Question on applying for naturalization, but having stayed abroad over 6 months

[Boryslav 0]

Hello,

 

I have read many comments and opinions on the forums here regarding this matter, but am still not sure that I have found the best solution.

Therefore would be extremely grateful on any advice and/or input concerning my case.

 

Here it is:

 

I am a lawful permanent resident through marriage to a US citizen and received my green card in Feb. 2014. Removed conditions and received the permanent one in June 2016. Am already eligible to apply for naturalization since am married to the same person and have the required physical presence in the US.

 

However, between March and September 2014 I took a trip abroad that lasted over 6 months and therefore my continuous residence may be disrupted. During that time, I kept my ties to the US as bank accounts, filed taxes, had my US medical insurance, my spouse remained in the US and I was employed as a contractor by a US-based company receiving monthly bank deposits for the work I was doing. Unfortunately I am not able to provide a lease as during that time my spouse was living at his parent's house and rent was paid in cash with no receipts given.

 

Given all this, my question is to what would be the best way to go - apply now and submit the supporting documentation that I have as tax returns, bank deposits from my contractor job, and medical insurance for the time I was abroad, or wait until September 2017 and file for naturalization then without the need of supporting documentation as I returned from my trip in September 2014 and in this case there would be no disruptions in the continuous residence.

 

Thank you in advance for your assistance!

Boryslav

 

Edited February 17, 2017 by Boryslav

[GreatDane 366]

What were the dates you were gone? Was it over six months? 

 

If you were gone for over six months, you will need to provide evidence that your residence in the US was continuous. 

The types of documentation which may establish that the applicant did not disrupt 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:

(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant’s immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.[15]

[GreatDane 366]

Also, were there any other trips you took since you became a permanent resident? You must have physically been in the US for 18 of the past 36 months.

[NancyNguyen 1,657]

There is no need to prove anything for now, it is interviewer's discretion to determine if you've broken your continuous residency. You will have a chance to do so at interview. So only way to find out is to apply N400. By the way, it was back in 2014 so it is pretty much you would be okay. Good luck.

[STIG 5]

13 hours ago, Boryslav said:

September 2014 I took

Looks to me like continuous residence was broken. Rather just wait until Sept 2017 (3 years from your return date), and file then, or 90 days before. 

[Boryslav 0]

14 hours ago, GreatDane said:

Also, were there any other trips you took since you became a permanent resident? You must have physically been in the US for 18 of the past 36 months.

Hi, thank you for your response.

Yes, I have taken 2 more trips since I became a permanent resident, but they lasted only 2 weeks and I have been physically present in the US for 18 months.

[Boryslav 0]

14 hours ago, NancyNguyen said:

There is no need to prove anything for now, it is interviewer's discretion to determine if you've broken your continuous residency. You will have a chance to do so at interview. So only way to find out is to apply N400. By the way, it was back in 2014 so it is pretty much you would be okay. Good luck.

Thank you so much for your response!

[GreatDane 366]

It looks good to me! Just bring proof of continuous residency to your interview, just in case. I wouldn't worry too much about it  

[Boryslav 0]

2 minutes ago, GreatDane said:

It looks good to me! Just bring proof of continuous residency to your interview, just in case. I wouldn't worry too much about it  

Thank you so much for your encouraging words! 

[Boryslav 0]

14 hours ago, NancyNguyen said:

There is no need to prove anything for now, it is interviewer's discretion to determine if you've broken your continuous residency. You will have a chance to do so at interview. So only way to find out is to apply N400. By the way, it was back in 2014 so it is pretty much you would be okay. Good luck.

Hi Nancy Nguyen,

 

Should the supporting documentation be sent now along with the application or I just take this documentation at the interview?

 

10 minutes ago, Boryslav said:

 

 

[STIG 5]

34 minutes ago, GreatDane said:

It looks good to me! Just bring proof of continuous residency to your interview, just in case. I wouldn't worry too much about it  

What proof? He won't be able to demonstrate the following:

 

(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad

[GreatDane 366]

2 minutes ago, STIG said:

What proof? He won't be able to demonstrate the following:

 

(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad

They would be able to bring an affidavit from the family he was maintaining residence with attesting that the address was maintained, as well as provide supporting documents such as US employment, bills paid to maintain residence, such as phone bills. The applicant can also demonstrate they didn't obtain employment abroad by showing their proof of foreign income/income tax returns and proof of maintaining US employment. 

[STIG 5]

21 minutes ago, GreatDane said:

They would be able to bring an affidavit from the family he was maintaining residence with attesting that the address was maintained, as well as provide supporting documents such as US employment, bills paid to maintain residence, such as phone bills. The applicant can also demonstrate they didn't obtain employment abroad by showing their proof of foreign income/income tax returns and proof of maintaining US employment. 

I completely disagree. The OP mentioned that his spouse was residing at his parent's home, so he did not maintain a residence. Lying to the Federal Government, especially in an affidavit is against the law. Do not do this. He did not maintain or retain access to his abode, stating otherwise is false. The OP mentioned that he was working for a US based company, but need more info from him. i.e. did he stay with the same employer who simply sent him on a tour overseas, or did he seek employment overseas with a Company that is US based. In order to meet criteria D), then the OP must not have worked when overseas at all, but I believe he would qualify if his Company sent him on a tour. Bottom line, the application WILL be denied as he did not retain full access to his or her United States abode.

Edited February 17, 2017 by STIG

[GreatDane 366]

47 minutes ago, STIG said:

I completely disagree. The OP mentioned that his spouse was residing at his parent's home, so he did not maintain a residence. Lying to the Federal Government, especially in an affidavit is against the law. Do not do this. He did not maintain or retain access to his abode, stating otherwise is false. The OP mentioned that he was working for a US based company, but need more info from him. i.e. did he stay with the same employer who simply sent him on a tour overseas, or did he seek employment overseas with a Company that is US based. In order to meet criteria D), then the OP must not have worked when overseas at all, but I believe he would qualify if his Company sent him on a tour. Bottom line, the application WILL be denied as he did not retain full access to his or her United States abode.

My opinion was based on him living with family prior to and after his trip abroad, which would work to maintaining a residence and then worked remotely for the US company in the same position they had previously. I would never recommend anyone lie. The crucial part is whether an immigration officer thought the person was left US without the intent to remain permanently here. If the person closed out their bank accounts and went abroad, that is one thing - but I think having mail delivered, continual US employment, and access to the residence he was living in would count as maintaining a residence. I couldn't find a clear USCIS definition of maintaining a residence - maybe you have?

[STIG 5]

4 minutes ago, GreatDane said:

My opinion was based on him living with family prior to and after his trip abroad, which would work to maintaining a residence and then worked remotely for the US company in the same position they had previously. I would never recommend anyone lie. The crucial part is whether an immigration officer thought the person was left US without the intent to remain permanently here. If the person closed out their bank accounts and went abroad, that is one thing - but I think having mail delivered, continual US employment, and access to the residence he was living in would count as maintaining a residence. I couldn't find a clear USCIS definition of maintaining a residence - maybe you have?

It sounds as if the OP's spouse only lived with his parents during his absence. If they lived in their own residence before and after the absence, then I am afraid the OP is out of luck. Can the OP please clarify