Since becoming a permanent resident I worked overseas for 10 months and did not return to the USA during this time - my wife (US citizen) was pregnant with our child (US citizen - born overseas) at that time. Will I still be able to apply for US citizenship 5 years after getting my first green card?
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Out of the USA for more than 6 months but less than 1 year
- Thread starter tigah
- Start date
Since becoming a permanent resident I worked overseas for 10 months and did not return to the USA during this time - my wife (US citizen) was pregnant with our child (US citizen - born overseas) at that time. Will I still be able to apply for US citizenship 5 years after getting my first green card?
It all depends on if you can demonstrate that you did not intend to break US residency ties. (ie:did you keep paying US rent/mortgage, did you own US business, did you immediate family stay in US at the time).
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Jackolantern
Registered Users (C)
You are married to a US citizen, so you can apply after 3 years of marriage, or 3 years minus 90 days after obtaining your green card, whichever is later ... as long as your wife is a US citizen for at least 3 years.Since becoming a permanent resident I worked overseas for 10 months and did not return to the USA during this time - my wife (US citizen) was pregnant with our child (US citizen - born overseas) at that time. Will I still be able to apply for US citizenship 5 years after getting my first green card?
A trip of more than 6 months but less than a year means the burden is on you to prove that you did not break continuous residence. Bring evidence of your ties to the US that were maintained during those 10 months -- US mortgage/lease, US bank accounts, etc. If the 10 month trip was more than 3 years ago, the trip becomes practically irrelevant, as they will be looking at the last 3 years.
Jackolantern
Registered Users (C)
But if it is for a US corporation it's much less of a problem (of course, who is a US corporation is not straightforward).Working overseas is one of those things that generally messes up your continuous residence.
It wasn't for a US corporation, my wife joined me when she was 3 months pregnant and we came back to the US when my son was 3 months old (as soon as he was old enough to travel), we maintained the house and mortgage while we were away. Does it change things that we are now divorced?
Jackolantern
Registered Users (C)
If you are divorced, you have to use the 5 year rule, not the 3 year.
without advising anyone to not tell the truth - I wonder how would IO know exactly how long you've been out of the US ? since your passport and GC are not stamped/checked upon LEAVING the US - what records do they have of you being out of US? I noticed that when I enter the US with GC they do ask "how long have you been out of the country? " I answer "2 month" orwhatever the case is, but frankly am not sure I've kept all airline tickets to check exact days as they expect you to list on the N-400 application.
IBIS contains data from many sources, including the FAA. Passenger manifests are known to be shared between the airlines and .gov
I filled my passport covering that period and got a new passport about 1 year ago. I've been back in the USA for 2+ years since then, though I still travel overseas for work frequently typically for 1 -2 weeks every 6 - 8 weeks.
From the answers here I guess I should wait 3 more years to make a total of 5 so that time out of the country doesn't count against me.
From the answers here I guess I should wait 3 more years to make a total of 5 so that time out of the country doesn't count against me.
Jackolantern
Registered Users (C)
Well try to ensure you are spending more days inside the US than outside, every year.I read that Naturalization guide, but it isn't very clear.
Typically I spend 1 month in the USA and 1 month overseas in a rotating cycle so limiting overseas travel is difficult