One more when can I File Question

[aldob 0]

My wife received her Green Card June 10 2012 she then spent 184 consecutive days in the US until she left and spent 180 days abroad returning in 2013.. In 2013 she spent 184 days in the US and then left the US with plans to return in another 180 days in 2014 from abroad. Each of her trips abroad have been just short of the 6 month absence limitation to maintain the LPR status. The question is if she repeats this schedule of presence into 2015 by spending 184 days in the US in 2014 then leaving for 180 days and returning in 2015 will she still be eligible to file March 10 of 2015 if she has not yet been In the country for a total of 6 month or 183 days as of March 10 2015?

[Shub 78]

Well, count the days she has been in the US.

If using the 5-year rule to apply (which I guess you won't), you have to have been in the US for at least 913 days over the past 5 years. If using the 3-year rule (guessing that's your case), it's 548 days or more over the past 3 years. That'll be the physical presence requirement.

Moving on, you have the continuous residence requirement. If you have not have any trip lasting more than 180 days over the past 3 years, then you should be alright. USCIS may ask what you're doing spending all that time abroad, but it's on them to prove that you broke the continuous residence requirement (e.g. by accepting a job abroad).

[girimurthy 5]

My wife received her Green Card June 10 2012 she then spent 184 consecutive days in the US until she left and spent 180 days abroad returning in 2013.. In 2013 she spent 184 days in the US and then left the US with plans to return in another 180 days in 2014 from abroad. Each of her trips abroad have been just short of the 6 month absence limitation to maintain the LPR status. The question is if she repeats this schedule of presence into 2015 by spending 184 days in the US in 2014 then leaving for 180 days and returning in 2015 will she still be eligible to file March 10 of 2015 if she has not yet been In the country for a total of 6 month or 183 days as of March 10 2015?

They will def. flag it and you need to prove why you are going away for 6 months. It will look suspicious that she is away most of the time. BTW are you still filing taxes(jointly) here and bills are on her name too?

[aldob 0]

Taxes are being filed jointly consistently and we maintain a residence in the US year round where some of the utilities are in her name. She is also a member of a community organization.