Mystery of trips more than 6 months but less than a year? Any real expert on this?

C

cbears

New Member
My green card issues on 07/26/05 ob basis of marriage to US citizen. We filed petition to remove condition jointly in may 2007 but before it was approved we got divorced in 2009 and my interview was scheduled after divorce and my petition was approved as independent petition based on marriage in good faith but divorced. Now I have 10 years green card. I am not sure if I can file based on 3 years rule but even my 5 years as green card holder are up in july 2010 meaning i can apply after april 15 2010. But here is detail of my trips outside US. Any expert if you can tell me that will I be Ok . I mean I do fulfill more than 2.5 years in US outa last 5 years and also no trip over a year. But how picky they really are about trips more than 6 months but less than a year. I have tax records for 2005. 2006 , 2008 , and will have 2009. I didnt file tax in 2007. may be I can back file although didnt do much in 07. please help if you can.

OUT IN DAYS IN USA DAYS OUT OF USA

01/15/2006 02/18/2006 174 34
03/10/2006 03/19/2006 21 09
08/17/2006 12/16/2006 152 122
01/09/2007 04/28/2007 25 109
06/02/2007 08/21/2007 36 81
11/23/2007 06/28/2008 95 218
08/01/2008 03/10/2009 35 222
04/20/2010 407
(DATE I WILL FILE FOR N400 )

TOTAL 945 795

2.58 YEARS 2.1YEARS
 
can you provide the dates in a more under standing way ? it looks really complicated like

LD RD RD-LD


where
LD=leaving Date (USA)
RD=Returning Date(to USA)
RD-LD Days spent Abroad
and also include the total amount of days

I kinda have a similiar scenario, I just need the dats and put them in my spread sheet replacing mine. and I can let you know in a flash
 
hi -- can you please calculate the eligibility date for my wife based on 5yrs rule-- she might be eligible in end of 2011 ?? I filed joint Taxes for all years -- she has utility bill on her name for last 4 years -- we assume she stays rest of the time in USA ----

GC date : 03-20-2005

LD RD RD
8/20/2009 10/20/2009 61
11/21/2008 3/10/2009 109
6/7/2007 5/26/2008 354
5/29/2006 5/4/2007 340
6/6/2005 4/30/2006 328

thanks!
 
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cbears said:
My green card issues on 07/26/05 ob basis of marriage to US citizen. We filed petition to remove condition jointly in may 2007 but before it was approved we got divorced in 2009 and my interview was scheduled after divorce and my petition was approved as independent petition based on marriage in good faith but divorced. Now I have 10 years green card. I am not sure if I can file based on 3 years rule but even my 5 years as green card holder are up in july 2010 meaning i can apply after april 15 2010. But here is detail of my trips outside US. Any expert if you can tell me that will I be Ok . I mean I do fulfill more than 2.5 years in US outa last 5 years and also no trip over a year. But how picky they really are about trips more than 6 months but less than a year. I have tax records for 2005. 2006 , 2008 , and will have 2009. I didnt file tax in 2007. may be I can back file although didnt do much in 07. please help if you can.
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Unfortunately you will not find "real experts" since almost everyone here has a disclaimer of some sort of others. A "real expert" will be a lawyer, but even then it is a battle of odds of finding a good one.

Anyway, on the face of it, the trips sound excessive.
#1. You have lived in US for 54% of the time, and out of US for 46% of the time. This meets (but barely) the permanent residence requirement.
#2. By having trips longer than 6 months, you have broken the continuous residence requirement unless you can convince otherwise to CIS.
#3. Your recent absences are longer and will influence the decision more. You have been away almost 200 days a year in the last 3 years.

The intent of all these requirements is to ensure / validate that you reside in US and have ties in US, which does not seem to be the case. This does not mean a denial, but looks like you need to prove your ties to US and the necessity of these trips to CIS.
 
in ur first line of entry whats 174 and 34 ?

is 174 days spent and 34 days abroad
or the other way around ?



if you are going for the 5 year period to qualify you have to be
  1. physicaly present in america for more than 925 days in the past 5 years (more than half the time)
  2. have no trips having a duration of stay abroad exceeding 180 days at a streach. if you do you, it resets the clock and you have to start from the entry that does not exceed it
 
In my personal opinion it is extremely difficult to prove continuous residency because during 2007/2008 your were of the country for 218 days and during 2008/2009 you were out for 222 days meaning in the last two years you spent more time outside the US. If I were you, I will start counting the days since your return on 3/10/09.

Just my personal thoughts….
 
cbears said:
I am not sure if I can file based on 3 years rule
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No you can't since you are no longer married to a USC.
cbears said:
But how picky they really are about trips more than 6 months but less than a year.
Click to expand...

It's not about USCIS being picky. It's about you being given a chance to prove continuous residence for any trips over 6 months but less than 1 year.More importantly, it's about what evidence you have to overcome any presumption in break of continuous residence during that time.
 
cbears said:
My green card issues on 07/26/05 ob basis of marriage to US citizen. We filed petition to remove condition jointly in may 2007 but before it was approved we got divorced in 2009 and my interview was scheduled after divorce and my petition was approved as independent petition based on marriage in good faith but divorced. Now I have 10 years green card. I am not sure if I can file based on 3 years rule but even my 5 years as green card holder are up in july 2010 meaning i can apply after april 15 2010. But here is detail of my trips outside US. Any expert if you can tell me that will I be Ok . I mean I do fulfill more than 2.5 years in US outa last 5 years and also no trip over a year. But how picky they really are about trips more than 6 months but less than a year. I have tax records for 2005. 2006 , 2008 , and will have 2009. I didnt file tax in 2007. may be I can back file although didnt do much in 07. please help if you can.

OUT IN DAYS IN USA DAYS OUT OF USA

01/15/2006 02/18/2006 174 34
03/10/2006 03/19/2006 21 09
08/17/2006 12/16/2006 152 122
01/09/2007 04/28/2007 25 109
06/02/2007 08/21/2007 36 81
11/23/2007 06/28/2008 95 218
08/01/2008 03/10/2009 35 222
04/20/2010 407
(DATE I WILL FILE FOR N400 )

TOTAL 945 795

2.58 YEARS 2.1YEARS
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NovaCitizen said:
hi -- can you please calculate the eligibility date for my wife based on 5yrs rule-- she might be eligible in end of 2011 ?? I filed joint Taxes for all years -- she has utility bill on her name for last 4 years -- we assume she stays rest of the time in USA ----

GC date : 03-20-2005

LD RD RD
8/20/2009 10/20/2009 61
11/21/2008 3/10/2009 109
6/7/2007 5/26/2008 354
5/29/2006 5/4/2007 340
6/6/2005 4/30/2006 328

thanks!
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#9 23rd October 2009, 10:08 PM
sreeleshk
Registered User Join Date: Oct 2009
Posts: 25

the first 2 years of her's would not count towards her continous presence as she had been abroad for more than 180 days. even though you have utilities bills, property under her name and her being filed with you in ur tax returns. It will be 05/26/2013 for her to complete her 5 years period. and she will be eligible to apply 90 days in advance. provided that she maintains physical presence in America for more than 50% of time in the 5 years prior to 05/26/2013, and does not have trips that exceed 180 days abroad at a streach.


If she had secured a re entry permit (just in case) before going on her first two trips then the last 364 days can be counted towards her continous residency. if thats the case she would be eligible on 05/26/2012, the catch here is in these kind of cases the 90 days head start does not apply.

Proving you stay outside the country to count twards continous residence is a really a hassle. As ur spouse has not resided outside for more than 365 days there is no need for having secured a re - entry permit for anything other than for using 364 days for continous residence.

it may be 5 years ( you can apply 90 days in advance)
or 4 years and 1 day( from the date of return of the most recent trip that exceeded 180 days)
 
sreeleshk said:
[*]
have no trips having a duration of stay abroad exceeding 180 days at a streach. if you do you, it resets the clock and you have to start from the entry that does not exceed it
[/LIST]
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i think u were wrong -- if he stays more than 1 year, then it resets the clock--
staying abroad more than 180days and less than a year doesn't reset if he provides tax returns,mortgage payments.......ties to US
 
NovaCitizen said:
staying abroad more than 180days and less than a year doesn't reset if he provides tax returns,mortgage payments.......ties to US
Click to expand...

When you stay abroad for more than 180 days it is presumed you have broken your residency for naturalization purposes. The presumption can be overcome but it is hard, subjective (depends on the IO reviewing your case) and, in some cases, impossible.
 
NovaCitizen said:
so if we prove proper residency ties like tax return, then we are OK to file if we stayed over 180 days and less than 1yr ?? it won't reset the clock as others said in previous post....( sreeleshk / eltoro)
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You'll need to provide much more evidence as a proof of maintaining the residency ties than a tax return which can be filed from anywhere in the world.
 
eltoro said:
You'll need to provide much more evidence as a proof of maintaining the residency ties than a tax return which can be filed from anywhere in the world.
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actually this is for my wife - -she was finishing her school back in india in 2006 and 2007--
I was here all the time working, owing house and paying all taxes -- she visited me for a month every year for first years --
 
It will be easier for her to prove her residency ties were unbroken. She has several things working in her favor:
- her immediate family remained in the US (you)
- she was studying (not working)
- she filed her taxes as a resident
- she maintained residence in the US (perhaps she even was on a mortgage/lease agreement)

Gather proofs of the above and her case has a good chance of approval.
She will still need to meet other N-400 requirements like physical presence and good moral character.
 
NovaCitizen said:
i think u were wrong -- if he stays more than 1 year, then it resets the clock--
staying abroad more than 180days and less than a year doesn't reset if he provides tax returns,mortgage payments.......ties to US
Click to expand...

i stand corrected

its not really easy to prove that u didnt abandon ur residence....providing tax returns,mortgage payments... it all comes to the judgement of the uscis.... its worth a shot, if get denied u just lose the fee, no big deal

besides when are you anticipating your eligibility ? 2011 ? or sooner
 
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sreeleshk said:
i stand corrected

its not really easy to prove that u didnt abandon ur sresidence....providing tax returns,mortgage payments... it all comes to the judgement of the uscis.... it worth a shot, if get denied u just lose he fee, no big deal

besides when are you anticipating your eligibility ? 2011 ? or sooner
Click to expand...

thanks for all your info!!!!!

She might complete 30 months time in US by july-2011 -- will give a try at that time-- if she didn't get it, then she can try as a spouse of US citizen in Dec.-2012 --
 
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