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If I have 182 days outside the US on a trip but my wife and…

If I have 182 days...
If I have 182 days outside the US on a trip but my wife and children remained in the US and I was sending them money for the bills, do I need to do anything apart from filling and submitting my form
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7/14/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,050
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions.

Are you referring to filing an N-400?

Judith

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Welcome to JustAnswer! I have 39 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

In addition to showing your family support here in the US you need to show other proof of your having an unexpected circumstance that prevented your return before 6 months of absence such as maintaining a home here, employment, ownership of an auto, auto insurance, health insurance, etc.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,050
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
I am not clear on the answer. I maintained a home here. But did not have employment because I just arrived then and hadn’t gotten any job despite several applications, no car, no insurance. But I have all that now.

Are you saying you immigrated and then left the US before having found a job and returned out of the country to work there to support your family?

Judith

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Customer reply replied 1 month ago
What does it cost to talk to you directly on phone and, if affordable, possibly guide me through the entire process?

I can give you an offer.

In the meantime, read this quote from and article published for immigration lawyers:

"To overcome this presumption, an applicant should present evidence that the trip, although longer than 6 months, but less than 1 year, was indeed temporary and that the applicant retained ties with the United States throughout the relevant period. Evidence of all of the following would be important to provide to rebut the presumption: (1) continuing employment in the United States; (2) immediate family remaining in the United States during the applicant’s time abroad; (3) retention of full access to the applicant’s residence in the United States; and (4) that the applicant did not find a new job while abroad.13 Alvear v. Kirk, 87 F.Supp.2d 1241 (D. New Mexico. 2000), illustrates how specific the evidence of continuous residence may need to be to overcome the presumption. In Alvear, the court found that the applicant failed to overcome the presumption that his trips of longer than 6 months did not break his continuous residency even though Mr. Alvear provided evidence of multiple purchases of property in the United States, evidence of his children’s birth and residence in the country, and his current residence in New Mexico. The court found this insufficient because Mr. Alvear did not indicate how long he lived at his current residence, and included no proof of his actual physical residence or principal dwelling place in the United States during the 5-year statutory period. Although Mr. Alvear could establish his physical presence in the United States during the statutory period, “he [did] not establish the whereabouts of his actual residence.” Id. at 1243 (emphasis in original). Thus, if you think an absence of more than 6 months, but less than a year might cause the USCIS to deny for lack of continuous residence, it may be helpful to provide specific proof with exact dates of residence during the statutory period to overcome the presumption."

Page 3

https://www.ilrc.org/sites/default/files/resources/continuous_residence_practice_advisory_final.pdf

Judith

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Customer reply replied 1 month ago
Can I have a discount on the fee? I will like to talk with you. Also, I was wondering that, since it’s only 2 days more than 180 days, that is it possible to be waived?

If you read what I sent you the person's naturalization application that was denied in the case law was not even out 6 continuous months and worked for a US company.

You need to present strong argument that your principal place of dwelling was in the US.

I'm sorry, the rate is already very low for a lawyer with 39 years experience and I cannot give a discount.

Judith

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
At what time should I expect your call because I want to start driving? Or do you want to send me the number to call? Thanks for your help.

Calling now. Was on long call with another customer.

Juditrh

Ask Your Own Immigration Law Question
Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Thank you for your valuable counsel, Judith.

All the best to you.

Judith

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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