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faten

Registered Users (C)
hi all,
please folks i need your help. i am planning to apply for my citizenship in March, 2013. but During the 5 years, I traveled three times to see my husband, each trip was about 5 months. Did i break a condition for the citizenship?
I have heard about staying continously for three years in the usa.
need help
any comment will be helpful.
 
There are two main requirements:

1. Continuous residence requirement

2. Physical presence requirement


Trips shorter than 6 months each do not break the continuous residence requirement. So your trips of about 5 months each did not break the continuous residence.

Regarding physical presence, if you are applying based on marriage to a US citizen and you are a greencard holder for at least 3 years, then out of the 3 years you must be physically present in the US for at least 18 months to meet the physical presence requirement. If you are applying based on being a greencard holder for at least 5 years, then out of the 5 years you must be at least 30 months physically present in the US.


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thank you for reply.
I am applying based on being a greencard holder, but i dont undrestand the second requirment. in my situation, would my trips affect my citizenship? should i stay in the us 30 months continuously?

thank you
 
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faten said:
thank you for reply.
I am applying based on being a greencard holder, but i dont undrestand the second requirment. in my situation, would my trips affect my citizenship? should i stay in the us 30 months continuously?

thank you
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No, you do not have to stay continuously. The physical presence means that the total time in the US in the last 5 years as greencard holder needs to be at least 30 months. It does not have to be continuous. You can of course travel, no one expects you to be straight 30 months in the US. As long as the trips are not longer than 6 months each you are fine and you do not break your continuous residence.

You said you are applying based on being a 5-year greencard holder, is that correct? What is the "Resident since" date printed on your current greencard? Make sure that you calculate your 5-year time based on the "Resident since" date. If you apply too early then your application will be denied.

If I read your info right, you are a resident since 2009 and hence it looks like you will be eligible for citizenship in 2014 and not 2013.

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Thank you you made my day :).
Yes I got my gc in 2009 , but in the gc written resident since 2008.
 
faten said:
Thank you you made my day :).
Yes I got my gc in 2009 , but in the gc written resident since 2008.
Click to expand...

The "resident since" date on your GC is correct. Since you received GC via asylum, your GC "resident since" date gets back-dated by 1 year from the date of I-485 approval.
 
nwctzn said:
Trips shorter than 6 months each do not break the continuous residence requirement. So your trips of about 5 months each did not break the continuous residence.
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Click to expand...

Things are not so simple. It is a common misconception to think that simply keeping the lengths of all individual absences from the U.S. under 6 months each is sufficient in order not to break the continuous residency requirement.

In reality the IO adjudicating the N-400 application has a wide discretion in evaluating continuous residency issues and trips under 6 months each may still be a problem, depending on the particular circumstances.
In particular, the travel pattern is important, and the OP did not provide that info in her posts.
E.g. how far apart between each other were those 5 months trips abroad?

If the trips were separated by several months of presence in the U.S., that's a big plus.

But if those trips were separated by only short periods of presence in the U.S., this could well be a problem.
In that case the IO will likely scrutinize these trips further, and ask about additional factors, such as what kind of ties to the U.S. the OP maintained during those trips (renting/owing housing back in the U.S. during these trips, having a job in the U.S. during these trips, taking or not taking a job abroad, etc). The fact that her husband was outside of the U.S. at the time would be a substantial minus in such a situation.
 
baikal3 said:
Things are not so simple. It is a common misconception to think that simply keeping the lengths of all individual absences from the U.S. under 6 months each is sufficient in order not to break the continuous residency requirement.

In reality the IO adjudicating the N-400 application has a wide discretion in evaluating continuous residency issues and trips under 6 months each may still be a problem, depending on the particular circumstances.
In particular, the travel pattern is important, and the OP did not provide that info in her posts.
E.g. how far apart between each other were those 5 months trips abroad?

If the trips were separated by several months of presence in the U.S., that's a big plus.

But if those trips were separated by only short periods of presence in the U.S., this could well be a problem.
In that case the IO will likely scrutinize these trips further, and ask about additional factors, such as what kind of ties to the U.S. the OP maintained during those trips (renting/owing housing back in the U.S. during these trips, having a job in the U.S. during these trips, taking or not taking a job abroad, etc). The fact that her husband was outside of the U.S. at the time would be a substantial minus in such a situation.
Click to expand...

Very valid points. If she traveled for 5 months, returned to the US for a few days, then again left for 5 months, returned for few days to the US etc. then the officer might see a red flag and question the travel pattern. If the travel is more or less spread out during the 5 years, she should be fine.
 
thank you for mentioning this point baikal3.
Between the fisrt and second trip, i stayed one year. and the time between the second and third trip was one year and eight months.do you still see a problem in my case.
My kids are american, and i am petitioning my husband to come to the U.S, he is approved and his paper now is with nvc
. I am working hardly and patiently to get together with my husband and our kids here.
 
I think you are fine and I do not think the officer will see a red flag in your travel pattern. Just to be on the safe side, have tax return transcripts, bank statements, mortgage/lease statements etc with you during the interview in case your ties to the US will be questioned.
 
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