Immigration Issues/Continuous Residence issue and eligibility for naturalization
Let me put all the dates in order for the convinience and clarity.
#1) 07/2001 - 09/2001 I spent in the U.s. I just worked during that 3-month period and have income tax for that year. I don't have any bills just saving account. Even though I had my own separate income tax I might be also claimed on paretns' income tax as dependant...
#2) 09/2001 - 05/2002 I spent in Poland in college which I have prove for. During that time my parents were in the U.S. I don't have any bills on my name during that period except for the saving account in the U.S. and income tax from 2001
#3) 05/2002 - present I spent in the U.s. non-stop (except for 3 short, 2-months vacation in Poland). Since 05/2002 I have credit card bills, school bills and grades, phone bills pay stubs and income taxes on my name.
Based on the above, the only trouble is the period #2 when I was in Poland. Could that be enough?
On 07/19/2006 it will be my 5th year in the U.S. since I came here on 07/19/2001 (I have a green card since 01/22/1999). Between 07/19/2001 and now I've to Poland once for a period of 8 months and three times for 2 months each. How could I excuse that 8-months-absence outside the U.S. to qualify for naturalization at this time? In the informations for naturalization they mention that if your family was present in the U.S. during your absence you could get away with that, or they mention something about tax records for that time and the form IRS 1722. I'd like to add that I have all the income taxes since 1999.
Any trip over a year makes you statuorily ineligible to apply. Since your trip was 8 months,m you are eligible to apply now. When you go to your interview, I would bring an affidavit explaining why you needed to stay so long and add all the evidence that you did not abandon things in the U.S. like taxes, bank accounts, bills, etc.
The truth is that the only evidence I have is my saving account since year 2000 and income taxes since 1999. The reason I spent 8 months back in Poland was college where I went for 2 semesters. These are the only 3 things that I can prove. Do you think that's enought to be eligible for naturalization?
Also, I got married in 03/2006 to a tourist, her visa B1/B2 expired prior to marriage (08/2005-02/2006). On application N-400 where they're asking for my spuse's immigration status (Part 8, E-3), what should I put in there? Will that be a problem for me when I apply for naturalization or her when she applies for green card after I get my citizenship?
As far as evidence, do have utility bills? rent/mortgage receipts? Certainly you must have those.
The last thing you want to do is fabricate information requested on the application. Your wife is an overstay, however she can apply to adjust her status on form I-485.
No, I don't have anything like that, I was 18 back then, claimed as a dependent on my parents, the only thing I have are income taxes and saving account. Any bills I have right now began about 3 years ago. Do you think I should wait a little bit longer until there is no doubt about the residence issue?
I understand you have bills and receipts for the past threee years in your name? Good that will suffice, in addition to copies of your parents tax returns, your grade school records, anything to prove you were here.
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months