QUOTE(Henia @ Oct 19 2006, 09:04 AM)
Hello everyone
I have a question regarding my n400. I filed the app this past summer and am awaiting back a response and I believe i have no *tricky things* that could get me denied...pretty clear cut case I think.
Also this fall I got married to non-USA citizen and non-green card holder. Currently I am living with him...not in the US. Of course I am a green card holder now and know that I have return to the US before 6months time (or least this is what I know...laws change all the time so...) to retain my 'resident alien' status...
We are not sure yet if we will (ever) for him for live in the US, we feel pretty great where we are now...
but I would like to gain the US citizenship just since I went through the whole immigration process for several years and would like to feel I went through for *something*...also ya never know might come in handy someday. So basically I have 2 questions here:
- Is there any way to stay aboard longer then 6months without reentering the US without risking losing resident status?
- If I am away from the US up to 6months, how will this affect my n-400 case?
Thank you all for any input in this matter...
You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a ?nonimmigrant? on your tax returns.
When you applied for naturalisation, was it on the basis that you were a permanent resident for 5 years (application submitted 90 days prior) or on the basis of a former marriage to a US citizen?
Residence and Physical Presence An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence;
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months