Time out of US when applying for US Citizenship

[Tango777 3]

A friend of ours, who has his green card and is married to a US Citizen, spends about 10 months abroad each year. He is on his 2nd green card I think. So he does come back each year for about 2 months. He is taking care of a family member over there.

 

The wording about residency requirements is a little hard for me to understand. 

 

Continuous Residence and Physical Presence Requirements for Naturalization - https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

If anyone has some clarity on this, I'd appreciate the comments. Somewhere I got the idea that they had to spend at least 6 months a year in the US but I con't know where exactly I read that. 

 

Thank you!

 

 

[Rocio0010 5,579]

1 hour ago, Tango777 said:

A friend of ours, who has his green card and is married to a US Citizen, spends about 10 months abroad each year. He is on his 2nd green card I think. So he does come back each year for about 2 months. He is taking care of a family member over there.

 

The wording about residency requirements is a little hard for me to understand. 

 

Continuous Residence and Physical Presence Requirements for Naturalization - https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

If anyone has some clarity on this, I'd appreciate the comments. Somewhere I got the idea that they had to spend at least 6 months a year in the US but I con't know where exactly I read that. 

 

Thank you!

 

 

Quote from your source: 

“at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months”.

My understanding is that if he’s applying under the 3 year rule, then he needs to have lived in the US for half of that time. I just don’t see how this would be feasible if he only spends two months a year here.

[EmilyW 1,437]

Naturalization is the least of their problems, I would imagine.  

 

[JeanneAdil 6,510]

he doesn't even fit the qualification for living 3 months in the county 

 

 an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing.

 

OR this:

• Have continuous residence and physical presence in the United States;

  25 minutes ago, EmilyW said:

  Naturalization is the least of their problems, I would imagine.  

   

  totally agree

•    If you are outside of the U.S. for more than 180 days (6 months) in a year, you could be regarded as having abandoned your LPR status. ... If the CBP official believes your stay outside of the U.S. was not temporary, they can still conclude that you've abandoned your LPR status.

[Redro 4,611]

Second 10 year green card? Or Second green card because his first was a 2 year GC?

How is he maintaining his residence and proof of bonafide marriage (does the USC spouse travel with him?)

If he is trying to qualify for citizenship based on 3 years married to a USC:

• Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-married-to-a-us-citizen

 

 

[Redro 4,611]

If looking to naturalize based on 5 years of lawful permanent residency: 

• Demonstrate continuous residence in the United States for at least five years immediately before the date you file Form N-400;
• Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400;
• Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence. (If you are a student and are financially dependent on your parents, you may apply for naturalization where you go to school or where your family lives.);
• https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-a-lawful-permanent-resident-of-5-years

[Redro 4,611]

1 hour ago, Tango777 said:

If anyone has some clarity on this, I'd appreciate the comments. Somewhere I got the idea that they had to spend at least 6 months a year in the US but I con't know where exactly I read that. 

5 years is 60 months. So at least half the time should be in the US (30 months- 6 months out of 12). 

3 years is 36 months. So at least half the time should be in the US (18 months). 

But, your friend would want to have more than the required minimum because you never know if the math works out to less than 30/ 18 months. 

[aaron2020 11,651]

2 hours ago, Tango777 said:

A friend of ours, who has his green card and is married to a US Citizen, spends about 10 months abroad each year. He is on his 2nd green card I think. So he does come back each year for about 2 months. He is taking care of a family member over there.

 

The wording about residency requirements is a little hard for me to understand. 

 

Continuous Residence and Physical Presence Requirements for Naturalization - https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

If anyone has some clarity on this, I'd appreciate the comments. Somewhere I got the idea that they had to spend at least 6 months a year in the US but I con't know where exactly I read that. 

 

Thank you!

 

 

Not even close to meeting the Continuous Residence or Physical Presence requirements.

 

Your friend is not even close to qualifying for US citizenship.  By being abroad for 10 months each year, he is putting his green card status at risk.  

[Tango777 3]

Thanks everyone for the good info.  I thought that was the case, at least 6 months, very least. It's a tough situation for him. When someone is in the hospital in some places, an able bodied person has to take care of the hospitalized person (food, care, etc). The hospital does not supply much. 

[Redro 4,611]

1 minute ago, Tango777 said:

Thanks everyone for the good info.  I thought that was the case, at least 6 months, very least. It's a tough situation for him. When someone is in the hospital in some places, an able bodied person has to take care of the hospitalized person (food, care, etc). The hospital does not supply much. 

It's a tough situation but your friend needs to decide what is more important. 

His LPR status in USA or looking after his relative. 

Are there no other relatives to help with the care? 

[EmilyW 1,437]

5 hours ago, Tango777 said:

Thanks everyone for the good info.  I thought that was the case, at least 6 months, very least. It's a tough situation for him. When someone is in the hospital in some places, an able bodied person has to take care of the hospitalized person (food, care, etc). The hospital does not supply much. 

I wouldn't even rely on the 'six month rule', at least not as a repeated pattern.  At this point, your friend is not living in the US.  He is visiting. 

 

And, at some stage, border officials will figure that out and he may be in danger of losing his GC.  He needs to live in the US before thinking about naturalization.

[Tango777 3]

I agree with everyone. I just wanted to be sure I was not mistaking the eligibility. I got his GC renewed and he thought I could do more. I'm not an attorney. 

 

Thanks again all ! VJ helped me big through out K1 back in 2013/14. - Tango 

[Loren Y 2,755]

9 hours ago, Tango777 said:

Thanks everyone for the good info.  I thought that was the case, at least 6 months, very least. It's a tough situation for him. When someone is in the hospital in some places, an able bodied person has to take care of the hospitalized person (food, care, etc). The hospital does not supply much. 

I understand this as I have a Thai wife, and spend/ have spent lots of time in the country, and I understand what you mean when you have to have someone there to care for person in the hospital. It is not like here in the US for example where you have nurses and aids to assist, and it is all included per say in the cost of the care. In the government hospitals in Thailand, you have to have somewhere there to assist with feeding, taking the patient to the bathroom/ shower/ etc. there is no one there to assist. I know you can pay people to do it for you, and it isn't too expensive, but day after day it can add up for sure, and from what you have said it is a long term care type situation. Depending, I know they have some decent nursing home type facilities that can provide all of that if patient doesn't require specialized care for around 10,000-15,000 baht a month. But maybe that could be an option for him/her.

[iwannaplay54 985]

14 hours ago, Tango777 said:

A friend of ours, who has his green card and is married to a US Citizen, spends about 10 months abroad each year. He is on his 2nd green card I think. So he does come back each year for about 2 months. He is taking care of a family member over there.

 

The wording about residency requirements is a little hard for me to understand. 

 

Continuous Residence and Physical Presence Requirements for Naturalization - https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

If anyone has some clarity on this, I'd appreciate the comments. Somewhere I got the idea that they had to spend at least 6 months a year in the US but I con't know where exactly I read that. 

 

Thank you!

 

 

The requirements are pretty clear

[carmel34 3,633]

22 hours ago, Tango777 said:

A friend of ours, who has his green card and is married to a US Citizen, spends about 10 months abroad each year. He is on his 2nd green card I think. So he does come back each year for about 2 months. He is taking care of a family member over there.

Is he working remotely for a US company for those 10 months abroad each year?  Or is he not working at all?  He could most likely earn enough in the US if he lived and worked here to pay for the care of his family member abroad.  My husband is doing this right now, using US earnings to pay for a private nurse, food, physical therapy, to care for his grandmother in Brazil.