caustaxguy

Thank you. To answer your question, 120 days were more like - 40, 50, 10, 10, 10 over separate visits although all of them were by LPR (USC spouse did not accompany).

By the time I apply for the N400, I would have spend ~120 days outside the U.S. without my USC spouse while visting my relatives abroad. Once eligible, I would like to apply under the 3 year rule. Before my arrival in the U.S. as LPR, we cohabitated for 6+ years abroad (joint lease, joint bank accounts, co-mingled finances, etc.- the evidence for which was shared during the I-130 application). We have maintained cohabitation, joint finances, joint lease, etc. while living in the U.S. and have a U.S. born USC child together as well. My question is that since I will have ~120 days apart, am I still good for the 3 year "living in marital union" condition given cohabitation after marriage but prior to arrival in the U.S. as LPR or do I have to make sure I wait additional ~120 days in the U.S. before applying to offset those days I spent outside the U.S. before I apply? Thanks!

Thank you so much. Unless I am mistaken, I believe that you are indicating that there are more comprehensive conditions for maintaining LPR status (per your shared link) than just focusing on the travel days. I mentioned travel days primarily because I think I am ok in terms of other conditions (filing change of address, filing taxes as LPR, job in the U.S., ties to the U.S., actually living in the U.S. etc.). Thanks again!

Thank you everyone. Also, a follow-up, if I may. This upcoming trip would take my total days outside the U.S. in 2024 to around 70. Previous trip was around 50 days. My understanding is that as LPR we: 1) Need to spend at least 180 days per calendar year in the U.S. 2) No single trip longer than 180 days outside the U.S. 3) Maintain primary residence and ties to the U.S. (job, kids, house etc.) Folks, please confirm that my above understanding is correct (both in terms of physical presence in a calendar year and time away in one single trip). Also, please add any conditions applicable to LPRs that I may have missed above. As I said, this upcoming trip will put my total days outside the U.S. in 2024 to around 70 days. Although under 180 days, could this cause additional questioning etc. by CBP? or does that happen if total travel days are much more closer to 180 days? Thank you so much for all your responses. They are really helpful!!!!

Thank you. I might be locked out of my work computer during parental leave. If asked, how can I prove my active employment in the U.S.? Should I ask for a letter from HR? Also, I have my child's birth certificate copy and active lease (co-signed with my spouse).

@Ryan H @TBoneTX @Penguin_ie @pushbrk

OP here - LPR on IR1 10 yr GC. Wondering if it is OK to visit relatives in country of origin while on parental leave? US born USC child will stay back in the U.S. with USC spouse during my visit abroad which will last 2-3 weeks. My spouse and their family will support and care for the little one, we also have daycare lined up. My concern is that is there any restriction on traveling for visiting family while on parental leave instead of regular vacation/time off from work? Would CBP ask upon reentry why was I traveling abroad while on parental leave? Does this travel conflict with any of my LPR conditions and would it have any impact on my future N400 application? Thanks!

My spouse moved to the U.S. from Canada in 2022. For ~5 months they worked in Canada and towards the end of the year started working for U.S. employer. I have several questions. It would be great if you could address them by the point number mentioned below so I can track what your answer is referring to. Thanks! 1. My spouse will be outside the U.S. till the tax deadline, can the taxes be filed completely online from outside the U.S.? Please note this is the first time my spouse is filing U.S. tax so not sure if paper filing with wet signature(s) is REQUIRED? 2. If yes to 1, how does one file online? If no, can it be couriered from outside the U.S.? 3. What is the correct way to file the taxes? Claim Foreign tax credit on all taxes paid on income earned in Canada during ~5 months worked there? 4. I heard that when you leave Canada permanently, you need to mention that in the Canadian taxes. Can someone please explain that and if that has any impact on the U.S. filing? Here's is what we are planning to do. U.S. taxes ---------------- - Claim foreign tax credit on all taxes paid in Canada. - File Form 1040, FABR, Form 8938, Form 1116 (Are we missing any forms? - my spouse has Canadian Bank account and RRSPs, hence FBAR and Form 8938) - File online using commercial tools (does H&R Block file all these forms online?) Canadian taxes ------------------------ - File taxes normally - report the U.S. (foreign) income and the U.S. (foreign) taxes paid - Any other requirements since my spouse left Canada permanently for the U.S.? Thank you for all your valuable input.