Need Help on timeline for citizenship filing.

G

Gan_s

New Member
Hi,
I need advise, i saw in some sites saying i can't go out of country more than 6 months and in some 1 year , which one is correct?

My wife is planing to go to India for 10 months, is it ok?
GC Approval date: 03/10/2003
Trip to India : from 04/02/2003 to 07/02/2003 -- 92 days
Palnning trip to India: 10/01/2006 to 09/01/2007 -- 330 days
file for citizenship in Dec'2007

I am going to stay here this whole time and file for citizenship in dec'2007.

Please tell me your opinions.

Thanks in advance,
Sagi.
 
In my opinion 6 months is safe, as that is what is also mentioned in the "Guide to naturalization" document.
If more than 6 months, the burden of proof rests heavily on the applicant.
 
She can certainly go for 10 months. First concern should be that when she comes back, she needs to be prepared to go thru' secondary inspection at POE. She needs to have documentation to prove that she did not abandon her permanent residency and her stay abroad was temporary in nature. Tax returns, bank statements, mortgage or lease paperwork for house/apartment in the US, utillities statements, credit card statements, etc. would be good to carry.

For naturalization purposes, any stay over 6 months generally breaks the continuous residence requirements. She will have to argue her case about the temporary nature of stay abroad that got extended due to circumstance beyond her control at her interview. It will be up to the immigration officer. They used to be a lot more lenient, but now a days it may be a different story. If she gets denied, then she can apply later or choose to wait before applying. In that case, you may want to apply thru' an attorney.

Also, if she thinks her stay can extend beyond 12 months, then she needs to apply for a re-entry permit before leaving the US. Reentry permits are valid for 2 years. She may or may not have a need to use it, but it may be good to have it, just incase. You cannot apply for re-entry permit after leaving US.

Good luck!
 
Here's what it says in the "A Guide to Naturalization" document:

===============================
What if I was outside the United States
for between 6 and 12 months?

If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your “continuous residence” unless you can prove otherwise.

Read the “Document Checklist” in the back pocket of the Guide to find out what information you must give to us to prove you did not break your “continuous residence.”
===============================

Here's what is stated you'll need to prove Continuous Residence (in the same document):

=================================
If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:

-> An IRS tax return “transcript” or an IRS-certified tax
return listing tax information for the last 5 years (or for
the last 3 years if you are applying on the basis of
marriage to a U.S. citizen)

-> Rent or mortgage payments and pay stubs.
=================================

The burden of proof will be on you to prove continuous residency.

Hope this helps.
 
Last edited by a moderator:
As previously stated, absences from 6mths to 1yr require you to demonstrate the temporary nature of your trip. There is useful information in the CFR's and adjudicator's handbook covering this situation, so I recommend you spend some time reading the source material.

Full text of CFR 316.5

The relevant section:
(c) Disruption of continuity of residence
(1) Absence from the United States.
(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under Sec. 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)
(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.​
 
Thanks for the information

About the proof for continuous residency, She is not working. I am going to be here, so can i show the tax returns of mine with her name is enough? .. Any thing else i need to take care?

Thanks once again for the valuable information,
SAgi
 
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