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Soooocal

How frequent trips outside US affects Residency requirement for naturalization

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This is about my fiance. 

He has become a permanent resident over 15 years ago. However, he’s spent the majority of time in Europe for the past 7-8 years for study and work. He’s come back to the states a few times (each trip lasting a few days to two months) each year during that time and his family maintained in the states the whole time(the rest of his family have become US citizens) 

My question is, 
1. Does the fact that he’s been a green card holder for a long time affect at all? 
or Should he just start counting days until he satisfies the 30 months out of 5 years requirement? 

2. He no longer has his old passport and he has traveled very frequently. How else can he find out his exact travel dates?

Edited by Soooocal

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He can view travel history here: https://i94.cbp.dhs.gov/I94/#/home

 

 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

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1) No. The physical presence and continuous residence requirements are strictly required by law. Count the days.

2) Airline tickets? I'm not sure...I'll defer here.

 

If he's been spending that much time abroad, he's very lucky he hasn't had this green card deemed abandoned. A permanent resident is required to have their permanent residence within the US...generally spending more months in the US than out of it. Is he in the US right now? When was his last time in the US?

 

Note that I mentioned a continuous residence requirement in #1 above. It sounds like he clearly broke this and would need to return to the US to start that clock over.

 

NOTE: LPRs are not issued an I-94, so the above links likely won't show anything.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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38 minutes ago, geowrian said:

1) No. The physical presence and continuous residence requirements are strictly required by law. Count the days.

2) Airline tickets? I'm not sure...I'll defer here.

 

If he's been spending that much time abroad, he's very lucky he hasn't had this green card deemed abandoned. A permanent resident is required to have their permanent residence within the US...generally spending more months in the US than out of it. Is he in the US right now? When was his last time in the US?

 

Note that I mentioned a continuous residence requirement in #1 above. It sounds like he clearly broke this and would need to return to the US to start that clock over.

 

NOTE: LPRs are not issued an I-94, so the above links likely won't show anything.

He is in the states right now and his greencard has always maintained valid. Although he spent a significant amount of time abroad, his trips were never longer than 6 months. His permanent address has always been in the states. His career(music) required him to travel to many different countries.

Edited by Soooocal

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7 minutes ago, Soooocal said:

He is in the states right now and his greencard has always maintained valid. Although he spent a significant amount of time abroad, his trips were never longer than 6 months. His permanent address has always been in the states. His career(music) required him to travel to many different countries.

Days of physical presence in the US matters.  You said he spends the majority of the last 7-8 years in Europe.

He needs to count days.  The burden is on him to prove that he was physically present in the US for the required number of days.

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1 hour ago, Soooocal said:

He is in the states right now and his greencard has always maintained valid. Although he spent a significant amount of time abroad, his trips were never longer than 6 months. His permanent address has always been in the states. His career(music) required him to travel to many different countries.

Count the days for physical presence.

 

As for continuous residency, multiple trips abroad in excess of 6 months in a year can still break this. One cannot, for example, spend 5 months abroad - return for 2 months - then go abroad for another 5 months in a year and expect to meet this criteria.

See the policy guide: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time."


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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~~Moved to US Citizenship General Discussion, from General Immigration~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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