Credit Cards Center Credit cards from our partners
New Member
Posts: 38
Registered: ‎01-06-2013

Residency Requirement-returning from overseas

I was told today while shopping around for a lawyer that it's required to file in whatever state you have lived in for the majority of the past two years. And because we have lived overseas, returning in Feb of last year, we may have to apply the law of the particular country we lived in (Europe), this sounds crazy to me. Now it's true that as of Feb sometime, we'll have lived here for one year and one day, so no problem with that. But doing a quick search it does not seem that this rule applies when having lived overseas. Instead I think it's just necessary to have lived in the US for at least 180 days prior. Does anyone have experience with this?


And how do they check residency? My husband is the one who's been back physically since Feb 2012. He opened a joint account in both our names, but I didn't return in person until a month ago. I read a while ago that for people living overseas wanting to file, it's common to open a bank account if one can't move back yet, and that counts as having property which would make one qualify for the residency requirement even when actually residing elsewhere. 

Regular Contributor
Posts: 225
Registered: ‎01-11-2009

Re: Residency Requirement-returning from overseas

Whoever told you about filing in another country should be disbarred. I think you are good to go now that you can show residency for the 180 days, the account shows intent to be subject to the laws here. Happy filing!

Valued Contributor
Posts: 1,063
Registered: ‎05-26-2010

Re: Residency Requirement-returning from overseas

[ Edited ]

I think there may be two BK issues here.  Six months needed to file in the jurisdiction.  Two years for use of state exemptions.  So I had moved from TX to VA, and been a resident about 18 months when I filed.  While the way I read it I should have had the option of using TX instead of VA exemptions, the practice in the VA district where I filed was that I had to use the Federal exemptions.


But for legal residency, some states will say that you retain residency if you plan to return, opening the account helps that.  California will assert tax claims based on the fact you were a CA resident before you moved overseas, even if you didn't return to CA.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
Take the FICO Fitness Challenge

Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
† Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.