don know

[nickymicky 58]

Hello ,

I became permanent resident ( Green Card) on 01/27/2013

 

and here is the thing

 

# I left US on July24th, 2015 and came back on July 4th 2016=346 days

# Left USA July 10 , 2016 and arrived in US on August 9th 2016= 30days

# Left USA 31 December 2017 and arrived US on Jan 19th 2018= 20 days

 

Filling out online application but got this message please help..

can I continue to fill the application online and get my citizenship or not

 

 

Your travel history

You may not meet the continuous residence requirement

 

If you left the United States for more than 6 months but less than a year, you may have broken your continuous residence unless you can prove that you did not abandon your residence in the United States.

You can continue filling out your application and submit it, and we will contact you if we have any questions or need additional information.

 

Total days outside of the U.S. during the last 5 years: 393

[Khallaf 650]

2 minutes ago, nickymicky said:

Hello ,

I became permanent resident ( Green Card) on 01/27/2013

 

and here is the thing

 

# I left US on July24th, 2015 and came back on July 4th 2016=346 days

# Left USA July 10 , 2016 and arrived in US on August 9th 2016= 30days

# Left USA 31 December 2017 and arrived US on Jan 19th 2018= 20 days

 

Filling out online application but got this message please help..

can I continue to fill the application online and get my citizenship or not

 

 

Your travel history

You may not meet the continuous residence requirement

 

If you left the United States for more than 6 months but less than a year, you may have broken your continuous residence unless you can prove that you did not abandon your residence in the United States.

You can continue filling out your application and submit it, and we will contact you if we have any questions or need additional information.

 

Total days outside of the U.S. during the last 5 years: 393

that depends on the reason why you stayed outside of the US on your first time for almost 1 year

[jkstark 97]

Tough one...  Check here for some information:  https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

As mentioned, the reason why you were gone is an important one, and if the question is borderline, I would probably recommend talking to a lawyer first...

[nickymicky 58]

my wife was still back in the US and during my absence she filled tax as married filling jointly. I went to visit my family and friends.

 

[jkstark 97]

I should also mention the 3 month rule - ie prior to the submission of the application, you must have resided for at least 3 months in the jurisdiction of the office that is responsible for your application...

[jkstark 97]

Continuous residency rules:  https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[nickymicky 58]

yes I am living in the same address for last 3 yrs.

[Ben&Zian 4,398]

Almost a year is a long time to visit "family and friends".... then you said you left again for 30 days just some 6-7 days after getting back from being gone almost a year.... 

[jkstark 97]

On the face of it, you would fit into a category where the long visit is not necessarily a break in continuous residency, but you can be certain that you will be grilled on it heavily, and that you will need very good evidence indicating that you had not abandoned your residency here.  I would *strongly* encourage you to speak to an immigration lawyer in this case...

[nickymicky 58]

and my wife was still here in the US when I was gone. still filled Taxes to IRS as married filling jointly.

 

any one has clear idea about what to do

[cyclone27 710]

Apply after 4th July 2019 - you basically weren’t living here for a year.

[jkstark 97]

Are you filing on a 3 or 5 year basis - ie. is your wife a USC?  If filing under a 3 year basis, your continuous residence will probably have a better balance of in-country vs. out-of-country, but at the same time, your long absence will cause questions about your relationship.

 

Whichever way you go, being out of the country for more than 6 months at a time, or for a long period in total will cause lots of questions about your intentions, and basis for your LPR status, which will carry over to your naturalization process.  Be prepared to be questioned heavily on those, and don't rely on non-professional advice only.  You are currently in a gray area from what I can tell as to meeting the requirements, so it is absolutely best to speak to a professional, or wait until you have a longer period of residency.

[Khallaf 650]

25 minutes ago, nickymicky said:

and my wife was still here in the US when I was gone. still filled Taxes to IRS as married filling jointly.

 

any one has clear idea about what to do

as sated above best to seek advice from an immigration attorney, or wait to file until 2019 without leaving the US again if it can be avoided.

[bsp 32]

55 minutes ago, nickymicky said:

and my wife was still here in the US when I was gone. still filled Taxes to IRS as married filling jointly.

 

any one has clear idea about what to do

The fact that your wife remained doesn't really matter (although filing taxes helps), as it's YOUR physical presence they're looking at and nearly a year away will certainly raise some flags (did your wife visit and spend time with you while you were out of the US?).  People will often get a re-entry permit to signal the temporary nature of their intentions for this very reason.    No one here will be able to give you a clear answer as it's at the discretion of USCIS, but you should expect to be questioned about it and if you don't have a good answer then it may be best to let sleeping dogs lie until you clearly satisfy the requirements.

Edited February 21, 2018 by bsp

[nickymicky 58]

52 minutes ago, jkstark said:

Are you filing on a 3 or 5 year basis - ie. is your wife a USC?  If filing under a 3 year basis, your continuous residence will probably have a better balance of in-country vs. out-of-country, but at the same time, your long absence will cause questions about your relationship.

 

Whichever way you go, being out of the country for more than 6 months at a time, or for a long period in total will cause lots of questions about your intentions, and basis for your LPR status, which will carry over to your naturalization process.  Be prepared to be questioned heavily on those, and don't rely on non-professional advice only.  You are currently in a gray area from what I can tell as to meeting the requirements, so it is absolutely best to speak to a professional, or wait until you have a longer period of residency.

filing under 5 year basis