Naturalization based on marriage to a USC (now on DV GC)

[abum 324]

Hi all.

 

I have a question regarding this - if i plan to naturalize using the 3 year rule, what do i need to do? Background info:

 

1. Wife is a natural born USC - left USA at the age of 2 and never stepped foot on US soil ever since then.

2. I got selected for DV lottery, activated the GC Nov of last year (2016). 

3. My eldest child got included in the DV so he has a GC now. (DV3)

4. 2nd child (youngest) was not included and wife is petitioning for him now (I-130)

5. Currently out of the USA and plan to go back to USA this month (just me and my kid - wife still has to work in home country and taking care of the youngest)

6. Planning to get re-entry permit this month too  (I-131) and return to my home country after the I-131 biometric. 

7. Will make a move to the USA some time middle of next year after the petition is approved and visa in hand for the youngest.

 

Now my questions: 

1. Let's just say i arrive on US soil again maybe July next year (July 2018), how soon can i apply for naturalization? 

2. Would having Re-entry permit affects my application?

3. Also once I naturalized using 3 year rule, would my offspring , regardless where he/she is born (obviously out of the USA), be considered as a USC at birth? (i know that the offspring of parents where both parents are USC, will always be a USC IF one of them has been in the USA prior to the birth - but i just want to know that IF, just IF, USCIS considers only my citizenship (via naturalization after being LPR for 3 years), would my child automatically be considered as a USC? Or do i need to spend 5 years as a USC on US soil before that takes place?)

- SIDE INFO, prior to getting a GC, I spent 4 years in the USA on J1 visa years ago, completing my bachelors degree - not sure this period can be counted towards that 5 years being USC rule before my offspring can be considered USC at birth).

 

Thoughts?

Edited September 5, 2017 by abumiqdad

[kzielu 1,147]

1. After being resident for 3 years (-90 days) and being married for 3 years to US citizen spouse.

2. Re-entry permit itself no, but research physical presence requirement as you almost certainly won't meet them anytime soon.

3.If the child is leaving with you, he/she will become US citizen when you do.

 

Btw - as for wife petitioning for your child - does she have tax returns figured out (which she was supposed to be filing being USC and working abroad) ?

[abum 324]

1 minute ago, kzielu said:

1. After being resident for 3 years (-90 days) and being married for 3 years to US citizen spouse.

2. Re-entry permit itself no, but research physical presence requirement as you almost certainly won't meet them anytime soon.

3.If the child is leaving with you, he/she will become US citizen when you do.

 

Btw - as for wife petitioning for your child - does she have tax returns figured out (which she was supposed to be filing being USC and working abroad) ?

1. I have been married for more than 5 years now to my USC wife.

So my LPR status starts in Nov 2016 - but i know i will have to start the calculation once I really migrate to the USA right? Still, i read the requirement that within 3 years, IF i stay in the USA for more than half of that period for as long as each of the absence is no longer than 6 months, i can file for the naturalization. Is that correct?
 

- follow up question, if i migrate July next year, can i start my clock July minus five ( for February 2018) as the date where 3 years start, and by Dec 2020 I can apply for naturalization? (meaning, i will still include the period where i am absent from USA soil in the calculation - where it is less than 6 months Feb-July 2018 is less than 6 months).

 

2. understood this point 

 

3. I plan to apply for their citizenships the moment my wife comes along with us to the USA (there is an Act that allows this).
 

4. I have filed for all due/backdated tax years that my wife had missed - i am under the impression that she only need to file for the year when she start to work and earning income abroad (which is just 4 years back). Will try to get IRS to produce a tax transcript to her.

Oh, i just realized, what do i need to prove/provide as supporting documents if i am applying for naturalization based on my marriage to USC? 

Proof of bona-fide marriage? Joint accounts? living at the same address?

[kzielu 1,147]

You start the calculation from the day you became resident, 6 months being away is one thing, amount of time total being out is another. See 18 / 30 months rule here : https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

Also another question is - were you filing taxes being a resident ?

 

And yes, you will have provide proof of bona fide marriage but that shouldn't be a problem given your marriage length.

Edited September 5, 2017 by kzielu

[abum 324]

13 minutes ago, kzielu said:

You start the calculation from the day you became resident, 6 months being away is one thing, amount of time total being out is another. See 18 / 30 months rule here : https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

Also another question is - were you filing taxes being a resident ?

 

And yes, you will have provide proof of bona fide marriage but that shouldn't be a problem given your marriage length.

1. I did file tax for 2016, albeit IRS returned my form back after 2 months and asked me to re-submit again - so will re-submit next week. I hope it will not cause any issues as i did try to submit my tax.

 

Thank you for the replies @kzielu!

[Mollie09 1,543]

Considering you're not applying for a green card on the basis of your marriage, are you sure you can naturalize using the 3 year rule? That's only for people who applied on the basis of their marriage, not won the DV lottery.

 

Nevermind, seems like it doesn't matter as long as your spouse is a USC.

Edited September 5, 2017 by Mollie09

[abum 324]

I cannot find any section in the naturalization act that says 3 year rule is for people that receives GC based on spousal via (K1 or CR1). 

[Starkilla09 366]

To be eligible for citizenship under the 3 year rule you have to be a lawful permanent resident for 3 years ( the earliest you can apply though is 90 days prior to your 3rd anniversary of being a permanent resident), be married to a U.S. Citizen for atleast 3 years, and your spouse must also have been a U.S. Citizen for atleast 3 years. You seem to satisfy the last 2 requirements, however; your physical presence requirement will be broken if you stay longer than 6 months out of the U.S. at any time even if you use a re entry permit. Once naturalized any of your minor children under 18 who are permanent residents living with you will automatically be U.S. Citizens under the child citizenship act.

[abum 324]

3 hours ago, Starkilla09 said:

To be eligible for citizenship under the 3 year rule you have to be a lawful permanent resident for 3 years ( the earliest you can apply though is 90 days prior to your 3rd anniversary of being a permanent resident), be married to a U.S. Citizen for atleast 3 years, and your spouse must also have been a U.S. Citizen for atleast 3 years. You seem to satisfy the last 2 requirements, however; your physical presence requirement will be broken if you stay longer than 6 months out of the U.S. at any time even if you use a re entry permit. Once naturalized any of your minor children under 18 who are permanent residents living with you will automatically be U.S. Citizens under the child citizenship act.

Thank you for the comment , currently i am trying to calculate the month when i can file for naturalization request IF i arrive back into US soil July 2018. I wonder when is the soonest i can apply if i maintain continuous residence from July 2018.