Do you see any problems with this scenario? Please advise - Thank you!

[MainBheeCitizen]

Hello dear fellow members,

Please consider this scenario.

Got my GC in last week of Year 0.

Year Time PHYSICALLY Max trip outside US
Present in US

1 4 months 7 months
2 9 months 3 months
3 11 months 1 month
4 5 months 5 ½ months
5 1 month 5 ½ months (twice)

Total 30 months

Starting the middle of Year 4, start living abroad for personal reasons. Continue to fulfill all GC residence requirements by never being out of the US for more than 6 months.

During this entire period (Year 0 thru 5), file all my taxes in the US. Until the middle of Year 4, generally draw salary in the US (no foreign earnings). This also holds true for the period when I was abroad for the longest trip (7 months in Year 1).

Live in apartments while physically present in the US – never own a house. Continue to own car in the US and maintain all bank accounts, brokerage accounts, Retirement accounts in the US.

Do you folks see any problem in applying for citizenship at the end of Year 5? Or does this become a complicated case?

Another clarification please – are these requirements evaluated at the time of APPLICATION for citizenship or at the time of the INTERVIEW (potentially 6 – 18 months from date of application at which time the physical residence requirements may not hold for this particular scenario)?

Please advise – thanks so much for your time!

Regards to all.
Thank you,
MainBheeCitizen

 

[MainBheeCitizen]

As I mentioned in original post - in the middle of year 4, I start living abroad. However all financial ties such as bank accounts, IRAs, 401Ks etc. are maintained in the US. Taxes too are paid in the US. Car is kept in the US. Since I don't own a house in the US, there is no physical dwelling to my name (nor am I paying rent to an apartment complex since I will not be living in the US at that time anyway).

Most importantly, I continue to run a small US based company that receives all revenues in the US and pays taxes in the US. No attempt is made to take unfair tax advantages of living outside the US.

Based on all this, in what way may I be deemed to have abandoned my US residence?

Also is there anything wrong in first completing the physical presence requirements for US citizenship to a large extent and then residing abroad for some time - doing all that is needed to keep the GC current (never staying out of the US for more than 6 months).

At the present time, I am in Year 2. The endevours and hope will be to continue to run my US based company even when living outside the US. If successful, might continue to receive salary in the US from the company even after year 4.

The eventual goal is to get US citizenship, run my company in the US, ALWAYS pay taxes in the US and split my time between my home country (India) and the US without being tied down by the requirements of keeping the GC active.

Thank you all for your time and advice. Look forward to your valuable inputs.

 

[C R S]

In order to continue to be a permanent resident of the US, you have to reside in the US on a permanent basis. That having been said, I think you should consult an attorney about whether you are eligible to file form N470 (Application To Preserve Residence for Naturalization Purposes).

Another clarification please – are these requirements evaluated at the time of APPLICATION for citizenship or at the time of the INTERVIEW (potentially 6 – 18 months from date of application at which time the physical residence requirements may not hold for this particular scenario)?

The requirements have to be met at the time of the application. However, you will have to continue to reside in the US permanently until you are naturalized. (Note that this requirement can be trivially met with an approved N470 application.) Interestingly, there doesn't appear to be a requirement for physical presence once the application is filed. Refer to the following site for details:

http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-9606/slb-30243/slb-30285?f=templates&fn=document-frame.htm#slb-8cfrsec3162

Also is there anything wrong in first completing the physical presence requirements for US citizenship to a large extent and then residing abroad for some time - doing all that is needed to keep the GC current (never staying out of the US for more than 6 months).

Not as long as the intent to permanently reside in the US is not compromised.