Time Outside the U.S. and N-400 Timeline?

[freetv 7]

Are trips over six months but under a year really that risky? I understand that you can overcome it with tax returns and rental payments, but considering the fact that my official residence has been at my parents house since July and I don't pay them rent that is impossible. (we will still be able to prove the 18+ months in the u.s. and have been married for nearly 4 years)

We Have been overseas since early Sept and are fast approaching the six month mark. Is it really necessary for us to go back to the u.s. in March (to make the trip just under six months) instead of our original August return date? I know it would be safer, but we would need to find jobs and then simple quit them when we attend UCLA's grad school in August.

Finally, if we were to apply for citz in March and it went to the L.A. field office, what kind of a timeline would we be looking at?

[FLBOY 0]

Are trips over six months but under a year really that risky? I understand that you can overcome it with tax returns and rental payments, but considering the fact that my official residence has been at my parents house since July and I don't pay them rent that is impossible. (we will still be able to prove the 18+ months in the u.s. and have been married for nearly 4 years)

We Have been overseas since early Sept and are fast approaching the six month mark. Is it really necessary for us to go back to the u.s. in March (to make the trip just under six months) instead of our original August return date? I know it would be safer, but we would need to find jobs and then simple quit them when we attend UCLA's grad school in August.

Finally, if we were to apply for citz in March and it went to the L.A. field office, what kind of a timeline would we be looking at?

You are gambling if you are staying outside the US for that long and ignoring the 6 months rule...they make the rules in this game, you have to decide whats more important for you...

[warlord 73]

All trips or time outside can be risky depending on the nature. 6 months means nothing. It just means that before 6 months if an IO wants to claim you broke residency (to either deny the GC or put someone in deportation proceedings) they need to be the one to show the proof that you didn't maintain the rules of the GC. After 6 months, you are the one responsible for proving to them you did not abandon your GC or not maintain residency.

Remember you can lose your GC for residing outside of the US and not having any ties to the US, even if you've only been gone for a few months. It is all dependent on the nature of your time outside. Living, working for a non-US company, not having any home etc in the US, is grounds for not being able to show proof of intent to maintain US residency.

Now if you have maintained residency in the US and are planning on coming back and you have enough evidence to prove to the IO that you have indeed maintained your residency and intent. Then there is no need to come back before 6 months. It just makes it easier for you that's all. But if you have enough evidence then you are fine.

Just remember not to stay out past 12 months unless you have a re-entry visa (which won't protect you against resetting your timeline)...

[Gary and Alla 3,694]

Are trips over six months but under a year really that risky? I understand that you can overcome it with tax returns and rental payments, but considering the fact that my official residence has been at my parents house since July and I don't pay them rent that is impossible. (we will still be able to prove the 18+ months in the u.s. and have been married for nearly 4 years)

We Have been overseas since early Sept and are fast approaching the six month mark. Is it really necessary for us to go back to the u.s. in March (to make the trip just under six months) instead of our original August return date? I know it would be safer, but we would need to find jobs and then simple quit them when we attend UCLA's grad school in August.

Finally, if we were to apply for citz in March and it went to the L.A. field office, what kind of a timeline would we be looking at?

They can be excused if you maintained residency AND had a valid reason. WORK i snot a vaid reason and may even risk the loss of the Permanent Resident Status. I know for a fact education is a valid reason. Not sure about others.

[mozplay 29]

Just keep in mind that there have been a number of posts recently where people went to their interview and their application could not be approved yet because further investigation had to be made into time spent out of the country. IF you decide to stay out of the country for longer than the 6 months (remembering that you must be here for at LEAST the minimum amount of time required) THEN you should expect delays at your interview and not be too disappointed. Me? I wouldn't risk it. After going through all of this over the past years to get to this point, I'd just come back to ensure that there is no ambiguity with my case.

[Darnell 8,478]

I say send your wife back to the USA sometime next week, for 3 weeks.

Good Luck !

[FLBOY 0]

All trips or time outside can be risky depending on the nature. 6 months means nothing. It just means that before 6 months if an IO wants to claim you broke residency (to either deny the GC or put someone in deportation proceedings) they need to be the one to show the proof that you didn't maintain the rules of the GC. After 6 months, you are the one responsible for proving to them you did not abandon your GC or not maintain residency.

Remember you can lose your GC for residing outside of the US and not having any ties to the US, even if you've only been gone for a few months. It is all dependent on the nature of your time outside. Living, working for a non-US company, not having any home etc in the US, is grounds for not being able to show proof of intent to maintain US residency.

Now if you have maintained residency in the US and are planning on coming back and you have enough evidence to prove to the IO that you have indeed maintained your residency and intent. Then there is no need to come back before 6 months. It just makes it easier for you that's all. But if you have enough evidence then you are fine.

Just remember not to stay out past 12 months unless you have a re-entry visa (which won't protect you against resetting your timeline)...

"6 months mean nothing" - thats is definitely incorrect. It makes a big difference...and it does not matter if you still have an apartment, car and your gym membership in the US, outside more than 6 months will most likely result in denying your application. (Source: US CIS Officer)

[warlord 73]

"6 months mean nothing" - thats is definitely incorrect. It makes a big difference...and it does not matter if you still have an apartment, car and your gym membership in the US, outside more than 6 months will most likely result in denying your application. (Source: US CIS Officer)

Which is untrue. Many people have been fine being away for more than 6 months. The reason is they were able to prove residency ties and that the nature of the trip outside the US was not meant to be permanent. However, people have been denied or even had their GC abandoned for not maintaining US residency for under 6 months if found and proven by the IO they were actually living and now working for a non-US company outside the US.

Again, 6 months just means the shift in proof. If you have enough proof to convince the IO after 6 months you have maintained residency, then you are fine. This is quite common actually.

People need to realize that the 6 months this is not a simple hard coded rule. It varies according to many variables, not just a simple 6 month deadline.

Now after a year, then you will be almost in all cases denied and most likely have your GC revoked unless you previously had a re-entry permit (and even that won't guarantee you will be safe)...

Edited February 6, 2013 by warlord