6 months rule

E

EricNJ

New Member
Dear all

I am a permanent resident. I have got my GC March 2009. I have been staying in US since then.. I went my country 15-20 days every year for vacation. I will be eligible applying a citizenship in December 2013.

I was hired a company last year and I have been working in this company almost 14 months now. They are planing to work on a project in Canada and send me as a supervisor .

I will go to CANADA in June 2013, and I will go back and forth once or twice every month by December 2013 to fulfill the 6 months or more requirements.

I will have rental apartment and lease on me since my girl friend remain living in it. I will still be paid in US. I will have health insurance in US, but I will have Canadian work visa.

Since I don't want lose my chance of being a citizen of US, I have a lot of doubts about it,

Could you please share your opinions and experiences with me?
 
Do you work for a US company? Have you spent 365 consecutive days in the US at any time since becoming a permanent resident? If yes to both, you may be eligible for N-470 which would preserve your continuous residence for naturalization while you're working in Canada, even if you spend more than 6 months there.
 
Hi Jackolantern,

thank you so much for your reply,yes I am working for a US co but I haven't spent 365days without interruption, unfortunately I was out 15-20 days every year.

I won't spend more than 6 months out of US, BUT in order for me to do that I have to go back and forth multiple times in months after June till December. I am wondering because, first, can they ask me why I am going back and forth many times, and second, why I have working visa for Canada.
if there is a possibility that they can refuse my application, I have to consider going to Canada for work:(
 
I am wondering because, first, can they ask me why I am going back and forth many times, and second, why I have working visa for Canada.
Click to expand...
Of course. If you have long or frequent trips outside the US, it is very likely the interviewer will ask why.

You said you expect the assignment in Canada to start in June. If you don't leave the US for even one day between now and June, will you have the 365 consecutive days?
 
Unfortunately it won't be 365 days. I believe I have to reject the offer and get my us passport first. I don't want to risk this chance at all..

thanks
 
EricNJ said:
Unfortunately it won't be 365 days. I believe I have to reject the offer and get my us passport first. I don't want to risk this chance at all..

thanks
Click to expand...

I am not an expert and I tend to ask more questions than give answers. But no matter how frequently you travel, as long as you spend (ideally most of the) time in the U.S. , you don't go abroad for more than 6 months at a time, you pay U.S. taxes, then after 5 years with at least 30 months of physical presence, you should just get citizenship. Am I wrong?

Your pattern and plan just look fine to me ...
 
EricNJ said:
Unfortunately it won't be 365 days. I believe I have to reject the offer and get my us passport first. I don't want to risk this chance at all..
Click to expand...

How long is the assignment in Canada expected to be? If it's less than a year, and you return to the US frequently during the assignment, and then apply a few months after the end of it, you'll almost surely be approved.

But if you're going to working in Canada for most of the time during the naturalization process, that could be problematic because working abroad is a negative factor, and continuing to work there during the naturalization process raises doubts about how temporary the arrangement is.
 
Last edited by a moderator:
Hannah7 said:
I am not an expert and I tend to ask more questions than give answers. But no matter how frequently you travel, as long as you spend (ideally most of the) time in the U.S. , you don't go abroad for more than 6 months at a time, you pay U.S. taxes, then after 5 years with at least 30 months of physical presence, you should just get citizenship. Am I wrong?
Click to expand...

Working abroad without an N-470 is a negative factor. If the traveling to Canada was just for personal reasons and didn't involve working there, the chances of approval would be much better.
 
Thank you both for necessary information. I have a better understanding of this process after your comments and advice. I would need to be in Canada for the most of the time of naturalization process, it is not certain so that it is better either to get N470 or nott going at all..

have a wonderful new year :)

thanks again
 
You must log in or register to reply here.
Top