So I have a been a US LPR through marriage since August 5th 2016.
I plan to go back to the UK in October 2017 (this will I will need 5 more months to meet physical residency) for a while to sort my kid's birth and British Citizenship out but will be back in December 2017 to stay here for 2 more months and leave 1st week of March 2018.
This will leave me with 3 more months to meet physical residency. If I leave the US from March 2018 to say July 2018, I am still within the 6 months so I don't break residency. I'll come back for summer vacations etc for a month, then this will leave me 2 more months to meet physical residency.
If I come back on February 2019 and stay here 3 months (must be present in the US for at least 3 months prior to citizenship application) this will satisfy my physical residency, and will take me up to the earliest date I can apply for citizenship which is May 7th 2019.
If I stayed out for more than 6 months can I use tax returns, apartment rental receipts and bank statements to prove ties/continuous residency?
You will not be able to obtain citizenship that way. Before you do anything, you need to retain an experienced immigration attorney. Immigration law is changing almost daily now and it is unwise to put it charitably to try to represent yourself in an immigration matter. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.
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You must maintain continuous residency to obtain your US Citizenship. If you go in and out of the country several times and only coming back into the country to stop the break in residency, USCIS will see what you are doing and could decline your application. If you must go in and out of the country, you should consult with an immigration attorney to discuss your situation.
This answer is for informational purposes only. It does not establish an attorney client relationship.
USCIS will make its own discretionary determination about what constitutes a break in continuous residence - which is NOT what you put on papers such as your tax returns, it's defined as your actual primary place of abode in fact, i.e. where you go home & go to sleep at night. If you are spending months at a time in the UK, they could decide you have broken continuity and must restart the 5-year clock.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
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