Taking a break from life in America.

[ajm_80 0]

Hi Everyone,

I became a Permanent Resident in 2005 by virtue of marriage to a US Citizen. I separated from my wife in 2008, and as things were rocky around the time I was eligible to file for citizenship based on the 3 year rule, I decided to set it to one side and wait until I could apply under the 5 year rule.

I will be eligible to file for citizenship in March next year. During my 4 years as a resident thus far, I have spent all but 70 days in the US, which is an accumulation of multiple visits back to the UK over a number of years. However, for family reasons it looks like I am going to have to leave the US for a number of months just as soon as it's possible to take care of everything here before I leave. My heart is really set on filing for citizenship as soon as possible, but it may be the case that I spend a significant part of this year back in the UK.

I am aware of the 180 day (or 6 month) scenario in which can reset your countdown to citizenship, and the importance of maintaining a residency and being capable of demonstrating ties to the US at the time of your citizenship application. It's unfortunate that this period of absence will not be at the beginning of my residency as I think it would be easier to say "I was in and out alot in Year 1 but I've been here consistently for the last 4", whereas I'm basically going to interview in March with my largest absences being the most recent.

Does anyone have any advice or past experience with this type of situation? Maintaining ties is my big concern, because to be quite honest I cannot afford to pay rent on an unoccupied apartment when I am overseas, and obviously I will not be working here during that time. I am really trying to balance the situation with the ability to file as planned in March so any input would be greatly appreciated.

Good Luck to all on your respective journies!

[motu 6]

One easy way to maintain a residence - use a friend or relative's address as yours (make sure and file AR11) that way, they can receive all your mail especially the USCIS stuff. Also keep a bank account open - most require a small amount to keep just a savings account (my bank just requires $25 to be kept in savings). This way at least you are not worried about saying that I didn't maintain a residence - however the days and months of absence could be troublesome if you accrue too much time outside. Most friends/relatives will not have a problem with such a request. Good Luck

[ajm_80 0]

Thanks for your reply. Does anyone know the situation in regards to working while outside the US for a non-US company? If for example I went home for a few months, and work for a British Employer, but returned to the US after my short stay there is over, and filed the overseas income on my US taxes next year, and maintained car payments etc in the US while I was abroad, is that acceptable or is any kind of employment overseas, no matter how short, a bad idea.

I'm just thinking from a budget/money standpoint here, thanks.