My husband is Australian and was issued a green card October 2007. He is a permanent resident. He needs to be living here in the U.S. for three years to obtain citizenship since he is married to me, an American citizen. But there are exceptions to this three-year rule. He can leave the U.S. for trips of under six months.

Does that mean he can take a trip from the U.S. for 5 1/2 months, then return for a short period, then leave again another 5 1/2 months, ect? Or does that mean a total of 6 months?

We're asking because we'd like to study and do internships overseas (Italy).

I called USCIS and they told me that he has to be living in the U.S. for 18 months total, within that 3 year period. And yes, he can go for a trip of 5 1/2 months and return briefly and go for another 5 1/2 month trip.

Can anyone back up this information? Or has anyone had a similar experience and had trouble obtaining citizenship? I just want to be absolutely sure! We plan to live in the U.S. our whole lives, and wouldn't want a few overseas opportunities to interfere with that.

Thank you!!

Lorra

I am going to move this where you can get more answers...

I'll let you know as soon as I know. My husband was in the same situation - obtained his green card in July 2005 and stayed in the US until September 2005. Left early September for Italy until February 2006 (away 5.5 months) stayed a few weeks then left again until June 2006 (away 3.5 months). Stayed 1.5 months and returned again September 2006 (away 3 months). He has been here ever since.

We were told it was completely within our rights to do this travelling and have submitted the N400 in April.

Watch this space for developments!

K

Hi LorraV,
What USCIS told you is correct. Your hubby will be able to apply N400 citizenship (based on marriage) on October 2010. I am assuming you both are married before or at least since October 2007 (when your hubby received his greencard).
Now the time requirement for for staying in US is Half of the total 3 years ( 3years means 36 months). So half of 36months is 18 months. It means your hubby can spend time outside US in total of 18 months maximum. You can divide the 18months into several trip such as what the USCIS Immigration Officer told you (example: 5.5 months per single trip).
In anyway if you have emergency and your hubby must stay beyond 6 mos but less than 1 year in a single trip, make sure he has valid proof that he is maintaining residency in US. Valid proof such as: paystub, house/ rental payment, credit card payment, or family ties living/left behind in US while he is outside US (could be you or you and children live in US).

...just my 2cents..

I would suggest your husband apply for, and obtain, a re-entry permit (USCIS Form 1-131) before leaving the country.

What I heard is that *any* length of stay could prove problematic if the officer in charge thought that the person might have left the country permanently. The way around this is precisely the reentry permit mentioned above: it would be, in itself, proof of his intent to return in case the immigration authorities question whether he intended to return to the US or was abandoning his residency.

It is very important that he obtains it *before* leaving the country.

More info here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The re-entry permit is mandatory for longer trips, but a good idea to have even for shorter trips; and also in case an emergency arises.

scotia

I was under the understanding that in the case of trips of longer than 6 months, the burden of proof that the applicant has maintained US residence is on the applicant, but vice versa, the burden of proof for proving abandonment of residence in the case of trips under six months is on USCIS.

K

USCIS was correct for once...they gave you the right info. I had 3 rather long trips in my 3 years of residence and they could care less about it since I met the requirements for eligibility, one of my trips was actually only 6 days shorter than 6 months, all they asked at the interview was the reason which I gave and that was it. As long as you provide the evidence of continuous residence (like a lease, tax transcripts etc.) you will have no problems whatsoever, I would not bother getting a re-entry permit unless there was a real need for it. Just my opinion of course.

USCIS website says that one trip that lasts longer than 6 months resets the continuous residence clock back to zero. You might want to make sure that he does not stay outside the US for longer than 6 months at a time.

6 months is just a average of when the officers view a possible break in continuous residency. You can be denied citizenship for being out of the country for 3 months if it clearly shows your are living and residing in another country.

Being away for 5.5 months, comming back for a short period and releaving for 5.5 months again etc clearly shows you are trying to skrit the rules of continous residency. You must prove you are living and maintaining US residency. This situation clearly shows you are not and is grounds for denial.

Don't play the IO's for being stupid, they are faced with people attempting to do things like this every day, they're pretty used to it...