continuous residence and providing an explanation for a 183 day trip

[ramjays2000]

Excellent thread with enough inputs on the subjects discussed. I am in the process of filing an application for my citizenship in the next few months. There will not be problem on my number of days requirement for filing; but one issue that bothers me is that my first trip away from USA lasted about 183 days which is more than 180 days . I don't file any tax return( I am not earning and sponsored by my son} and so I cannot show this to prove my intentions of staying permanently here. subsequently, i had made 4trips which did not last more then 120 days in each trip. So how else I can explain the first trip which would be convincing to the USCIS?

 

[madh4]

Since you meet the physical presence of 30 months in last 5 years you should be ok. I do not think the question of 183 days stay out will be raised during your interview. Anyway keep some plausible explanation.

You are staying with your son and you will have DL/State ID . Take his ownership/ lease records and they are good as yours. No one will ask for it. But keep it handy.

i am definite your son would have included you as a dependent in the last 5 years in his tax return. ( you have been staying with him for about 8 months every year) Take copies of his tax return where your name and ssn is mentioned. Familiarize with all documents you carry for your interview. When questioned by IO, tell him you are included in son's tax return and you have copies of same. He will not bother to see that.

best of luck

 

[baikal3]

I do not think the question of 183 days stay out will be raised during your interview.

If the trip in question happened within the last 5 years, it will most definitely be an issue raised during the interview. Continuous residency requirement is a separate from the physical presence requirement and satisfying the latter does not in any way exempt one from satisfying the former. Moreover, by law (INA 316) any absence over 6 months but less than a year in duration is presumed to break continuous residency. This presumption is automatic, not discretionary, and it automatically shifts the burden on the applicant to prove that the trip in question did not break continuous residency.

 

[Jackolantern]

Excellent thread with enough inputs on the subjects discussed. I am in the process of filing an application for my citizenship in the next few months. There will not be problem on my number of days requirement for filing; but one issue that bothers me is that my first trip away from USA lasted about 183 days which is more than 180 days . I don't file any tax return( I am not earning and sponsored by my son} and so I cannot show this to prove my intentions of staying permanently here. subsequently, i had made 4trips which did not last more then 120 days in each trip. So how else I can explain the first trip which would be convincing to the USCIS?

When was that 183 day trip?