Continuous Residence Requirement

[RichardShane 2]

Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard

[diadromous mermaid 36]

Are you planning to *live* in the Philippines for the 8-9 months? Continuous residence means that you consider the USA your legal residence.

Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard

[RichardShane 2]

Are you planning to *live* in the Philippines for the 8-9 months? Continuous residence means that you consider the USA your legal residence.

Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard

I'll be staying there for a while (long vacation) since my wife to be (we'll be newlyweds by then) is over there and i want to spend time with her before i go back here and file a petition for her.. I'm actually be there mainly for vacation. My parents and brothers are here as well in the US. thanks for the reply..

Edited January 2, 2009 by RichardPeng

[thedreamgl 0]

This might be an issue. I would suggest going over FAQs on uscis website or speaking to a lawyer. If possible, I'd suggest to keep it under 6 months

Are you planning to *live* in the Philippines for the 8-9 months? Continuous residence means that you consider the USA your legal residence.

Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard

I'll be staying there for a while (long vacation) since my wife to be (we'll be newlyweds by then) is over there and i want to spend time with her before i go back here and file a petition for her.. I'm actually be there mainly for vacation. My parents and brothers are here as well in the US. thanks for the reply..

[RichardShane 2]

Thats why im actually planning to go to Guam before my 6th month.. im just wondering if Guam, as a US territory, can maintain my continuous residency instead of going to the mainland.. Thanks for the prompt reply.. i really appreciate it..

Are you planning to *live* in the Philippines for the 8-9 months? Continuous residence means that you consider the USA your legal residence.

Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard

I'll be staying there for a while (long vacation) since my wife to be (we'll be newlyweds by then) is over there and i want to spend time with her before i go back here and file a petition for her.. I'm actually be there mainly for vacation. My parents and brothers are here as well in the US. thanks for the reply..

[jamieswith 0]

Thats why im actually planning to go to Guam before my 6th month.. im just wondering if Guam, as a US territory, can maintain my continuous residency instead of going to the mainland.. Thanks for the prompt reply.. i really appreciate it..

Personally I doubt it - but perhaps consult a lawyer.

You wouldn't be maintaining residence (i.e. would not be returning home), but just visiting Guam.

Sure, it might stop you having problems with you loosing your residency due to being out of the US for over 6 months, but you would still have been out of the US for more than 6 months in that same year.

You have to be very explicit with all trips outside the US on the N-400 application - spending one day in Guam before going back out is going to really stand out.

I'd check with a lawyer unless you can arrange to be away less than 6 months.

[ziia 9]

Guam is a US territory but i'm not sure that the same immigration laws apply as in the rest of USA. Puerto Rico is part of USA territory as well but it is not called USA, neighter is Guam. I'd sugest to make an infopass and go speak to an immigration officer. They'll be able to give you a more accurate answear. As far as staying overseas for a long period of time, without consequences, again, the officer might be able to tell you what you can do about that. It doesn't cost a thing, so i'd give it a shot. As a permanent resident, if you get married, are you aware of the waiting times to get your wife here? Just a pure curiosity-don't have to answear unless you want to.

[RichardShane 2]

Guam is a US territory but i'm not sure that the same immigration laws apply as in the rest of USA. Puerto Rico is part of USA territory as well but it is not called USA, neighter is Guam. I'd sugest to make an infopass and go speak to an immigration officer. They'll be able to give you a more accurate answear. As far as staying overseas for a long period of time, without consequences, again, the officer might be able to tell you what you can do about that. It doesn't cost a thing, so i'd give it a shot. As a permanent resident, if you get married, are you aware of the waiting times to get your wife here? Just a pure curiosity-don't have to answear unless you want to.

thanks for the reply.. I know the wait for a LPR petitioning a spouse... but im planning to file citizenship next year anyway so it will be upgraded to IR1.. I just want to make sure that i can file my citizenship next year since ill be staying overseas for a little while and i dont want it to be some kind of a problem when i file my n400.. Will do! i will try to call USCIS and get some infos.. Thanks again!

[jamieswith 0]

Guam is a US territory but i'm not sure that the same immigration laws apply as in the rest of USA. Puerto Rico is part of USA territory as well but it is not called USA, neighter is Guam. I'd sugest to make an infopass and go speak to an immigration officer. They'll be able to give you a more accurate answear. As far as staying overseas for a long period of time, without consequences, again, the officer might be able to tell you what you can do about that. It doesn't cost a thing, so i'd give it a shot. As a permanent resident, if you get married, are you aware of the waiting times to get your wife here? Just a pure curiosity-don't have to answear unless you want to.

thanks for the reply.. I know the wait for a LPR petitioning a spouse... but im planning to file citizenship next year anyway so it will be upgraded to IR1.. I just want to make sure that i can file my citizenship next year since ill be staying overseas for a little while and i dont want it to be some kind of a problem when i file my n400.. Will do! i will try to call USCIS and get some infos.. Thanks again!

Don't bother calling the <mis>information line - they usually give bad/incorrect information.

Instead make an infopass appointment to see an immigration officer, that way you know the answers have a good chance of being correct.

[moonhunt 1]

thanks for the reply.. I know the wait for a LPR petitioning a spouse... but im planning to file citizenship next year anyway so it will be upgraded to IR1.. I just want to make sure that i can file my citizenship next year since ill be staying overseas for a little while and i dont want it to be some kind of a problem when i file my n400.. Will do! i will try to call USCIS and get some infos.. Thanks again!

I would say that it is risky.

Some USCIS checks the pattern of your trip.

Even if you come to US for a week or two, there is a chance that some USCIS employee may consider both trips as extended trip, and you may get your green card canceled and/or deported.

It is USCIS employee authority to inteprete those info.

You can challenge their decision, but it will cost you money/time/efforts.

From tax law, I believe if you don't live in U.S. for more than 183 days, you may be considered as non-resident or something like that.

I heard that some people using that kind of tactics had some trouble because of this kind of intepretation.

*P.S. Remember that USCIS employee have different opinions for same topic sometimes. If you get confirmation from USCIS phone call, it doesn't mean that it will be honored from POE. USCIS employee - more likely CBP employee - have sole discretion at POE to decide whether you will be allowed or deported.

Then USCIS adjudicator during N400 process have another discretion during his/her process.

They may honor each other's decision, but it is not guaranteed.

Edited January 7, 2009 by moonhunt

[lucyrich 20]

Are you planning on maintaining your residence in Guam? As in, keeping your apartment there, getting mail there, registering to vote there, paying your taxes there, etc.? If you do all those things while you're temporarily visiting the Phillipines, maybe it would count as maintaining your residence. But if you just go visit Guam for a week, that won't affect where your residence is located.

It's important that you continuously maintain your residence inside the US, regardless of where you visit.

You may want to consult with an attorney.

[warlord 73]

Why even both to go to Guam for a week? It would serve no purpose as the INS will clearly know you are trying to skirt the rules of continous residency. They will know you were not residing in Guam for a week, the INS is very aware about this trick. Many people have tried that tatic and been caught. If you are going for 8-9 months (trip for a week or two or not) be prepared to have hard core proof and evidence that you did not abandon your Green Card during this trip. Your clock will reset, however and you would have to re-apply 4 yrs less a day (I think is the rule) from when you return.

Most cases you won't lose your Green Card, but there are many cases that have had abandonment of the Green Card come up for trips under a year (found out you were working overseas etc).

To maintain US residency during this time you simply can't have trips outside the alloted timeframe and must be present in the US for the requirements. You would be better off, leaving on your trip for say 4 months, come back to the US for 2-3 months and then leave again for another 4 months.