How NOT to abandon your residency

[gigant 0]

Hi,

I am a GC holder and I want to take time off and do some travel for 2 or 3 months;

I am separated from my wife (USC) and I look forward to apply for citizenship

next year;

In terms of CONTINUOUS RESIDENCY have read in the USCIS site that CIS will consider ALSO periods below 6 months:

If you are out the country for ex 5 months and they ASSUME you abandoned

your residency they will not approve your CITIZENSHIP;

Has anyone some advice in terms of keeping your residency when you travel for an extended time?

What documents will be considered in terms of keeping your residency?:

phone bills, loans (i dont have any)

Pls advice, I dont want to take chances to lose my GC;

thank you

[johndecka 0]

Hi,

I am a GC holder and I want to take time off and do some travel for 2 or 3 months;

I am separated from my wife (USC) and I look forward to apply for citizenship

next year;

In terms of CONTINUOUS RESIDENCY have read in the USCIS site that CIS will consider ALSO periods below 6 months:

If you are out the country for ex 5 months and they ASSUME you abandoned

your residency they will not approve your CITIZENSHIP;

Has anyone some advice in terms of keeping your residency when you travel for an extended time?

What documents will be considered in terms of keeping your residency?:

phone bills, loans (i dont have any)

Pls advice, I dont want to take chances to lose my GC;

thank you

2-3 months outside of usa will not affect ur qualifying to become citizen.

[Cuchita 1]

Also remember you can apply 90 days before the 5 or 3 years of residence!

[mooninlove 1]

You can apply for reentry permit if you're staying outside the US for a long period of time.

[Chica Yeyé 41]

Also remember you can apply 90 days before the 5 or 3 years of residence!

If he is not married to the USC petitioner; he needs to wait until the 5 year mark to apply for citizenship.

But you can totally travel for 2-3 months, no worries.

[lucyrich 20]

From the "now that you are a permanent resident" page on the USCIS site:

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

Note that I've bolded the section that says you can abandon your residence in any length of absence. There's no fixed time limit below which you're absolutely safe. But practically speaking, it would be hard to abandon your residence in two or three months. You'd pretty much have to fail to file taxes, or tell the POE officer something like, "I have been setting up my new household abroad" when he asked what the purpose of your trip was.

For a trip of less than six months, they'll generally assume you didn't abandon status unless some evidence comes up that indicates you DID abandon status. So don't worry about a two or three month trip. But remember to file your taxes when due.