Move abroad while in Naturalization Process

M

mikaelrap

New Member
Hi,
I am looking to move abroad while in the US Naturalization Process. My wife and I have had green cards for more than 8 years and our children are all US Citizens.
We started the US Naturalization process in May of 2019 and already did the biometrics in May (a few weeks after applying). The USCIS website says that our estimated date of completion is May 2020.

Can we move abroad now and come back every few months with my wife for 3-4 days and make sure to attend all future interviews? Or is it better to stay in the US and postpone our moving plans?

Thanks
 
Definitely better to stay in the US and postpone your moving plans. During your interview you'll have to provide details of your trips and where you stayed during those trips. It will become clear to any IO that you have intent to live abroad, which may be lead to denial on grounds of lack of continuous residence. Its less than a year in the grand scheme of things!
 
Agree with above, you have to maintain continuous residence until interview/oath, which is violated if your actual residence is abroad.

An applicant for naturalization under the general provision [1] must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least five years prior to filing the naturalization application and up to the time of naturalization. An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for three months prior to filing. [2]

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” [3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.


https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
 
The last part of OP's post "move abroad now and come back every few months.. for 3-4 days" is a violation of the requirements for US permanent resident status. Gaming the system isn't going to go over well with CBP.
 
Dumb question!!
But I'm curious.

If moving out of the US why become a citizen?

You would still be required to file taxes everyear.

As everyone else already told you. Your plan wouldn't work! If you were to move now.
 
Thanks everyone. It's clear that we need to stay in the US up until we get our naturalization.
Then, to respond to Jbuff: That was going to be my next question: Since my wife and I have been holding our Green Cards for more than 8 years, it's almost impossible to abandon it without paying this "exit tax"....... IF we could we would let go ouf our Green Cards but it's going to be expensive.... What if we are denied naturalization, do we automatically lose our green card and then would be exempt from filing taxes every year?
 
Generally speaking, US GC holders are required to live and work in the US, filing US tax returns as applicable. US citizens are required to file US tax returns on worldwide income no matter where they live. US citizens have certain obligations, including no exemptions from filing annual tax returns.

A denied naturalization would not automatically result in the loss of a green card, but the cause of the n400 denial could put the gc under scrutiny and potentially risk complications for renewal.
 
You must log in or register to reply here.
Top