Less than 180 days in a year

[LunaSky 7]

Hello gurus,

I've got a quick question, hope someone can clarify it....

I've been a LPR for almost a year.

- I work as a flight attendant in the UK,
- On my days off (from flying) I go home to      the US,
- When in the US I have a part-time job,

-  I pay taxes, I have credit cards and bills
under my name,
- We file our taxes as a couple,
-  I'm on his work healthcare package,
- The house in our name (husband's and mine) (no mortgage though)
- Only thing worrying me right now, is that I won't reach the 180 days in the country... I will probably reach 150/160 days

- My GC is a 10yr card

Will this be a problem in the future if I decide to apply for citizenship?

 

Many thanks 🙏🙏🙏

[Boiler 45,735]

It will delay until you can apply.

[Family 4,065]

You need to apply under 5 year rule and count 913 days of physical presence. Don’t apply under the 3 year rule because you risk not meeting the under the same roof test of marital union and USCIS often uses the very limited interpretation of sleeping under same roof.
 

https://fam.state.gov/fam/09FAM/09FAM020102.html

[Mike E 11,741]

55 minutes ago, LunaSky said:

Only thing worrying me right now,

That shouldn’t be your only worry. You are not spending enough time in USA to retain your green card. You need to be spending more days in U.S. than outside. You need to be spending at least 366/2 + 1 = 184 days 

55 minutes ago, LunaSky said:

is that I won't reach the 180 days in the country... I will probably reach 150/160 days

And 180 days isn’t enough.  

 

Inevitably, a CBP officer is going to do some math and give you a warning.  If you then leave the USA without correcting the ratio, you run risk of a notice to appear on your next return.  

 

55 minutes ago, LunaSky said:

- My GC is a 10yr card

Will this be a problem in the future if I decide to apply for citizenship?

Yes.  See:

 

https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/

 

In the above, the applicant for citizenship averaged over 205 days per year in the U.S., and that still wasn’t enough to naturalize without providing additional evidence. 
 

Regardless, to naturalize you need to be spending the majority of your time in the USA in the 5 years prior to filing N-400, to the actual interview, and to the oath.  Assuming a 5 year period with just one leap year, you need: (4 * 365 + 366) / 2 = 913 days of physical presence. Instead you are tending to 5 * 150 = 750 days.  You are coming up way short and I’ve never heard of this being waived in your situation. 
 

At the very least you should file I-131 the next time you are in USA  to get a Re-entry permit.  This will protect you from a finding of an abandonment of LPR status.  You don’t have to wait for permit to arrive before you depart. The act of applying for one provides evidence in your favor in the event CBP declares you have abandoned status. 
 

This will give you some breathing time while you decide what to do about your  LPR status vs your job.  
 

 

[Boiler 45,735]

I have my doubts that there will be an issure retaining LPR status.

 

But assuming LPR status is not jepodized that certainly does not equate to meeting the requirements for Citizenship.

 

You have the 90 day requirement just to start.

[Family 4,065]

15 minutes ago, Family said:

You need to apply under 5 year rule and count 913 days of physical presence. Don’t apply under the 3 year rule because you risk not meeting the under the same roof test of marital union and USCIS often uses the very limited interpretation of sleeping under same roof.
 

https://fam.state.gov/fam/09FAM/09FAM020102.html

Prior FAM link attached in error 

Here’s the physical presence info https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-4

[LunaSky 7]

Thanks guys.....

Good to know where I stand..... 

I do enter the US every month and sometimes I get asked and I explain that I'm a flight attendant and they let me tru....

 

But interesting to know that instead of 3 it should be 5 yrs....

 

Once more many thanks 

[Family 4,065]

1 hour ago, LunaSky said:

But interesting to know that instead of 3 it should be 5 yrs....

There is no risk to your LPR status, given the work related absences and if you are up to a good challenge.. and willing to part w filing fee ..you can try under the 3 year rule as soon as you can count enough days to satisfy 1/2 of 3..

Then go in packing charm and a little statute research ( plenty available where USCIS lost on its narrow interpretation of marital union)…you may succeed. 
Worth the challenge if you can risk fee..but this is not a popular opinion on this forum 

[LunaSky 7]

Awwwww thank you FAMILY,

Just out of curiosity can u appeal their decision, or submit it via with a lawyer.....

Again is just to have a better grasp when the time comes....

 

Cheers

[EmilyW 1,466]

So you're living and working in the UK, but fly to the US when you get time off? 

 

Is your employer a UK based employer or is it an American based employer?

Edited December 15, 2022 by EmilyW

[LunaSky 7]

4 hours ago, EmilyW said:

So you're living and working in the UK, but fly to the US when you get time off? 

 

Is your employer a UK based employer or is it an American based employer?

Hey

 

I fly for a UK airline ( 20yrs).... now on a part time basis because I commute from the US...

 

When I'm in the US, I have another part-time job.....

 

So I have and UK and US employers 

 

[momo1992 1]

On 12/15/2022 at 9:56 AM, LunaSky said:

Hey

 

I fly for a UK airline ( 20yrs).... now on a part time basis because I commute from the US...

 

When I'm in the US, I have another part-time job.....

 

So I have and UK and US employers 

 

Hello I saw ur post about GC.I wana know if after u enter in U.S after your second weedding anniversary, do u fill I-90 before receive 10 years green card or it's automacic ?

[OldUser 6,983]

21 minutes ago, momo1992 said:

Hello I saw ur post about GC.I wana know if after u enter in U.S after your second weedding anniversary, do u fill I-90 before receive 10 years green card or it's automacic ?

I don't fully understand your question. Please open a new thread.

There's very little automatic in US immigration. If you're outside of the US with immigrant visa in your passport based on marriage to US citizen, you will receive 10 year GC (if married over 2 years when you enter). You just need to pay ELIS fee.

[momo1992 1]

1 minute ago, OldUser said:

I don't fully understand your question. Please open a new thread.

There's very little automatic in US immigration. If you're outside of the US with immigrant visa in your passport based on marriage to US citizen, you will receive 10 year GC (if married over 2 years when you enter). You just need to pay ELIS fee.

Yes I'm married over than 10 years when I enter but at the airoport I try to explain the officer to swich to Ir1 but he said he can't

[OldUser 6,983]

5 minutes ago, momo1992 said:

Yes I'm married over than 10 years when I enter but at the airoport I try to explain the officer to swich to Ir1 but he said he can't

You're saying they're classified you as CR1 instead of IR1? Then yes, you need to file I-90 and include cover letter explaining you're married for over 10 years. Include copy of marriage certificate and choose option to indicate it was USCIS mistake. That way you don't pay the fees.