Is there any issues because my son is not living with me for 1.5 year?

[caiban1234 0]

In March 2019, I took my son (2.5 year old) to my country so that my parent can take care of him for 1.5 years. After that, i will bring him back to US to live with us (me+wife+other children).

In May 2019, I submitted N400. In that form, there is a question about my son: "what is his current address". My answer is our current address in USA.

- Is it correct answer?

- Is there anything to concern because of my son is temporarily not living with me for 1.5 year? (regarding to citizenship interview)

- Should I bring him back before the interview?

I am living in Dallas, TX

[USS_Voyager 1,972]

4 minutes ago, caiban1234 said:

Is it correct answer?

To me, I have no problem with that. 

 

4 minutes ago, caiban1234 said:

Is there anything to concern because of my son is temporarily not living with me for 1.5 year?

No concern. You're applying for citizenship, not your son.

 

5 minutes ago, caiban1234 said:

Should I bring him back before the interview?

No , why? Again, you're apply for citizenship, not your son. 

[Boiler 45,658]

Sounds like his current address is Vietnam?

[alun 73]

I would check the requirements for citizenship through parents  if your son has a green card .

[Ontarkie 14,275]

You're missing a lot of good information to get a clear answer. 

 

Where was your son born? Important to know if he is already a USC. Don't want to assume. 

Your son is not living with you he is living with your parents. That is the address you should have used. 

Since he is not living with you are you supporting your son? This will be asked at the interview and you can be denied for lack of GMC. 

[caiban1234 0]

Sorry to mention that my son was born in USA. he is US citizen. This question is about me , not about his USC status.

[WandY 430]

A person can only have one domicile, but may reside in multiple locations. According to U.S. tax law, a person can retain their U.S. domicile even though they have temporarily moved to another country. I think your child can retain your home address because his living in Vietnam is for a limited and/or prescribed time and he has not abandoned his U.S. domicile/address. It is not a permanent move. His residency is still at his U.S. address because his domicile (permanent home) is in the U.S. In essence, he is visiting Vietnam for a certain period of time.  I see no problem with using the U.S. address as being where your son lives. Again, the key is that the move is for a prescribed period of time - it is definite and known. The child has not abandoned his U.S. address/home/domicile. He is set to return to his place of domicile.

[SusieQQQ 11,586]

3 hours ago, Ontarkie said:

You're missing a lot of good information to get a clear answer. 

 

Where was your son born? Important to know if he is already a USC. Don't want to assume. 

Your son is not living with you he is living with your parents. That is the address you should have used. 

Since he is not living with you are you supporting your son? This will be asked at the interview and you can be denied for lack of GMC. 

This. I’d suggest you take proof of sending money etc to support your son. 

[USS_Voyager 1,972]

2 hours ago, WandY said:

A person can only have one domicile, but may reside in multiple locations. According to U.S. tax law, a person can retain their U.S. domicile even though they have temporarily moved to another country.

My thought exactly. To me, the son is just visiting and spending some quality time with the grandparents. The Dad has no intention of abandoning the son. 

[Boiler 45,658]

How long can a USC visit Vietnam?

[SusieQQQ 11,586]

1.5 years (and counting) is a heck of a long visit. 

[USS_Voyager 1,972]

15 hours ago, Boiler said:

How long can a USC visit Vietnam?

Assume the Dad is a Vietnamese citizen, which 99% that he is, the son is Vietnamese citizen by birth as well. He can stay for as long as he likes. 

[USS_Voyager 1,972]

12 hours ago, SusieQQQ said:

1.5 years (and counting) is a heck of a long visit. 

Well, there is no legal definition for how long a "visit" can be. Outside of this, it is quite a common thing for Vietnamese parents to do. 

[SusieQQQ 11,586]

Just now, USS_Voyager said:

Well, there is no legal definition for how long a "visit" can be. Outside of this, it is quite a common thing for Vietnamese parents to do. 

No, though judging by B visa conventions, 6 months is probably deemed adequate for a visit.

i would say that if a child is somewhere where he is attending school, has a regular doctor, is part of a local sports team etc etc, then he is living there. You know, the same kind of proof that uscis sometimes asks for to show that a child is in the physical custody of a US parent.

 

i admit I didn’t realize it’s common to send one child back for some years to live with grandparents while keeping other children at home.

[USS_Voyager 1,972]

Just now, SusieQQQ said:

i admit I didn’t realize it’s common to send one child back for some years to live with grandparents while keeping other children at home

Usually only ages newborn -5 or 6. Usually because the parents are busy working in a different city, province and do not take the child with them. The normal scenario would be the parents leave for work for months on end, sometimes only come home once a year. The grandparents would take care of the baby and stay at home. When say home, there is only one home. It is common for multi-generations to live in one home. The idea is the parents will work their behinds off for few years, save enough money to either buy their own house or start a business or something that would allow them to move back and take their child back. The grandparents will take care of the child during that time. 

 

Vietnamese grandparents has more or less that "duty" kinda put on them. 

 

Again, this is a cultural thing. Again, today is almost 2020 and not everybody does that but it is not unheard of for families be doing that. 

 

Again, do I think that's normal and do I like that as a Vietnamese? Absolutely not. That's why I make multiple announcements already in my family (and I remind them every year) that I will NOT do that. When my kids turn 18, that's adios amingos. I will not be caught changing diapers for grandchildren. I plan to be on a tropical island drinking tequila.