do I get that.
    I did my taxes every year, including this year. But will have no W2 generated for me for 2012. How do I file taxes then. Please advice.

    Thanks.

  2. #2
    Join Date
    Oct 2010
    Posts
    445

    Default

    Quote Originally Posted by acrm View Post
    Hi,
    I have been a permenant resident since July 2008. early Dec 2010 I travelled to India as I do not have a job here and hence cannot support by rent and bills. In between these dates I never travelled outside the country.

    With the help of my family in India I am managing to make 2 trips to US every year for few weeks per trip. I hope to maintain my residency like this.

    Come 2013 I wish to file for citizenship. Could you please advice how to accomplish this. What evidence do I need and how to validate my absence from US for 2011 and 2012 for more than 6 months.
    Would I need the IRS1722 letter, how do I get that.
    I did my taxes every year, including this year. But will have no W2 generated for me for 2012. How do I file taxes then. Please advice.

    Thanks.
    Besides the continuous residency requirement (no trips more than 6 months) you will also need to satisfy the physical presence requirement (30 months out of 5 years). Given the time frames you are indicating above it looks like you establish this. But USCIS will notice your long trips (each lasting almost 6 months) in the past 2.5 years before your application and this will most likely raise a flag if you really have ties and residence in the US.

    To file taxes, you do not need a W2 (for example if you are self-employed). But if you have zero income in the US, then again USCIS may be asking how you support yourself unless you are a dependent of another LPR who has US income. So if you will be spending most of the time outside the US and have zero US income (i.e., zero tax liability) in the coming years, I think it will be very hard for you to apply and get approved for citizenship. Of course, these are just my thoughts and I am not an immigration lawyer; maybe you should consult one just to double-check.
    Last edited by nwctzn; 04-14-2011 at 06:55 PM.

  3. #3

    Default

    Thanks for the responce. So as far as another LPR is considered. My wife too is a permenant resident. Same situation as mine. The only difference is she still has a job in US until June 2011. She did travel to India with me in Dec 2010 and then came back in March 2011 and will again travel back in June this year. There after due to crunch in funding, her hours will be drastically reduced and she will get paid bare minimum. But yes she will be filling taxes (married filling jointly). Again as her sallary will be very low, she too will travel back and forth to maintain her residency and file for citizenship. She will mostly be working via the net.

    Does this help me or us in any way, please advice.

    Thanks.

  4. #4
    Join Date
    Oct 2010
    Posts
    445

    Default

    Quote Originally Posted by acrm View Post
    Thanks for the responce. So as far as another LPR is considered. My wife too is a permenant resident. Same situation as mine. The only difference is she still has a job in US until June 2011. She did travel to India with me in Dec 2010 and then came back in March 2011 and will again travel back in June this year. There after due to crunch in funding, her hours will be drastically reduced and she will get paid bare minimum. But yes she will be filling taxes (married filling jointly). Again as her sallary will be very low, she too will travel back and forth to maintain her residency and file for citizenship. She will mostly be working via the net.

    Does this help me or us in any way, please advice.

    Thanks.
    I think tax-wise you will be fine since you are filing jointly and you could file zero income for 2012. So both you and your wife will have tax transcripts when going to the interview. The potential concern is that during the interview, the officer will most likely question your US residency and ties since you will be out of the country for most of the time preceding the interview.
    Last edited by nwctzn; 04-14-2011 at 09:16 PM.

  5. #5

    Default

    Thanks again. two last questions:
    1. What is IRS 1722, do you think we would need this and if yes how to obtain it.
    2. I am told I have to maintain a US address. So if I use the address of a friend whold that affect my friend in any fashion
    OR can I use my wfie's work address on all our documents including driver's lisence.

    Please advice. Once again thanks a lot for your help.

  6. #6
    Join Date
    Oct 2010
    Posts
    445

    Default

    Quote Originally Posted by acrm View Post
    Thanks again. two last questions:
    1. What is IRS 1722, do you think we would need this and if yes how to obtain it.
    2. I am told I have to maintain a US address. So if I use the address of a friend whold that affect my friend in any fashion
    OR can I use my wfie's work address on all our documents including driver's lisence.

    Please advice. Once again thanks a lot for your help.
    IRS 1722 is a form to request tax transcripts from the IRS (please go to www.irs.gov to check it out). Tax transcripts are not required however USCIS might ask for them before or during the interview. So it is in general advised to have the tax transcripts of the last 5 years with you during the interview if the officer asks for them. In that case you can present the transcripts immediately and your approval does not get delayed. You need to have a US address to keep track of your mail while you are gone; I think a friend's address is better than a work address but that's only my personal opinion.

  7. #7

    Default

    Thanks for all your help.

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