Study abroad

[warlord 73]

What do you mean ? Pitch that 3 year plan,

if I wait until im done with my masters in that case I will be out of the country for 1 year but I will be flying back in the us every 3 to 4 month., I will be out of the country for a long period of time so my questions is: will they subtract all of the time spent out of the country from the 3 years LPR? if they do subtract all of the days I spent out of the county, I won't be eligible for naturalization right?

so if I apply in december, and do my interview in february or march, I will have to declare that I was out of the country from October to december then from january to march right? I can even probably say that I was on Vacation but will they subtract 3 years - 3 months -3 month?

Thank you sorry for my english and asking too many questions.

What is the point coming back to the US every 3 or 4 months? That is meaningless since you won't be residing in the US, but staying abroad. Any IO will know you are just trying to attempt to cheat the loose 6 month residency issue. However, the 6 months stay outside the US is not as simple as coming back before 6 months is up. An IO can determine you broke residency if you are out even 2 months and they feel and can prove you no longer reside in the US. Other people have stayed out 9 months and have been able to keep their residency status by proving they are in fact residing in the US, maintaining their home, bills etc.

Is your wife going to be with you overseas? Or will she be still living here in the US? You will need to still have a home here and show you are still paying bills here to prove to the IO that you are maintaining US residency. If you do not, then coming back every 3-4 months for a 'visit' is useless...

[love2win 1]

My wife and my kids are staying in the US and I will be on the lease of the apartment and I will have all of the utilities on my name, basically showing that I'm residing in the US. Since I will be out of the country only for 3 to 4 months I could just say that I'm going on vacation to the UK or that I'm volunteering somewhere etc... September to December I was on vacation and I'm coming back for the winter break, then leave after the bio and 2 to 3 months later come back for interview. Permanent Residents can take vacations right? or you think that won't fly?

Thank you

[Kathryn41 3,205]

It sounds to me like you are maintaining a residency in the US and have no plans to give up your permanent residency status in the US. You do not plan to be out of the US for more than 6 months in any one chunk of time - which would reset the clock - and from the sounds of it you would not be out of the country for more than 18 months over the 3 years qualifying for citizenship - which is the physical presence requirement nor have you been out of the US for 6 months or longer at any one time - which is the continuous residency requirement. You are going overseas to study, not to live, and you are maintaining all of your ties and residency and responsibilities in the US as well as have the full intent to return to the US after you receive your degree.

From what I see you should be alright. You will probably find it a good idea to read over the Guide to Naturalization published by USCIS, http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4df39ddf801b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=4df39ddf801b3210VgnVCM100000b92ca60aRCRD and specifically look at their Eligibility Worksheet http://www.uscis.gov/files/article/attachments.pdf which provide very detailed directions and instructions about what qualifications you need to satisfy in order to be eligible for citizenship.

Definitely DO NOT say you are vacationing outside of the US. It is a lie and there is absolutely no reason not to tell the truth - that you are studying for a Master's Degree that has in class requirements at the University in London, that you are maintaining your ties to the US and have absolutely no intention of giving up residency and when your education is completed you will be returning to the US. Lying is the last thing you want to do with USCIS as misrepresentation has very serious consequences - including stripping you of your Permanent Residence status.

[warlord 73]

My wife and my kids are staying in the US and I will be on the lease of the apartment and I will have all of the utilities on my name, basically showing that I'm residing in the US. Since I will be out of the country only for 3 to 4 months I could just say that I'm going on vacation to the UK or that I'm volunteering somewhere etc... September to December I was on vacation and I'm coming back for the winter break, then leave after the bio and 2 to 3 months later come back for interview. Permanent Residents can take vacations right? or you think that won't fly?

Thank you

Well looks like you have the residency covered then for now which is good. Not sure about working on the internship will go with the IO, but might not be an issue as it's for school, you're demonstrating you're coming back, still have the family here and so on. Of course it's always going to be up to the IO and what they think of the situation so there's no clear way to say everything will work out perfectly. But yes you never ever want to lie as that will be a sure way to get you denied and possibly worse. Plus it would look even worse with your family all here and you are 'on vacation' for long periods of time with minimal time back in the US. So just tell them the truth about the internship etc...

[love2win 1]

Thank you all for your advice

I didn't know that 18 months was the physical presence requirement. So if that's the case, I will not be out of the country for that long. What I was scared about was that all the months spent out of country will be subtracted from the 3 years requirement so if it doesn't everything should be fine. Again you are right Warlord, it will depend on the IO, but if haven't been out of the country fro more than 6 months, and haven't broken the physical presence requirement, they shouldn't be posing problems.

They will probably ask me why am I in rush, then I won't know what good argument to say "I just want to be a USC????" LOL that will be straight denial. Or they will probably deny it, saying that I will have to reply when I come back, then I will loose my application fees, flight tickets... SMH...

How about the living 3 months around a USCIS district?

Thank you again!!!

Edited October 11, 2010 by love2win