Early N400 applying after 6 months absence


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I highly appreciate your advices in my case, it is a little long so please don't get mad at me

I am trying to check the possibility to apply on 01-27 or 28-14.

I got my green card in July 09, my spouse is a US citizen we had been married for 8 years. Since my re-entry after my 2ed extended absence from the US on 04-26-12 me n my wife n two kids had been living in the States.

My presence in the US was as follows:

First ever entry 07-10-09 exit 07-30-09 (absence 351 says)

Re-entry 07-16-10 exit 08-04-10 (absence 142 days)

Re-entry 12-24-10 exit 01-10-11 (absence 143 days)

Re-entry 06-02-11 exit 06-14-11

(Absence 315 days)

Re-entry 04-26-12 exit 05-01-12

(Absence 78days)

Re-entry 07-19-12 exit 03-15-13

(Absence 12 days)

Re-entry 03-15-13 NO exit till date.

All my absences prior to my re-entry of my last extended absence on 04-26-12 were because i had a work contract over seas which started even upon my wife started the procedures of my visa application and the expiry was just April 12, i did not have a choice to leave the job there. So after i got my visa i started coming to the US whenever i could. My questions are:

1-Can i send my N400 on 01-28-14 where as per my search i'll be benefiting from two rules the two years + one day and the 90 days early applying as my LPR status had been for more than 4 years

2- in N400 do i need to fill up my trips & my employment for the last 5 years or in my case it is 3 only?

3- i did my tax for 2012 and claimed my family n i'm going to do the same for 2013, my issue is that i don't have no more taxes for myself as i was working outside but my family were claimed for two years( 10/11 )by my in laws because my wife gave birth in that period and she stayed with them, so do i need to file tax for myself for 2011 in order to have 3 years taxes, or the tax idea is that you file tax when it is required so was i required to file them for the years when i worked outside?Do you think the interviewer will make an issue why your were claimed by your in laws, you could have claimed them yourself!!! Any suggestion for this situation!

4- In order to be all as per the law, would i be asked to justify my two extended absences before 04-26-12 or i'm considered ok as from that date on i did not have a long absence.

5- in case i apply on 01-28-14 and God forbids i got denied because i still need more time to apply, will i lose my documents and money or in case the my right time to apply is close the same application could be used.

6- If you find that my calculations for when i am eligible to apply are incorrect, as per the above when do you think the right time will be?

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You need to consult an international tax professional. I find it hard to believe that your wife and children met the dependency requirements to be claimed by her parents. SImply living in their home is not enough and others do not live with parents yet can qualify.  Just working outside the US does not eliminate the need for people to file. Many people working as expats owe taxes to more than one country. 


If your employer was a US firm basing you offshore, they would have filed papers for you as well. Since you have so many questions, you should enlist the aid of an immigration attorney to assist as well. 

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Appreciate your trply. I cinsulted teo lawyers but their replies were not a kind of concrete!

I am searching n searching in order to have more info about my status .

Still looking forward to receiving some replies from the advanced members which will be highly sppreciated

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Believe me i dont have a problem in paying anybody, but the issue is that i started searching the forums in order to collect info about my status where i can argue and discuss with the third lawyer i am going yo hisit very soon.

I had been to two lawyers but they were not really aware of so many things n that what made seeking on line avices


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Be sure the attorney is a member of AILA association (the professional group for immigration law specialists).  Also, iImmigration is federal practice; the attorney can be anywhere and many (such as the sponsor of this forum) have many distance clients.

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