Target 2021 R2i but already started

MunnaBhaiNRI · Post by **MunnaBhaiNRI** » Wed Aug 29, 2018 11:43 pm

Mine is a weird situation.
While I plan on COMPLETELY R2i (even its also not clear about COMPLETELY) while I have already started on it. Read it below and bash me (in a constructive bashing)/correct/suggest the right way, you experts!!!
Victim of 16 years of GC waiting, finally got it on 2016, will be eligible for USC early 2021.
Have been in US for over one and half decade, I made a wife, two kids on this soil.
No house, all cash reserve, low profile maintenance and a typical middle class Tech worker in Silicon Valley. Never worked for any Indian Company anywhere in this world.

Due to two gurl kid's and by observing other kids of family/friends, me and my wife have been planning to move back due to growing kids, their future etc.
So, finally kids and wife are visiting India for summer holidays, got two kids admitted to the local schools. Elder kid is going to continue there with her grand parents care while wife and younger kid will come back (she want to keep her Green Card valid for USC). She stays here till next school year starts and then cycle through the same pattern(back to US within 6 months and go back when school starts) till we both can USC (in 2021) and then I will wind up everything here in US and go.

I know this is not a typical plan for R2i but Just want to see if there is something I need to consider, correct, be careful about it.

crazyforger · Post by **crazyforger** » Wed Aug 29, 2018 11:51 pm

MunnaBhaiNRI;680020
Due to two gurl kid's and by observing other kids of family/friends, me and my wife have been planning to move back due to growing kids, their future etc.

Can you please elaborate a little bit on this?

techynt · Post by **techynt** » Thu Aug 30, 2018 6:45 am

Residency rules maybe very strict, not sure if they count exact days to make it 5 year residency requirement.

"Therefore, you must be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing N-400, Application for Naturalization."

https://citizenpath.com/citizenship-requirements-5-year-permanent-resident/

Kind of hard to read but spend some time see if you can understand the fine print. Maybe someone in this forum has done this, if so please chime in, if 5 year residency means, you can stay out for 5.5 months every year and still file for USC after completing 5 years, or will they subtract the days you were out?

never mind, found it, looks like its ok to be out for less than 6 months. but maybe 30 months before filing citizenship application is required, not sure though.

https://citizenpath.com/continuous-residence-physical-presence-requirements/

[h=5]Example 1: Maria[/h]

MunnaBhaiNRI;680020Mine is a weird situation.
While I plan on COMPLETELY R2i (even its also not clear about COMPLETELY) while I have already started on it. Read it below and bash me (in a constructive bashing)/correct/suggest the right way, you experts!!!
Victim of 16 years of GC waiting, finally got it on 2016, will be eligible for USC early 2021.
Have been in US for over one and half decade, I made a wife, two kids on this soil.
No house, all cash reserve, low profile maintenance and a typical middle class Tech worker in Silicon Valley. Never worked for any Indian Company anywhere in this world.

Due to two gurl kid's and by observing other kids of family/friends, me and my wife have been planning to move back due to growing kids, their future etc.
So, finally kids and wife are visiting India for summer holidays, got two kids admitted to the local schools. Elder kid is going to continue there with her grand parents care while wife and younger kid will come back (she want to keep her Green Card valid for USC). She stays here till next school year starts and then cycle through the same pattern(back to US within 6 months and go back when school starts) till we both can USC (in 2021) and then I will wind up everything here in US and go.

I know this is not a typical plan for R2i but Just want to see if there is something I need to consider, correct, be careful about it.

wd40 · Post by **wd40** » Thu Aug 30, 2018 6:59 am

So you lived all this while in US on an Indian passport and now that you are getting a US passport, you want to R2I. What is this logic?

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plansup · Post by **plansup** » Thu Aug 30, 2018 7:12 am

I think one can explain 13 1-month trips over 5 years, but will be difficult to explain 5 6-month trips.

This will definitely raise question which will need an answer other than I love India so much that I want to spend max amount of time there.

techynt;680026Residency rules maybe very strict, not sure if they count exact days to make it 5 year residency requirement.

"Therefore, you must be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing N-400, Application for Naturalization."

https://citizenpath.com/citizenship-requirements-5-year-permanent-resident/

Kind of hard to read but spend some time see if you can understand the fine print. Maybe someone in this forum has done this, if so please chime in, if 5 year residency means, you can stay out for 5.5 months every year and still file for USC after completing 5 years, or will they subtract the days you were out?

never mind, found it, looks like its ok to be out for less than 6 months. but maybe 30 months before filing citizenship application is required, not sure though.

https://citizenpath.com/continuous-residence-physical-presence-requirements/

Example 1: Maria

Jan 1, 2000 ? Maria becomes a permanent resident through family.
Jan 1, 2000 to Jan 1, 2005 ? Maria makes 13 trips to Mexico of 1 month each. (So each trip was less than 6 months, but her cumulative trips total 1 year and 1 month).
Maria meets the continuous residence and physical presence requirements on Jan 1, 2005.
Maria can apply for naturalization on October 1, 2004; that?s 90 days before Jan 1, 2005. The 13 different 1-month trips did not disrupt her continuous residence because none of those trips lasted 6 month or more.

techynt · Post by **techynt** » Thu Aug 30, 2018 7:49 am

This is natural, because finally we get the golden ticket to come back to USA anytime we want to. Also once you are invested 5-7 years in GC process its hard to give up, but after you get the GC, you get your wings...and want to fly free...

there are so many people who have successfully done R2A since they had USC. Without that you have to again go through the H1 process.

wd40;680027So you lived all this while in US on an Indian passport and now that you are getting a US passport, you want to R2I. What is this logic?

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wd40 · Post by **wd40** » Thu Aug 30, 2018 8:51 am

techynt;680032This is natural, because finally we get the golden ticket to come back to USA anytime we want to. Also once you are invested 5-7 years in GC process its hard to give up, but after you get the GC, you get your wings...and want to fly free...

there are so many people who have successfully done R2A since they had USC. Without that you have to again go through the H1 process.

I still find it odd and Indians are notorious for this and get bad name. We collect citizenships/residencies and then instead of really using it, we treat it like an insurance policy. Someone more deserving should have got it and they would have lived in the US forever and cherished that passport.

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crazyforger · Post by **crazyforger** » Thu Aug 30, 2018 10:08 am

wd40;680033I still find it odd and Indians are notorious for this and get bad name. We collect citizenships/residencies and then instead of really using it, we treat it like an insurance policy. Someone more deserving should have got it and they would have lived in the US forever and cherished that passport.

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I think we do it better. The ultimate goal is to become a global citizen.

techynt · Post by **techynt** » Thu Aug 30, 2018 7:00 pm

wd40;680033I still find it odd and Indians are notorious for this and get bad name. We collect citizenships/residencies and then instead of really using it, we treat it like an insurance policy. Someone more deserving should have got it and they would have lived in the US forever and cherished that passport.

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More deserving or more desperate?

Remember in meritocracy, the most deserving candidates are given the most options and they also get most freedom to choose what to do with it.

People in online forums were pissed at me for taking Australia PR as backup, but nobody will come bail me out if things would have gone south with any of my stuff.

We live in a world of take care of our shit and create your own backups, nobody gives a shit if your family becomes destitute.

MunnaBhaiNRI · Post by **MunnaBhaiNRI** » Fri Aug 31, 2018 1:39 am

crazyforger;680022Can you please elaborate a little bit on this?

This is the question that I am just expecting and you are in the same lines of mine.
We(wife and me) have been debating for around the last 3 years about what we want and what we get over a period of several years from now(from family stand point, not financial stuff). Kids(especially girl's) options when they grow Vs what is the extent that we can modernize our minds Vs what would be the modernized environment that they would fall around By living here in US Vs India. Did few experiments(sent kid to India during each summer holidays and had her to join the local school for 3 months or so etc) in these three years, evaluated/observed many similar kid's career/growth in and around family here. Finally decided to take our Trial-and-error path to the next level this year.
I know that I didnt answer too crisp and clear of what you are looking for but I gave an abstract idea of our thought process and priorities. I dont want to have this thread hijacked with the personal opinions only discussion beyond what you have asked in a simple terms. Many thanks for that question.