PHYSICAL PRESENCE REQUIREMENT

[Papan]

Hello,

I am writing again after a long time. I have benefited from valuable advice from this forum.

My wife and I received our GC in 2009 and our children in 2010. While the children became eligible and has already become citizens in 2015, my wife and I still do not meet the 30 months physical presence, since we frequently traveled abroad for 4-5 months at a stretch in the first 4 years. We stabilized and remained in the country since June 2014, although, went abroad this year for 66 days. We will fulfill the 900 days physical stay requirement around July/August this year. My questions are:

1. Will our frequent visits abroad lasting almost 5 months each time, be an issue when we apply for citizenship? 

2, Can we apply immediately, we fulfill the 900 days?

3. Lastly, after getting citizenship, as US citizen are there any restrictions on travel, stay or taking up jobs abroad? 

Papan

[JoeF]

USCIS  has an eligibility worksheet on their website.

US citizens can travel and live abroad as long as they want, but always have to pay US taxes.

[Papan]

Thank you Joe for your response. I am a bit confused now. The USCIS website, eligibility requirements for physical presence mentions 30 months in the US, which I believe I will be in the next 3-4 months. But the worksheet, which I checked has a question, I have NOT been outside of the US for more than 30 months in the last 5 years, if no, then you are not eligible. I will be obliged for an explanation, perhaps need to look at the legal provisions.

[Papan]

I think I figured it out.  Out of 60 months, if one has to complete 30 months physical presence within US he cannot possibly be out of US for more than 30 months. The key here is the 60 months immediately preceding the date of N 400. Therefore in my case I realize I will have to allow a little more lapse of time and be physically present. 

[Ronin6969]

I'll be grateful if I receive some help with the following query. I have been US permanent resident since 2009 through marriage to a US citizen. In 2014 unfortunately I divorced. I applied for US citizenship in January 2016 and my interview has been scheduled in mid-May. However, in the last five years I spent 647 days abroad. I never stayed more than six months outside the US, but I was employed by the British firm before it was acquired by the US company in December 2012. As such I had a UK work visa. I filed taxes twice in Britain, but it is my understanding that there is tax treaty between UK and US to avoid double taxation, so that part should be fine. Throughout this period I demonstrated that I had no plans to abandon my US permanent residency. My question is will my temporary employment in UK (I returned to States in May 2013) derail my application for US citizenship? Many thanks in advance. 

[JoeF]

Did you ALSO file US tax returns? As a Permanent Resident, you absolutely need to file US tax returns. The tax treaty makes sure that you aren't taxed double, but you still have to file US tax returns.

Not filing US tax returns can be seen as abandonment of the GC.