don know

[nickymicky 58]

  On 2/21/2018 at 7:23 PM, bsp said:

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.

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wife remain in the US while I was out

[jkstark 97]

From the page mentioned earlier:  (https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html)

 

  Quote

 

Mere possession of a PRC for the period of time required for continuous residence does not in itself establish the applicant’s continuous residence for naturalization purposes. The applicant must demonstrate actual maintenance of his or her principal dwelling place, without regard to intent, in the United States through testimony and documentation.

 

For example, a “commuter alien” may have held and used a PRC ^[30] for seven years, but would not be eligible for naturalization until he or she had actually taken up permanent residence in the United States and maintained such residence for the required statutory period.

 

USCIS will review all of the relevant records to determine whether the applicant has met the required period of continuous residence. The applicant's testimony will also be considered to determine whether the applicant met the required period of continuous residence.

 

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The tough part is defining permanent residence, and whether you actually qualify.  Anything under 6 months at a time is generally OK, and anything over 1 years is generally determined to be a break in continuous residence, along with a potential loss of LPR status.  For instance, being away for over 1 year requires you to have a re-entry permit, as opposed to just your GC.

 

As I said, this is just ambiguous enough that it would be best to speak to a lawyer...

[nickymicky 58]

when I will be able to apply again without talking to an attorney?

[Khallaf 650]

  On 2/21/2018 at 7:49 PM, nickymicky said:

when I will be able to apply again without talking to an attorney?

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July 4th 2019

[Andrea&Henry 311]

  On 2/22/2018 at 1:53 AM, Khallaf said:

July 4th 2019

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I second this, 

 

My neighbor was out for 289 days and she was stopped at the POE and the immigration officer told her she was at risk of losing her green card because after 6 months, it is considered abandonment. Good thing she had a good reason (her widowed dad was diagnose with terminal cancer, and she is an only child....she went to her home country to take care of her dad while he passed away). Even though she could prove it, by the time she was able to applied they (USCIS) told her, her 5 years "clock" rewinded due to her almost a year absent. She had to wait almost 2 years to apply for citizenship, so she could avoid the backlash.

 

 

[.yana 599]

Your wife staying in the country for almost 1 year while you were visiting “family & friends” screams sham marriage. 

[Going through 5,671]

Strongly recommend you don't apply for the N400 for at least another year and a half.

 

And no more trips abroad before then.

[bad4tatt 168]

  On 2/21/2018 at 6:25 PM, Ben&Zian said:

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.... 

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My thought exactly. If my husband left the country for that long to visit friends and family, we certainly wouldn't be married any longer.

[CheeseMonstah 87]

  On 2/21/2018 at 6:16 PM, 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

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You left your wife to spend a YEAR visiting family and friends, and then a week after returning you leave again for a month?????

 

In what world is this a normal thing?

[Prystine 184]

  On 2/22/2018 at 7:18 AM, Going through said:

Strongly recommend you don't apply for the N400 for at least another year and a half.

 

And no more trips abroad before then.

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OP, I agree with Going through. I would add that you NOT take any trips not just before then but during the filing time as I have seen USCIS count time out of country after the filing of the application against the physical residency requirements.

 

Also, no matter how many times you say it, your wife staying in the US has no bearing on your own physical presence and residency requirements so please stop referring to that as meeting this requirement.

[bsp 32]

While I agree that a year away from his wife doesn't look good, people should be careful not to jump to conclusions too fast until the OP clarifies why they spent so long out of the US.  The timing of his longest absence coincides with the earthquake relief efforts in Nepal (assuming that is where he went) so it's possible that he had legitimate reasons for going home and he and his wife may have determined that it wasn't safe for her to travel with him.  USCIS would be far more understanding of a situation like that than they would a simple "I was just visiting my family and friends."

[nickymicky 58]

  On 2/22/2018 at 5:58 PM, bsp said:

While I agree that a year away from his wife doesn't look good, people should be careful not to jump to conclusions too fast until the OP clarifies why they spent so long out of the US.  The timing of his longest absence coincides with the earthquake relief efforts in Nepal (assuming that is where he went) so it's possible that he had legitimate reasons for going home and he and his wife may have determined that it wasn't safe for her to travel with him.  USCIS would be far more understanding of a situation like that than they would a simple "I was just visiting my family and friends."

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Exactly visiting family and friends affected by earthquake and helping them in relief work.

[Mina90 134]

Wait...this thread is confusing.

The OP says he's a green-card holder and that he went to to visit "friends and family" for a year abroad leaving his US wife behind. 

 

But in this thread he says he is divorced, has brought over his parents (how is that possible for a GC holder?), and he's bringing a new wife (assuming this is the "friend/family" he was visiting for a year??) to the US???

 

 

[nickymicky 58]

  On 2/22/2018 at 9:59 PM, Mina90 said:

Wait...this thread is confusing.

The OP says he's a green-card holder and that he went to to visit "friends and family" for a year abroad leaving his US wife behind. 

 

But in this thread he says he is divorced, has brought over his parents (how is that possible for a GC holder?), and he's bringing a new wife (assuming this is the "friend/family" he was visiting for a year??) to the US???

 

 

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citizenship is for my parents... I am finding about them because my dad was gone for almost a year

[Mina90 134]

  On 2/22/2018 at 10:03 PM, nickymicky said:

citizenship is for my parents... I am finding about them because my dad was gone for almost a year

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Okay. Your post was not clear. You worded it as though it was you who is seeking citizenship. 

Regardless, your father will need to wait until next year to be eligible due to breaking continuous residency.