Will my continuous residency breaks if I go out of US for 3 months every year?

[dcjsjd 0]

Hello. Can somebody enlighten me about "Continuous residency" as a requirement to file citizenship?

My question is: Will my continuous residency breaks or terminate if I go out of U.S. for 3 MONTHS EVERY YEAR? Thanks.

[kaush 0]

I think it breaks only if you have been out for more than 6 months.

[kaush 0]

Yup this confirms it.

[Dakine 26]

Looks like as long as you have a total of 18 months physical presence in the US in the 3 years you are covered.

(1) Absence from the United States .

(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under Sec. 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not dis rupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;

(4) Has been physically present in the United States for periods totaling at least 18 months;

[Jim♥Michelle 0]

Hello. Can somebody enlighten me about "Continuous residency" as a requirement to file citizenship?

My question is: Will my continuous residency breaks or terminate if I go out of U.S. for 3 MONTHS EVERY YEAR? Thanks.

NO.. 3 months is okey.. but keep in mind that you're not allowed to travel outside the USA for a TOTAL OF 1 year all in all..

[warlord 73]

As long as you remain in the US for the number of days required. Maybe people think moving to another country and then comming back to visit counts for residency requirements. That is not true, you must remain in the US and reside in the US and visit the other countries to maintain the residency requirement.

With that said, 3 months a year, shows you are returning to the US and maintaining residency. Anything up to 6 months during the N-400 interview the INS has to prove you didn't maintain residency if they want to dispute something.

After you've been away for 6 months to a year, it then becomes your responsibility to prove to the INS that you DID maintain residency. After a year, it's pretty much a guarenteed you have abandoned your GC and case.

So 3 months a year means the INS would have to try and prove that you didn't maintain residency in the US. I doubt they'd bother with that if everything else on your application looks like it's in order. So no doesn't look like this is a problem...

[nscvet 0]

I would like to know if anyone has had a problem with this. Somehow I missed reading about the absence for longer than 6 month thing and found out about it when my wife had been out for about 172 days. Needless to say she hurried back and was out for a total of 176 days. Six months can vary dependng on which months you are counting. So if a person left in November and returned in May it would not necessarily be 6 months or longer if you count days, but if you count each partial month as a whole month it is longer.

[Auscali 0]

. Six months can vary dependng on which months you are counting.

My understanding is that it is counted bu number of days - not "partial months" - that is, under 180 days is "safe". I hope so - I'm filing with an absence of 168 days.

[Jim♥Michelle 0]

. Six months can vary dependng on which months you are counting.

My understanding is that it is counted bu number of days - not "partial months" - that is, under 180 days is "safe". I hope so - I'm filing with an absence of 168 days.

Are you processing your Naturalization right now? Or done with that?.. My hubby has 184 days absence which is equivalent to 6 months (March 04- Sept 04).. So it's NOT safe right... any link regarding "180 days safe" please..

tnx

[Helmut & Bee 0]

I had a problem with this when I was naturalized. I was a permanent resident, but worked all over the world. My travel kept me out of the country for about 180 days a year. Unfortunately sometimes longer. When I applied for the citizenship (2003) I was rejected, since I missed the "physical presence" by 43 days. I had the choice of staying in the country longer, until I met the requirements again, or file for an appeal. I filed for the appeal ($200). When my case was reviewed, the reviewing officed approved my citizenship, since I maintained my residence (house) during the entire time, and also had paid all my taxes continuously.

Hope that helps.

[nscvet 0]

Thanks for all the information. I had not heard about the "180 day rule" before. My wife is too close to 180 for comfort, 174 or 176 depending on how you count it. I hope we don't have to go through an appeal. God only knows what that costs now.

[*JG* 2]

My sister-in-law had to refile her K-3 after she had left the US during processing. She was gone for 8 months, though.

[Feliz 0]

I had a problem with this when I was naturalized. I was a permanent resident, but worked all over the world. My travel kept me out of the country for about 180 days a year. Unfortunately sometimes longer. When I applied for the citizenship (2003) I was rejected, since I missed the "physical presence" by 43 days. I had the choice of staying in the country longer, until I met the requirements again, or file for an appeal. I filed for the appeal ($200). When my case was reviewed, the reviewing officed approved my citizenship, since I maintained my residence (house) during the entire time, and also had paid all my taxes continuously.

Hope that helps.

i this topic there is quote, stating that greencard holder may apply if he is within 90 days of his requirement for residence, like me i have total 17 month out of 18 required by time i apply (in 2 weeks) but i still can apply cus that is within 90 days.

http://www.visajourney.com/forums/index.php?showtopic=89225