Thank you all. I will check some other posts. I didn't find any on the first few pages hence thought I would start a new thread.
To answer some of your questions, we thought we just need 3.5 yrs of continuous stay ( we were told this by a lawyer). We were under the impression that after this period a broken stay is ok, then we can apply after we complete 4 yrs 9 mths.
Thanks again
J rao
If your lawyer suggested you can break residence and still get citizenship, I recommend you find a better lawyer.
Immigration law states you need to meet the following criteria for a 5yr N-400 application:
- 30 months accumulated physical presence
- 5 years continuous residence, with no single absence longer than 6 months unless covered by one of the limited exceptions.
- a minimum of 90 days legal residence in the district which you are applying
Although harder to point to explicitly in 8.CFR, there is also an expectation that an immigrant
intends to reside indefinitely in the US during and after the naturalization process. This is typically what catches most people out - they think that by meeting the "no single absence longer than 6 months" rule, that they won't encounter any problems. Trouble is, if they have shown intent to abandon their residence (e.g. by moving abroad, or engaged in foreign employment) they almost certainly broke residence under the "intent" rules.
This is a complex topic. Proceed with caution and seek the best advice you can afford.