Continues Residency - how my case might the evaluated?

[David & Diana R 1,005]

(b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship... shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.  
      Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence...

 

Everyone here is focusing on the "continuous residence" requirement.  Maybe I have lost my mind but reading the above does not say you must to be out of country for more than 6 months of continuous days.   It suggests to me that being out of one's country of residence (USA) for a total of more than 6 months during a one year period may be the problem.  Call me crazy but perhaps this is where there is some confusion?  Just saying.  Aloha, David

[David & Diana R 1,005]

One more thing.  I have never been able to understand why someone wants to become a US citizen only to live in another country.

[bahsan 0]

3 hours ago, SusieQQQ said:

OP, can you clarify if you have actually counted the days to meet the minimum physical presence requirement? It’s hard to tell from what you’ve stated here. 

The rest of the debate could just be a red herring without this.

minimum physical presence requirement is 18 months out of 3 years after getting green card. from Dec 2015 to July 2017 is - 1 year and half . As I mentioned I my visits to foreign country happened during that time.. from July 2017 to Jan 2019 is 18 months which satisfy the physical presence if I understand the rule correctly 

 

 

[bahsan 0]

9 minutes ago, David & Zoila said:

One more thing.  I have never been able to understand why someone wants to become a US citizen only to live in another country.

one should not jump to conclusion without knowing the facts 

[gregcrs2 1,777]

OP, were you working in Canada for a US company?

[aaron2020 11,651]

12 minutes ago, bahsan said:

one should not jump to conclusion without knowing the facts 

It would be nice if you share the facts.  Did you claim Canadian residency during this time?  You haven't provided facts, so that is why people are conjecturing and jumping to conclusions.  

[Going through 5,668]

56 minutes ago, bahsan said:

minimum physical presence requirement is 18 months out of 3 years after getting green card. from Dec 2015 to July 2017 is - 1 year and half . As I mentioned I my visits to foreign country happened during that time.. from July 2017 to Jan 2019 is 18 months which satisfy the physical presence if I understand the rule correctly 

 

 

You keep focusing on the physical presence part----you have to ensure you meet the continuous presence part too.

 

If you could answer the questions about claims of residency in Canada, and what ties you kept in the US while working in Canada (also if you set up housing in Canada, did you file taxes in Canada and under what status) that would be helpful to members in trying to assist you in determining whether it's wiser to apply now, or wait another year or so for the N400.

 

People do want to help you out here---but they need information to be able to do so.

Edited January 10, 2019 by Going through

[Going through 5,668]

1 hour ago, David & Zoila said:

One more thing.  I have never been able to understand why someone wants to become a US citizen only to live in another country.

Different reasons I suppose.  

 

I have friends who have US citizenship but live in other countries---one of the reasons they went through with US citizenship was so that they could travel freely to the US when visiting their USC-born children whom they no longer have physical custody of due to divorce---or are now adults themselves, in one case---and not have to worry about length of stay abroad/trouble entering the US.  Or monetary/elderly parents/whatever concerns and someone ends up moving back.

 

Not saying this is the case for the OP, just giving a few examples.  Everyone's situation is different.

 

 Just like different reasons why people choose to live in the US in the first place... instead of the USC moving to the foreign country.

 

On an aside...not everyone *wants* to become a US Citizen, sometimes it's the best choice to at a certain point in life.  Sometimes it's not a good choice or what a person wants at all, and they stay a LPR forever...(me, I wanted to finally divorce USCIS, but I did wait close to 13 years before doing the N400).

Edited January 10, 2019 by Going through

[afrocraft 313]

1 hour ago, David & Zoila said:

(b) Absence... of more than six months... during the period for which continuous residence is required for admission to citizenship... shall break the continuity of such residence...

 

Everyone here is focusing on the "continuous residence" requirement.... It suggests to me that being out of one's country of residence (USA) for a total of more than 6 months during a one year period may be the problem.  Call me crazy but perhaps this is where there is some confusion?  Just saying.  Aloha, David

I see what you mean. In fact, the law, above, only refers to absences (that are) more than six months. Not total absence more than six months. That's why it's called continuous residence.

 

The physical presence requirement is what ensures total US presence of at least half the period of permanent residency.

[Ryan H 3,791]

***Hijack post removed.***

[bahsan 0]

14 hours ago, Going through said:

You keep focusing on the physical presence part----you have to ensure you meet the continuous presence part too.

 

If you could answer the questions about claims of residency in Canada, and what ties you kept in the US while working in Canada (also if you set up housing in Canada, did you file taxes in Canada and under what status) that would be helpful to members in trying to assist you in determining whether it's wiser to apply now, or wait another year or so for the N400.

 

People do want to help you out here---but they need information to be able to do so.

Sorry , I was not focusing in the physical presence part, was just answering someone question.

 

 

About claiming residence in Canada, I became Canadian residence few years before US green card, in 2016 did my tax as resident in Canada, as well as in US ( immediate family was in US), 2017 filed tax as emigrant in Canada , resident in US. I was working for US public company's Canadian entity, and had re-entry permit.

[Going through 5,668]

2 hours ago, bahsan said:

Sorry , I was not focusing in the physical presence part, was just answering someone question.

 

 

About claiming residence in Canada, I became Canadian residence few years before US green card, in 2016 did my tax as resident in Canada, as well as in US ( immediate family was in US), 2017 filed tax as emigrant in Canada , resident in US. I was working for US public company's Canadian entity, and had re-entry permit.

 

Filing taxes as a "resident" of Canada in 2016 will likely bring up an issue, since you received your green card in 2015...and then claimed residency elsewhere.

I understand you also filed as a resident in the US for the same tax year, however you are expected to "reside" in the US only as a LPR.

 

There are restrictions as to what type of US employers you can work for abroad without breaking continuous residency as explained on the USCIS website (off-the-cuff does not sound like your employer qualifies):

 

Qualifying employment abroad means to be under employment contract or orders and to assume the duties of employment in any of following entities or positions:

 

•Government of the United States (including the U.S. armed forces);

•American institution of research recognized as such by the Attorney General;

•American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof;

•Public international organization in which the United States participates by treaty or statute;

•Authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States; or

•Engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States. 

 

There will likely be issues with proving you did not break continuous residency...honestly, it's better to wait until you meet the requirements before filing (unless you have money to burn). 

[bahsan 0]

20 minutes ago, Going through said:

 

There will likely be issues with proving you did not break continuous residency...honestly, it's better to wait until you meet the requirements before filing (unless you have money to burn). 

Thanks for the advice, I'm thinking to apply after July 2019, so even if IO is not satisfied with 2016 residence status, I'll still have 2 year 1 day after that July 2017

[David & Diana R 1,005]

19 hours ago, bahsan said:

one should not jump to conclusion without knowing the facts 

Conclusion???  This is not a conclusion....it's a question.

[Manc73 34]

I have spent 341 days outside the USA over a nearly 3 year period from June 2015 to March 2018. After my time away from the USA due to my mother's deteriorating health, family weddings and wedding anniversaries, the wife and I took no more trips from June 2016 to June 2018 with exception of 4 days in Rocky Point ,Mexico. I have a continuous presence of over 22 months. I hope when my interview arrives the USCIS will understand my parents and family are getting up in age and my mother has now passed away.

I maintain residency with our house, car, drivers licence bank accounts etc.

Additionally all my taxes are filed in the USA since I got my green card.

Edited January 13, 2019 by Manc73