destone

My plan is to apply for naturalization as soon as I am eligible in 2026.

During this three-year window I'd like to increase contact with my daughter who lives in England.

At the moment I spend ~60 days/year (that is all the trips combined) in the UK (no other trips from the U.S. to abroad) and would like to increase this to ~140 days with this cadence: 8 days in the UK, followed by 13 days in the U.S, and repeat on and on.

During these three years, I'd be employed by the same U.S. company, I'd have my U.S. home, U.S. car payments, U.S. bills, U.S. credit cards etc.

Is my plan workable from a naturalization perspective?

S Folinsky

You do not provide your daughter’s age. If she is a minor, what financial support do you provide?

S Folinsky

Just to add - in 40 years of practice, I never observed that the natz examiners were concerned with time of child visitation like they were with financial support. It makes me wonder about findings of moral turpitude.

Pulaski

I think his primary concern is the amount of time, and frequency, spent outside of the US, and that he only mentioned his daughter to explain why he is travelling out of the US.

At least that was how I read post #1.

destone

Yes, she is a minor, and I pay ongoing child maintenance/support. My daughter has a LPR card in her possession although probably she has lost her LPR status as she has been away from the US for two years. Since she doesn't have SSN I am unable to claim her as a dependent.

And correct, I am concerned with regards to the amount of time and frequency.

tht

Good to hear you found a new job so fast… it was 3 weeks ago your were filing unemployment insurnace in CA.

I did something similar to this (except I was commuting 3 times a month for work to the UK) when I first became a LPR. I can’t really help on your main question, I waited (mainly for 3rd country reasons) to apply for Citizenship, so the 5 years of travel I included on my N-400 did not have all all that travel shown.

in terms of total days and max length of time away from home it sounds like it should not be an issue. If you are doing it right at 5 years, I assume that will show you changed jobs from your sponsoring employer, but since they initiated that I can’t see why that would be an issue.

Rete

I take it she is in the legal custody of her mother or some other member of the family. Did she complete an I-131 before leaving which would have allowed her to be out of the US for up to 2 years for say education? Why doesn't come to visit you in the US and while here apply for her SS card.

destone

Thanks, I got a new job starting at the end of May. In total, I'm unemployed for three months. I was told this would have no bearing on the naturalization. You bring up a good point: the first two years of the five year period is less heavy on travel, and so my situation would a reverse compared to yours in that regard.

Yes, the mother has legal custody due to the distances involved. My daughter currently spends 15% of the year with me which I am intent on increasing to 40% of the year, and would like to ensure that this will not interfere with my naturalization plans. No I-131 was completed and she is too young for it to matter. For that reason, she is unable to visit me in the US while I am in LPR status. Once she gets older, I'll be a US citizen (hopefully).

Pulaski

Huh?

Is that something to do with your separation agreement/ divorce, or some aspect of US immigration law?

destone

It is to do with the un-cooperation of my daughter's mother. Technically speaking, she could visit me on ESTA given that her LPR status has probably elapsed. She is too young for me to petition to English courts to permit international travel.

S Folinsky

From experience I can tell you that when a non-custodial parent applies for naturalization, the Government is concerned about payment of child support related to the requirement to demonstrate good moral character. Hence my initial responses.

You may want to examine the issues related to your daughter including possible derivative naturalization as a U.S. citizen. Some consider this to be undesirable “accidental citizenship” while others consider it to be a good thing.

In practice, I found it a tad strange for a child to obtain an immigrant visa off an AmCit parent and upon entry on the visa, LPR status instantly disappeared by derivative naturalization.

Pulaski

I don't think there's any "technically" about it. If you are in the US, legally (citizen, LPR, or visa holder) or otherwise, there is no reason in US law that your daughter could not visit you. If she is a minor her mother would need to make arrangements with the airline if she is travelling alone, and I think that airlines set a minimum age for unaccompanied children.

S Folinsky

Both the US and the UK are parties to The Hague Convention on Child Abduction.

Back in 1982, New Zealand was not a party to the Convention and in the famous Elizabeth Morgan, Hillary Froetich case the NZ courts thumbed their nose at the US Courts and gave an imprimatur of approval to the international kidnapping by the child’s grandparents.

destone

This is helpful, thanks. I suppose non-payment becomes an issue. As long as I can demonstrate compliance (court order and bank statements) I imagine I should be OK?

Very insightful, thanks. I definitely need to retain an immigration lawyer who can help me with this closer to time.

I need the mother's permission for my daughter to travel abroad and that's not going to happen unless I petition the English courts and they decide in my favor.

Pulaski

And what does that have to do with your immigration status in the US, whether LPR or otherwise?