2nd Visit outside US in a year-Continuous Residency?

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skris912

Registered Users (C)
I posted earlier but could not get a clear picture about my trip to India.I am posting again to get clear direction.

I got GC in 2007 and i have been to India 4 times for the last two years. All three visits are 10days only, Forth trip was for 4 months from Aug-10 to Dec-10, At POE ,Officer stamped 4months on my passport but did not asked me any questions, legally i came back to USA within 4 months of maximum 6 months stay.Even though I was out of US,I still maintained residence and paid taxes.I am still working for US company but i was working remotely from India, Employment is in America only but connected from India.

I want to go India for 5th time for another 60 to 90days in 2011, that makes 6 to 7months in a Oneyear but different trips?, Does this cause any problem for my continue residency requirement?, I will still have my residence in America but will come back after 3 months. so far after Greencard I have been in America for 3years continuous after GC.
 
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There will not be a clear picture ... until you naturalize or else.
A few trips is not a problem. There is no hard and fast 6 months limit. The evidence requirements change depending on the IO and your travel pattern.
Let's take a theoretical example ... are 6 trips of 2 months each and spending 3 days in US in between trips OK?
From what I see in your example, going back to India soon after returning in Dec 2010 might be seen as a single trip. But it is already February and presumably you are writing from US and yet to depart for US. This shows you have spent one month in US (maybe more) and this will go favorable in my opinion.
I do not think this single or dual trip is going to cause you any trouble, but then you have 2 more years in which to demonstrate your travel pattern.
Note that there are many people who get approved with pure borderline numbers (spend 51% time in US), and many who do not with slightly better numbers (55% time ... because of a long break).
It depends. So far you are good. Future ... no one knows.
 
thanks for your reply, I would say if i fly in one or two months and stay for 60days in India and come back and then i will not fly back untill i get UScitizenship, I am sure for the next two years i might not travel and just be in USA till i get Citizenship..so trying to be careful before i plan next trip to india this year and not to break continuous residency, i see lots of frequent travelers on this forums so please advice me.
 
if this is just one more 2 month trip you are talking about, there is nothing much to worry about. most of the "frequent travelers" who naturalized may not visit these forums afterwards.
 
i have same schedule of trips you have and no questions asked at POE but stamped 4months on passport, my question...is what happens if we travel again this year for another 2 to 4 months?, do i break continuously residency requirement, of-course i will still have my apartment and i will still be paying American taxes for this year.
 
During naturalization they look at the entire travel pattern of the past 5 years, not just whether each individual trips is 6 months.

So if you have two 4-month trips in a year and there is a long break inside the US before any more long trips, you should be OK. But if you are traveling like that every year for 3 consecutive years, you'll probably have a problem.

Ultimately it's a subjective decision at the discretion of the interviewer and his/her supervisor, so we can't make any definite predictions although we can make the general statement that the longer and more frequent your trips are is the more likely you'll have a problem.
 
I am eligible for Citizenship next year so this would be my last long 4months trip and and i was never been outside of US for more than 15days in first 3 trips and during first 3 years after my GC...
 
Gurus, Please advice..

I was checking my passport again today and i see when i came back from india after 4 months trip in December , On my passport,At POE the immigration officer at the airport wrote "Class until ARC" and wrote my A# and written 4 months

what does that means "Class Until ARC"?, does this cause any problem if i go for another longtrip for 2-4 months this year?

When i went 3 trips in the past for 15days, nothing was written but just a POE stamp?
 
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