Question regarding stay abroad


rke2000

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I have been a permanent resident since August 2007 and plan to apply for citizenship shortly. I have been in continuous employment with the same Company for last 7 years in the US. My employer sent me for an overseas assignment for a period of 19 months. During this time, I continued to file my tax returns as a resident in the US and paid taxes on my global income. I kept visiting the US during my tenure overseas and only once I was out of the country for more than 6 months (but less than 1 year).

During my assignment overseas, my forwarding address was that of my friend and I used to stay with him whenever I visited the US. He kept my household stuff in his house as well, while I was away. I used the same address to file my tax returns.

In Form N-400, there is a section asking about addresses that the applicant has lived in for last 5 years. Please advise as to which of the following addresses should be provided:

1. Address in the US only – it was the forwarding address and I used to live there whenever I visited the US. Further, I filed my tax returns from this address

2. Address in India only – it was a company provided accommodation.

3. Address in both, the US and India

Shall appreciate having guidance from experienced members.

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If this was a US company, they should have filed to maintain your GC based on your employment abroad with a US company. You need to followup to see if this was done. Working abroad can be construed to have renounced your GC since it is for living and working in the US. Visiting occasionally is not sufficient.

"Lived" is physical presence. It is not unusual for a person working outside the US temporarily to maintain a mailing address in the US whether it is a mail forwarding service or a family or friend's address. You really need to consult a tax professional experienced in US and international laws and treaties if you have not already done so. You may have tax liabilities in the country where you were assigned to work as well as obligations in the US.

Do this BEFORE filing any paperwork to make sure you are OK.

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