Eligibility question and other information

[jays01]

1. I got work based GC in May, 2008. Now it will be 5 years at May, 2013. I visited India for 2 times and each time around 30 days. 3 days to canada, Less than 24 hrs to Bahamas and Mexico(both are day trips). India 1 trip - 30 days, India 2 trip - 25 days, Canada - 3 days.

Based on the continuous residence, can I apply before 3 months? like now in Mar, 2013.

2. I have copy of the divorce decree, but not the original. Is that good enough to apply and for interview? or Do I need to have the original?

3. I paid all taxes in the 5 years through tax consultant. I got letter from IRS in 2012 that missed return for 2010. I got the papers from tax consultant and sent cheque for payment along with papers by post. After that no letter from IRS till now. Is that example for failed tax return or not?

Appreciate your quick suggestions/help. Thanks.

[Attorney_11]

Generally, an individual must be physically present for half the statutory naturalization period and continuously resident in the United States. Brief trips are not interruptive of the continuous residence absent other facts. Generally, a certified copy is acceptable for legal documents either at the time of filing or at the time of interview. Tax issues, typically, are not a bar if and when resolved. It is advisable to seek the counsel of an immigration attorney for more personalized advice.

[jays01]

Thanks for the clarification. If I don't have the orginal divorce certificate, how can I get certified copy just by having the scanned copy? That means I have to get the orginal from India, it may take time.

[t75]

It is worth the extra time to get the proper evidence rather than having to get back in line when a petition is rejected. You should have a consultation with an attorney to review your documents and determine what additional is needed. You do not have to engage the attorney to file but whenever you have a concern, a consult with an experienced, qualified attorney is a worthwhile expense.