It helps, but isn't enough to prove continuous residency if you can't show that you were paying mortgage/rent for primary abode in the US.
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Maintaining GC status (5 years) for citizenship
- Thread starter GCcomesoon
- Start date
It helps, but isn't enough to prove continuous residency if you can't show that you were paying mortgage/rent for primary abode in the US.
solid_traveling
Registered Users (C)
From my recent interview experience I can confirm that a) having a re-entry permit does not preserve anything (I had 2 7-month trips and they were seen as breaking my residence) and that b) you will have to prove that you have have your primary abode in the US. For me, the IO did not accept tax returns, retirement account statements, etc. He wanted to see phone bills, car insurance, recent bank records showing residence activity in the US. I was able to provide those for the required period and was approved. The IO in my case did not look for a pattern in my travel (I had a bunch of back to back to back trips including the 2 7-month trips) but he verified the number of days outside of the US and the fact that I basically stopped traveling in early 2007 (had two foreign trips of 1 week each in 2007-2008).
how did it go ? did u get naturalised inspite of the travels ?
how did it go ? did u get naturalised inspite of the travels ?
Probably. A 7 month trip (or even 2) aren't an automatic bar to citizenship as long as the person can show that they continued their residence in the US. Plus tobias2801 had been in the US almost 100% of the time over the last 3 years so that helps.
It helps, but isn't enough to prove continuous residency if you can't show that you were paying mortgage/rent for primary abode in the US.
Hmm... are you suggesting that if one rents out a room for for 3 years while living outside the country and making a trip back to the US every 5 months for a few days, they are maintaining continuous residence?
(you can always give your credit card to a friend and ask them to use it every month)
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Proof of continuous residency is based in part on keeping a primary abode in the US, so one does need to maintain a primary residence in the US in order to preserve continuous residency for naturalization purposes.
If one is outside the country on an approved N-470, then one does not need to maintain a primary residence in the US to preserver continuous residence in the US.
But I understand your point. We naturally assume that primary residence is where someone stays for a majority of the time during the year. I think OP is looking at this more as a 'permanent address' (as they are planning on staying outside the US for most of the year).
sanjoseaug20
Registered Users (C)
how did it go ? did u get naturalised inspite of the travels ?
That's what tobias said - "I was able to provide those for the required period and was approved".
Tobias also said that the absence was a while back and last 3 years seem to be clean from a travel / residency perspective.
sanjoseaug20
Registered Users (C)
I got my GC approved in April-2008. Due to some personal circumstances I plan to leave US for good in next 1 year. That means I will be in US physically for 30-32 months by Feb-March next year.I was on vacation for 1 month last year.
Has anyone done this or can anyone confirm this rule? We all have earned our GC’s thru lot of hardships. All these efforts will go waste if we loose this privilege.
Having seen the other replies on this thread - it is no way guaranteed that they are going to deny N400, but the odds of denial are so high compared to the approval - that you have to assume the worst. Things can change in life. You might decide after a year of living outside US that you want the citizenship and came back to US, of course, the approval process will be much easier since you will be able to show another 1-2 year of US residence before you file for N400.
However, if you are basing your life on completing 30 months and getting out of US then, I would say take a decision now and move on. This saves you time building the 30 month history which you can complete later if you seriously want the citizenship.
If you are married, and your spouse has the same GC approval date, let him/her stay back extra and complete his/her citizenship - so that you have the option later to return without depending on an employer.
I know it was hardship, but be sure it will be more hardship to come if you are trying to super-optimize all parameters. And if you are willing to take the pain, and with luck, maybe you can.
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Jackolantern
Registered Users (C)
Continuous residence is largely a subjective decision, and they evaluate it based on the quality and quantity of evidence in front of them. Informally renting a room from a friend is probably going to be less credible than having a lease or mortgage with your name on it. Especially if you weren't already living in that room (with months of bills in your name going to that address) before you started taking long trips outside the US.Hmm... are you suggesting that if one rents out a room for for 3 years while living outside the country and making a trip back to the US every 5 months for a few days, they are maintaining continuous residence?
(you can always give your credit card to a friend and ask them to use it every month)
tobias2801
Registered Users (C)
how did it go ? did u get naturalised inspite of the travels ?
Should have included my signature in the previous post - I passed the interview 1/14/10 (20 minute deal but had to produce all kinds of evidence to prove my case of being married and residing on the US for the required time). My oath is scheduled for 3/4/10.
Not sure if this helped my case but I got my green card 5/2000 and got married to USC 8/1997. My long trips abroad were 2005/2006 and I applied for USC 11/2009. So I never applied for anything right when I became eligible.
Hmm... are you suggesting that if one rents out a room for for 3 years while living outside the country and making a trip back to the US every 5 months for a few days, they are maintaining continuous residence?
(you can always give your credit card to a friend and ask them to use it every month)
No, since USCIS looks at all evidence. Proof of maintaining a US abobe includes paying rent or mortgage and is just one piece of important evidence they consider when needing to proove continuous residence. So it is possible for someone to show continuous residence with back to back trips of 5 months by demonstrating that they maintained a US residence, had immidiate family in the US, payed taxes, maintained utility payments to your abode, maintained bank accounts etc..
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Correct, just as military based applications don't need to maintain primary US residence, but in OP's case neither apply.If one is outside the country on an approved N-470, then one does not need to maintain a primary residence in the US to preserver continuous residence in the US.
Should have included my signature in the previous post - I passed the interview 1/14/10 (20 minute deal but had to produce all kinds of evidence to prove my case of being married and residing on the US for the required time). My oath is scheduled for 3/4/10.
Not sure if this helped my case but I got my green card 5/2000 and got married to USC 8/1997. My long trips abroad were 2005/2006 and I applied for USC 11/2009. So I never applied for anything right when I became eligible.
Congratulations.
In your case your trips from 2005-06 are immaterial. Even if you did break continuous residence back in 2006, you would have been eligible to apply 2 years +1 day after your return (in 2008). In your case, they were probably checking to see whether you abandoned your LPR during that time. (Being married to a USC and living in the US for other than those 2 trips probably more than satisfied the IO that you didn't abandon residence)
GCcomesoon
Registered Users (C)
Hi
After reading all the posts, I have few questions
1)If you live in the US for first 30 months, & then stay out of the country let’s say for 2 years (24 months) on return permit, are you eligible to apply for citizenship immediately by counting these 2 years after you come back in the country?
2)Or can you apply citizenship after 2 more years , ( which means you counted the first 3 years & then the last 2 years after you return back )
3)Or after one uses return permit to stay outside, does he start from zero after he returns back? If yes is he eligible for citizenship after 5 more years?
4)What if one leaves the country after 30-35 months of physical stay for say 5-6 months & comes back. In this scenario can these 5-6 months be counted towards citizenship? Of course valid documentation should be shown as proof for these 5-6 months.
Thanks in advance
GCcomesoon
After reading all the posts, I have few questions
1)If you live in the US for first 30 months, & then stay out of the country let’s say for 2 years (24 months) on return permit, are you eligible to apply for citizenship immediately by counting these 2 years after you come back in the country?
2)Or can you apply citizenship after 2 more years , ( which means you counted the first 3 years & then the last 2 years after you return back )
3)Or after one uses return permit to stay outside, does he start from zero after he returns back? If yes is he eligible for citizenship after 5 more years?
4)What if one leaves the country after 30-35 months of physical stay for say 5-6 months & comes back. In this scenario can these 5-6 months be counted towards citizenship? Of course valid documentation should be shown as proof for these 5-6 months.
Thanks in advance
GCcomesoon
Jackolantern
Registered Users (C)
Spending 12 consecutive months outside the US will automatically break continuous residence unless you have an N-470 or you were in the military. That is true whether you have a reentry permit or not. Doesn't matter if you spent 50 years in the US before that.
However, upon breaking continuous residence with that 12-month trip, you are eligible to apply for citizenship at 4 years and 1 day since returning to the US, instead of having to wait another entire 5 years. 2 years and 1 day if eligible for the 3-years-married-to-USC rule.
However, upon breaking continuous residence with that 12-month trip, you are eligible to apply for citizenship at 4 years and 1 day since returning to the US, instead of having to wait another entire 5 years. 2 years and 1 day if eligible for the 3-years-married-to-USC rule.
Using the reentry permit is largely irrelevant to continuous residence for naturalization. It is the length of your trips that matters, along with other evidence of your ties to the US.3)Or after one uses return permit to stay outside, does he start from zero after he returns back? If yes is he eligible for citizenship after 5 more years?
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Hi
After reading all the posts, I have few questions
1)If you live in the US for first 30 months, & then stay out of the country let’s say for 2 years (24 months) on return permit, are you eligible to apply for citizenship immediately by counting these 2 years after you come back in the country?
No. You have to wait 4 yrs +1 day after your return
2)Or can you apply citizenship after 2 more years , ( which means you counted the first 3 years & then the last 2 years after you return back )
No. You have to wait 4 yrs +1 day after your return
You are eligible 4 yrs +1 day after your return.3)Or after one uses return permit to stay outside, does he start from zero after he returns back? If yes is he eligible for citizenship after 5 more years?
Yes. If you can show that you didn't break continuous residence (e.g. spouse and kids were here in the US, approved vacation from US Employer, return to the same employer upon return, did not gain employment in another country while you were away etc)4)What if one leaves the country after 30-35 months of physical stay for say 5-6 months & comes back. In this scenario can these 5-6 months be counted towards citizenship? Of course valid documentation should be shown as proof for these 5-6 months.
Hi,
I have approved N-470 which states that
" Your application to preserve residence for naturalization purposes has been approved to cover your absence from the United State from on or about dd/mm/yyyy to dd/mm/yyyy or to an indefinite date thereafter, for as long as you remain absent on behalf of XYZ Inc.( name of my company).
The approval of your application allows you to count the period of your absence toward residence in the United States for naturalization purposes but not towards physical presence..... ( and then few lines about having 30 month presence in preceding 5 years etc..)
"
I have few questions.
-Does this relives me from burden of proof to prove my continuous residency in US while I am outside of US? What are the valid proofs in N-470 case which can be considered acceptable to IO.
-I am planning to file my N-400 while outside of the country. My attorney mentioned that I don't need to be resident of a state for 90 days to apply as I have approved N-470. Are there any risks here?
-Anyone has gone through N-470 route successfully can share their experience.
Thanks In Advance
I have approved N-470 which states that
" Your application to preserve residence for naturalization purposes has been approved to cover your absence from the United State from on or about dd/mm/yyyy to dd/mm/yyyy or to an indefinite date thereafter, for as long as you remain absent on behalf of XYZ Inc.( name of my company).
The approval of your application allows you to count the period of your absence toward residence in the United States for naturalization purposes but not towards physical presence..... ( and then few lines about having 30 month presence in preceding 5 years etc..)
"
I have few questions.
-Does this relives me from burden of proof to prove my continuous residency in US while I am outside of US? What are the valid proofs in N-470 case which can be considered acceptable to IO.
-I am planning to file my N-400 while outside of the country. My attorney mentioned that I don't need to be resident of a state for 90 days to apply as I have approved N-470. Are there any risks here?
-Anyone has gone through N-470 route successfully can share their experience.
Thanks In Advance