Continuous residency question

[SusieQQQ 11,586]

It’s a while away but I want to be prepared so... a question here. It’s kind of a simple question but with a long description- giving  full background to try get complete answer first off.... because I’ve seen how threads go on VJ with brief incomplete original posts

 

we got our green cards through the diversity visa program. As is typical of DV (where everything generally happens much faster than other cases) we entered the US to activate our immigrant visas, and planned to return within 6 months for good. Stuff happened (elderly in-law parents taking a significant turn for the worse, needing to change their living and care arrangements etc) which kept us out longer than planned. I managed to make a trip back to the US before 6 months was up, but it was just for a week (but I did things like open bank accounts etc ahead of final move). In the meanwhile, we kept working back in home country. Made the final move over eventually another 5 months later.  Since then we have been totally properly resident in the US - vacations abroad yes but not more than 3-4 weeks per year. So the last 4 years of the 5-year period are absolutely no issue, but I’m worried about the first year re filling N400. I know I haven’t violated the presumption of breaking continuous residences by keeping my absence to less than 6 months in the first year, but I’m not sure what to put down when they ask for addresses to be listed. My father lives in the US and his address was used for all official correspondence etc during that year, but at the same time our tax returns to the irs for that year obviously declare the income from home country so it’s also obvious we weren’t actually living at the US address. So the basic simple question is: what do we put down? Our US address or our home country address? Is the former misrepresentation? If the latter will they deny the N400? I’d be inclined to just wait another 6-12 months to get that dilemma out the way, but the “rush” is that we have a child turning 18 during that time and the earlier date will get her citizenship automatically when we get ours vs having to pay and go through the hassle of a whole separate application for her. (Of course if the N400 is denied that would happen anyway.) 

 

insights welcome and thanks for your patience in reading all the above

[JoeSchmoe2017 92]

I don’t understand why you would be interested in becoming a citizen if you don’t spent the required time in this country.  You are also referring to your “home country” to a country other than the US. If you want to be a naturalized citizen, then the US is your home country. Fulfill the USCIS N-400 requirements before applying.  Good luck. 

 

• Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400. 

• Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. 

Edited November 14, 2017 by JoeSchmoe2017

[GoBig 25]

simple question. Do you follow 5-year residency rule or not ? if YES, then just simply add up all the days that you stay in the U.S. since your green card issued.  The address is not an issue,just try to be honest,no hiding ,then you are good to go

[SusieQQQ 11,586]

1 hour ago, JoeSchmoe2017 said:

I don’t understand why you would be interested in becoming a citizen if you don’t spent the required time in this country.  You are also referring to your “home country” to a country other than the US. If you want to be a naturalized citizen, then the US is your home country. Fulfill the USCIS N-400 requirements before applying.  Good luck. 

 

• Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400. 

• Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. 

I’ve technically done that, if you bothered to read what I actually wrote. The second part is closer to 45 than 30 months, by the way. And the last 4 years average 10-11 months a year in the US, hardly not living here.

 

also definitions for your edification:

 

home country (plural home countries)

1. the country in which a person was born and usually raised, regardless of the present country of residence and citizenship

 

 

 

20 minutes ago, GoBig said:

simple question. Do you follow 5-year residency rule or not ? if YES, then just simply add up all the days that you stay in the U.S. since your green card issued.  The address is not an issue,just try to be honest,no hiding ,then you are good to go

So as simple as that? Thank you. There is absoluteiy no problem showing it if it is just looking at total days in.

Edited November 14, 2017 by SusieQQQ

[GoBig 25]

when filing the form, it does ask you all the different places in the US. in the last five years(A) where you claimed as resident, no matter it's a rental house/apartment or friend's places or parents places. but this doesnt mean you have to physically live in that places. You are still able to travel abroad for a certain amount of time (B) Then, A( 5 yeasr)- B = ?  to see if you meet the eligibility and when you are good to file application. 

[Concernedresident 0]

On 11/14/2017 at 8:21 AM, SusieQQQ said:

It’s a while away but I want to be prepared so... a question here. It’s kind of a simple question but with a long description- giving  full background to try get complete answer first off.... because I’ve seen how threads go on VJ with brief incomplete original posts

 

we got our green cards through the diversity visa program. As is typical of DV (where everything generally happens much faster than other cases) we entered the US to activate our immigrant visas, and planned to return within 6 months for good. Stuff happened (elderly in-law parents taking a significant turn for the worse, needing to change their living and care arrangements etc) which kept us out longer than planned. I managed to make a trip back to the US before 6 months was up, but it was just for a week (but I did things like open bank accounts etc ahead of final move). In the meanwhile, we kept working back in home country. Made the final move over eventually another 5 months later.  Since then we have been totally properly resident in the US - vacations abroad yes but not more than 3-4 weeks per year. So the last 4 years of the 5-year period are absolutely no issue, but I’m worried about the first year re filling N400. I know I haven’t violated the presumption of breaking continuous residences by keeping my absence to less than 6 months in the first year, but I’m not sure what to put down when they ask for addresses to be listed. My father lives in the US and his address was used for all official correspondence etc during that year, but at the same time our tax returns to the irs for that year obviously declare the income from home country so it’s also obvious we weren’t actually living at the US address. So the basic simple question is: what do we put down? Our US address or our home country address? Is the former misrepresentation? If the latter will they deny the N400? I’d be inclined to just wait another 6-12 months to get that dilemma out the way, but the “rush” is that we have a child turning 18 during that time and the earlier date will get her citizenship automatically when we get ours vs having to pay and go through the hassle of a whole separate application for her. (Of course if the N400 is denied that would happen anyway.) 

 

insights welcome and thanks for your patience in reading all the above

I totally understand your situation. I am almost in the same situation and am thinking of filing under the 3 year rule (Marriage to US citizen)

 

I received my green card on 03/15/15. I took a trip outside the US 2 months later, which lasted for 175 days. Out of these 175 days I spent 25 days in one country and the rest (150 days) in my home country to visit family. I came to the US in November and stayed for 15 days and left again with the intention of coming back the next month but couldn’t because of a family emergency (medical). So this trip lasted around 160 days. I finally came back on 05/01/16 and have been in the USA since then. I will be eligible to apply next month. Just wanted an opinion if my two successive trips broke continuous residence?

 

I was living at my relatives at that time so I dont have rent payments or a car lease etc. I have my bank account to show, and a letter from my relatives stating i had full access to the residence. I had no employment in this time frame as well, neither in the US or abroad. I have my employment termination letter from my home country dated 03/01/15.

 

Now that i have described my situation, SusieQQQ, from what I have read you might have a problem. The problem is that you retained your employment abroad and when they will see this they might consider that as you resising in your home country rather than the US. Just my thoughts after reading about this ALOT!

 

P.S. Thank you for clarifying to others about the meaning of Home Country (What else would one call the country they were raised up in! )