Parent is married to a US citizen

[Vic1 0]

Similar position,  though parent has been LPR over 40 yrs, but with recent travel every year for the past 5 years, with 2 of those trips last more than 6 months, less than a year. 

[Boiler 47,453]

1 minute ago, Vic1 said:

Similar position,  though parent has been LPR over 40 yrs, but with recent travel every year for the past 5 years, with 2 of those trips last more than 6 months, less than a year. 

https://www.uscis.gov/naturalization-eligibility

[Vic1 0]

It automatically flags that as not eligible, but that tool does not take into consideration ability to rebut the presumption with evidence. The things that are considered evidence is vague. Since parent is retired has no W2 or tax transcripts, has same active bank account throughout, and a residence with active mail received at residence. Have had two attorneys say we have good evidence, and two others who seemed clueless about this particular requirement for continuous residence. 

[OldUser 9,869]

23 minutes ago, Vic1 said:

It automatically flags that as not eligible, but that tool does not take into consideration ability to rebut the presumption with evidence. The things that are considered evidence is vague. Since parent is retired has no W2 or tax transcripts, has same active bank account throughout, and a residence with active mail received at residence. Have had two attorneys say we have good evidence, and two others who seemed clueless about this particular requirement for continuous residence. 

In most cases, the safest approach is waiting until applicant clearly meets the criteria. If they don't care about losing filing fees, they can apply.

Did they keep lease or house during these trips? That's some good evidence.

[Vic1 0]

11 minutes ago, OldUser said:

In most cases, the safest approach is waiting until applicant clearly meets the criteria. If they don't care about losing filing fees, they can apply.

Did they keep lease or house during these trips? That's some good evidence.

Yes, a lease was kept during the trips that were longer than 6 months, including utility bill, and bank account matching the lease address. The other trips, even though less than 6 months. Immediate family ( US citizen spouse, adult kids) who remained in country during those trips. Those are listed as potential evidence. What interesting to me is Im finding out that attorneys are a dime a dozen. Having to consult some and me having to be the one to point out the rules as listed in the policy manual, instead of the attorneys advising me of these rules. 4 different ones and Im finding out this is one section of eligibility that many have little experience with. That said, we dont mind losing filing fees, if that's truly all we'll lose if denied. (E.g threat to losing LPR status if denied) 

[Boiler 47,453]

1 hour ago, Vic1 said:

It automatically flags that as not eligible, but that tool does not take into consideration ability to rebut the presumption with evidence. The things that are considered evidence is vague. Since parent is retired has no W2 or tax transcripts, has same active bank account throughout, and a residence with active mail received at residence. Have had two attorneys say we have good evidence, and two others who seemed clueless about this particular requirement for continuous residence. 

 

Then why are you asking here?

[OldUser 9,869]

26 minutes ago, Vic1 said:

Yes, a lease was kept during the trips that were longer than 6 months, including utility bill, and bank account matching the lease address. The other trips, even though less than 6 months. Immediate family ( US citizen spouse, adult kids) who remained in country during those trips. Those are listed as potential evidence. What interesting to me is Im finding out that attorneys are a dime a dozen. Having to consult some and me having to be the one to point out the rules as listed in the policy manual, instead of the attorneys advising me of these rules. 4 different ones and Im finding out this is one section of eligibility that many have little experience with. That said, we dont mind losing filing fees, if that's truly all we'll lose if denied. (E.g threat to losing LPR status if denied) 

No attorney will guarantee outcome. The problem is, there's a lot of discretion involved and no black and white answers. One person applying will be OK, while other denied. Break in continuous residence does not result in losing LPR status per se. Losing status typically occurs when the ties are weak and resident spends way too much time outside the US.

[Vic1 0]

5 minutes ago, Boiler said:

 

Then why are you asking here?

Because none of the attorneys Ive consulted have ever dealt with such a case, so its also speculation and trying to make reasonable guesses on their part if we have enough evidence. Also, as alluded in my response to Oldman, it took me bringing up specific sections in the policy manual to the attorney for them to say we can apply. So asking here in case anyone knows of similar cases where an applicant was successfull and what evidence they used. 

[Boiler 47,453]

These were Immigration Lawyers? I do not understand why they cant apply.

[Vic1 0]

13 hours ago, Boiler said:

These were Immigration Lawyers? I do not understand why they cant apply.

Yes these were all Immigration lawyers. I have not been able to find an immigration lawyer that has actual experience of representing such a case where continuous residence was in question and who has experience gathering and presenting evidence to rebutt the presumption of abandonment based on travel history. 

[Boiler 47,453]

I would imagine most people wait until they are eligible, but if they want to roll the dice they can certainly apply despite what these Lawyers said.

[Nevada16 17]

On 7/13/2025 at 10:33 PM, Vic1 said:

Yes, a lease was kept during the trips that were longer than 6 months, including utility bill, and bank account matching the lease address. The other trips, even though less than 6 months. Immediate family ( US citizen spouse, adult kids) who remained in country during those trips. Those are listed as potential evidence. What interesting to me is Im finding out that attorneys are a dime a dozen. Having to consult some and me having to be the one to point out the rules as listed in the policy manual, instead of the attorneys advising me of these rules. 4 different ones and Im finding out this is one section of eligibility that many have little experience with. That said, we dont mind losing filing fees, if that's truly all we'll lose if denied. (E.g threat to losing LPR status if denied) 

They live with me for 7 months and help providing childcare to my kid. Thanks for your response.

[Vic1 0]

16 hours ago, Boiler said:

I would imagine most people wait until they are eligible, but if they want to roll the dice they can certainly apply despite what these Lawyers said.

Yea, after reading what you and OldUser said, and researching more, I think we're going to roll the dice and apply. And its what my father wants to do, he says while he still has the mental capacity to do so (he has health issues that are starting to affect cognition) And one lawyer says we should try . He is eligible with the grey area of continuous residence and proving continuous residency. Because they are vague on what counts as satisfactory evidence like Olduser has said, it can go either way- just depends on how well you argue or present your case. My mother is a US citizen for over 20 yrs, so my father could use the 3 yr marriage rule where his trips have lasted less than 6 months each of those years, however even though they've been married 46 yrs, in the last three years they have moved in with me due to health issues, and therefore have no joint bills, no joint accounts or joint lease, or joint taxes etc that are required for marriage based citizenship so between the two we think maybe 5 year provision would be "easier"  Anyway, I appreciate the responses and will update here on the outcome.

[OldUser 9,869]

12 minutes ago, Vic1 said:

Yea, after reading what you and OldUser said, and researching more, I think we're going to roll the dice and apply. And its what my father wants to do, he says while he still has the mental capacity to do so (he has health issues that are starting to affect cognition) And one lawyer says we should try . He is eligible with the grey area of continuous residence and proving continuous residency. Because they are vague on what counts as satisfactory evidence like Olduser has said, it can go either way- just depends on how well you argue or present your case. My mother is a US citizen for over 20 yrs, so my father could use the 3 yr marriage rule where his trips have lasted less than 6 months each of those years, however even though they've been married 46 yrs, in the last three years they have moved in with me due to health issues, and therefore have no joint bills, no joint accounts or joint lease, or joint taxes etc that are required for marriage based citizenship so between the two we think maybe 5 year provision would be "easier"  Anyway, I appreciate the responses and will update here on the outcome.

5 year rule will be easier in this regard.

3 year rule can be very strict when it comes to living together in marital union.

Good luck!

[Crazy Cat 44,416]

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