when to apply for citizenship

[DK2 0]

 Hello

I hope you're well.

I am trying to figure out when to apply for citizenship. But let me explain first

I got my green card through the lottery in 2018. I stayed in the US for 4 months and then went traveling around and then back to the UK, as that time I lived in London, and had a job there and a partner as well.
In less than 6 months since I had left the US, I came back to the US for vacation and went back to UK. In another less than 6 months I did the same, came to the US for vacation, as I didn't want to lose my green card. Well...at least this is what I thought, that I can't stay out of the US for more than 6 months straight. 
In March 2020, I moved to the USA permanently. 
Next year, in August 2023, it will be 5 years since I got the green card. My questions are: can I apply for citizenship for next year already? Will they count all the days that I was inside the US? Do I have to wait an extra year before I apply, because I was out of US two times for almost 6 months?
And now that I'm reading the requirements for citizenship...did I actually break the rules and abandoned my residency?

Edited July 31, 2022 by DK2

[JeanneAdil 6,579]

how long did u stay outside the US in a given year

 

BTW  US was not suppose to be your designation for a vacation /  u were suppose to reside here

US taxes filed for the work outside the USA?

 

I think if CBP thought u had abondoned residency ,  the officer would not have allowed u back in US

 

the complete facts are not in your post to get the best answer / What is "less than 6  months?"  where those 2 trips within   12 months timeframes

 

how much total time outside the US?

have u read the part of continuous residency?

[mushroomspore 3,044]

1 hour ago, DK2 said:

 Hello

I hope you're well.

I am trying to figure out when to apply for citizenship. But let me explain first

I got my green card through the lottery in 2018. I stayed in the US for 4 months and then went traveling around and then back to the UK, as that time I lived in London, and had a job there and a partner as well.
In less than 6 months since I had left the US, I came back to the US for vacation and went back to UK. In another less than 6 months I did the same, came to the US for vacation, as I didn't want to lose my green card. Well...at least this is what I thought, that I can't stay out of the US for more than 6 months straight. 
In March 2020, I moved to the USA permanently. 
Next year, in August 2023, it will be 5 years since I got the green card. My questions are: can I apply for citizenship for next year already? Will they count all the days that I was inside the US? Do I have to wait an extra year before I apply, because I was out of US two times for almost 6 months?
And now that I'm reading the requirements for citizenship...did I actually break the rules and abandoned my residency?

You need to provide exact dates. Vague info doesn't help as citizenship does have specific numbers in terms of days inside and outside the US. You didn't abandon residency if you were let back in by CBP but you may not fulfil thr continuous residency AND physical presence requirements for citizenship.

Edited July 31, 2022 by mushroomspore

[Chancy 6,242]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[DK2 0]

1 hour ago, JeanneAdil said:

how long did u stay outside the US in a given year

 

BTW  US was not suppose to be your designation for a vacation /  u were suppose to reside here

US taxes filed for the work outside the USA?

 

I think if CBP thought u had abondoned residency ,  the officer would not have allowed u back in US

 

the complete facts are not in your post to get the best answer / What is "less than 6  months?"  where those 2 trips within   12 months timeframes

 

how much total time outside the US?

have u read the part of continuous residency?

I was out 2 times, less than 6 months. probably whis is whole year in 1 year, with couple of weeks gap back in between.

 

taxes filled in UK, but I'm planning to fill us taxes for that year as well.

 

These trips were made in 13 or 14 months. i have to check for exact dates.

 

Part for continuous residency says:

Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:^[9]

• The applicant is absent from the United States for more than 6 months but less than 1 year; or

• The applicant is absent from the United States for 1 year or more

but what means more than 6 months, less than 1 year in this case? 

Is this f.e. if you take a trip, and don't stay out for more than 6 months. So you come back for couple of weeks and you go for another trip for less than 6 months. That's less than 6 months and less than 1 year, right?

 

But in case someone has money and it's travelling around, can that be a reason to being absent from US? 

Or maybe working on job relocation? 

Or there is no reason that can justify that gap in between?

 

Edited July 31, 2022 by DK2

[DK2 0]

1 hour ago, mushroomspore said:

You need to provide exact dates. Vague info doesn't help as citizenship does have specific numbers in terms of days inside and outside the US. You didn't abandon residency if you were let back in by CBP but you may not fulfil thr continuous residency AND physical presence requirements for citizenship.

got it. so they will actually count that I was inside the us for 5 years.

Then it's probably better to wait for 1-2 more years before applying, or?

[mushroomspore 3,044]

22 minutes ago, DK2 said:

got it. so they will actually count that I was inside the us for 5 years.

Then it's probably better to wait for 1-2 more years before applying, or?

Again, without exact dates and the numbers of days in vs days out of the US, it is hard to advise. Continuous residence and physical presence are technically 2 different things and you need to fulfill both for N400. Link right here for info: https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

Edited July 31, 2022 by mushroomspore

[Lil bear 4,256]

23 minutes ago, DK2 said:

got it. so they will actually count that I was inside the us for 5 years.

Then it's probably better to wait for 1-2 more years before applying, or?

If you wait for 5 years from when you made the  2020 arrival into the US, your travel history should be ok .. but please read the requirements for applying for citizenship.. physical presence and continuous residency .. understand those and you will be able answer your concerns  

Edited July 31, 2022 by Lil bear

[JeanneAdil 6,579]

you required as a LPR of the US to file US taxes 

do that ASAP 

your foreign income will qualify for tax exempt status by filling form 2555 (amount of exculsion is determined each year so you need that info)

[kzielu 1,149]

5 hours ago, DK2 said:

taxes filled in UK, but I'm planning to fill us taxes for that year as well.

 

 

As a resident you have to file with IRS _always_ (unless you're below the threshold that requires you to). It could be used as a proof of not maintaining residency - start thinking about backfiling those - or check form N400 which asks you if you ever not filed (this question should give you some clue that it is important to do so).

Edited July 31, 2022 by kzielu