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Filed: Timeline
Posted

Hi everyone.... I have questions....

I'm going to apply for US Citizenship in 2 more years based on 5 years as LPR.

I've lived in the USA for 3+ years now minus a few trip that I took but I'm still over 30 months living in the USA continuously so far.

I plan to get married outside the USA soon and potentially I start a family (read: get pregnant).

I'm hoping I will not be more than 6 month but definitely less than 1 year outside the USA but to be safe, I will apply for Reentry permit just in case.

My questions are:

If I ended up with more than 6 month but less than 1 year using reentry permit while residing outside the USA. Will I break the "continuous residency"?

If I break "continuous residency" will I get credit during that time toward the 30 month total?

What evident should I have to show that I didn't abandon my LPR so in 2 years I can apply for citizenship.

Lastly, if everything are good and there is potentially I'm not working because I raising a kid and my husband supporting me from outside the USA can he file for affidavit of support for my US Citizenship? If not, what will be the best way? Have a family member to file an affidavit of support?

Obviously once I'm a US Citizen then I will want to sponsor my husband to USA and he will be staying out until I have my citizenship.

Please help.

Thanks.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

My questions are:

1. If I ended up with more than 6 month but less than 1 year using reentry permit while residing outside the USA. Will I break the "continuous residency"?

2. If I break "continuous residency" will I get credit during that time toward the 30 month total?

3. What evident should I have to show that I didn't abandon my LPR so in 2 years I can apply for citizenship.

4. Lastly, if everything are good and there is potentially I'm not working because I raising a kid and my husband supporting me from outside the USA can he file for affidavit of support for my US Citizenship? If not, what will be the best way? Have a family member to file an affidavit of support?

1. Yes

2. You can try and show proof you didn't intend to break residency (filing taxes, maintaining a license/bank account etc) and no, the time after 6 months does not count towards 30 months (the 6 months would).

3. It's explained in the N400 instructions

4. There is no Affidavit of Support required for N-400. Even if there was, no he wouldn't. It would have to be an LPR or USC.

Filed: Timeline
Posted

1. Yes

2. You can try and show proof you didn't intend to break residency (filing taxes, maintaining a license/bank account etc) and no, the time after 6 months does not count towards 30 months (the 6 months would).

3. It's explained in the N400 instructions

4. There is no Affidavit of Support required for N-400. Even if there was, no he wouldn't. It would have to be an LPR or USC.

Hi Vanessa,,, thanks for the quick reply.

1. In this case I should come back to the USA even just for a few days and then stay out again as long as I don't stay out longer than 6 month to avoid breaking "continuous residency".

2. Since I already have 30+ months in the USA at this time (I'm starting my 4th year as LPR), even the next two years I can go out for 6 month (less than 1 day) and do that for 4x, I still fulfill 30 months minimum residency, correct?

3. Thanks

4. That's right. I forgot no income requirement to become citizen.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Hi Vanessa,,, thanks for the quick reply.

1. In this case I should come back to the USA even just for a few days and then stay out again as long as I don't stay out longer than 6 month to avoid breaking "continuous residency".

2. Since I already have 30+ months in the USA at this time (I'm starting my 4th year as LPR), even the next two years I can go out for 6 month (less than 1 day) and do that for 4x, I still fulfill 30 months minimum residency, correct?

3. Thanks

4. That's right. I forgot no income requirement to become citizen.

The problem with your plan to go out and come back, and go out and come back, they could try and decide that's a pattern to show that you're living outside the US and just trying to game the system.

You're better of just staying out and returning in under a year and then staying in the US until you file. Read the N-400 instructions on how to prove you didn't break your continuous residency.

 
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