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lucas_34

Could there be a problem to obtaining citizenship

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Filed: IR-1/CR-1 Visa Country: Poland
Timeline

Here is what I am potentially worried about - GC since Jan.10, 2005, earliest ability to apply for citizenship October 10, 2009 based on 5 year rule. Not married to the US citizen, never been. Time spent outside US:

- 1 trip that lasted 176 days (back to home country for work to the US employer setting up their offshoring business and a new subsidiary of the US entity)

- return back to the US for 10 days to visit my niece

- 1 final trip back for a period of 150 days to finalize work for the US employer

- move back to the US for good

- since then multiple 1,2,3 week personal trips to home country that should be fine.

Physical presence in the US - definitely more than 30 months total

Never been out the US for more than 6 months nor 1 year

During those two lengthy trips applied and received Re-Entry Permit valid for 2 years, but returned it back to the USCIS after 10 months.

Maintained US address throughout the whole time, all taxes paid and foreign income claimed in the US, employment outside US with US home address, US phone bills, credit card bills paid during those two lengthy absences from the US.

Could there be a problem? Thanks for all your answers.

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Looks good to me!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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If no serious crime commited, then you should be fine. All those questions that you have to check yes or no, be very careful about question 34 to 39, you're suppose to answer yes.

N-400

5/29/2010 - USPS Express Mail Out N-400

6/2/2010 - Priority date

6/9/2010 - Check cashed

6/11/2010 - NOA in my mail box

6/17/2010 - Able to see case status "Initial Review"

6/18/2010 - LUD

7/2/2010 - Called mis-information line to put in a service request for STILL HAVEN'T RECEIVED "FP NOTICE"

7/8/2010 - LUD, at 2:32am, received text msg and e-mail for req. for add'l evidence being mailed out on July 6th, believe it's for the FP

7/12/2010 - Received FP notice in mail, scheduled for 8/2/2010

7/15/2010 - Walk in FP

7/22/2010 - Online status changed to "Case sent to local office for interview schedule"

7/27/2010 - Received interview letter for 8/23/2010

8/23/2010 - Passed interview, was informed that next oath date is 9/22/2010 and oath letter will come in the mail

9/3/2010 - Received oath letter in the mail for 9/22/2010

Disclaimer: All comments, advice and information are given out by my kind intention, please use them at your own risk and do not hold me liable or responsible for any inaccuracy.

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Filed: Citizen (pnd) Country: Australia
Timeline
Could there be a problem? Thanks for all your answers.

It look's like you have everything covered - but, it is possible that the IO will quiz you about those two lengthy absences, with such a short period between them. It is good that you seem aware of the issues that may be raised.

Even though it is not a requirement, it would be wise to have tax returns covering those years, to show US taxes paid on the income earned - also, take all the proof you can muster that you maintained residency during those periods. I had two lengthy absences on my application - from memory, about 165 days & 150 days (however mine were spaced well apart). Other than checking they actually were under 6 months, the IO did not query them all all - I was working for US companies overseas during that time, but it didn't even come up.

Worst case scenario is that the IO decides you did not maintain your residency (despite all your proof), and you are not approved - you will them just have to wait and reapply at a later date (plus, more $$ again).

N400 at California SC, Field office- Los Angeles

Sep 3, 2007 Application Mailed

Sep 12, 2007 - Priority date

Nov 9,2007 - check cashed

Nov 20,2007 - NOA1: "expect to be notified within 425 days of this notice",

Jan 10, 2008 - fingerprints appointment (letter lost due to mailing address receipted incorrectly)

Feb 7, 2008 - fingerprints done (took about 10 min - as a walk-in)

Sept 8, 2008 - Interview date (letter received Jul 18) - rescheduled at my request

Jan 6, 2009 - Interview date

Feb 26, 2009 - Citizenship Oath

*online status "case received Oct 29", no touches showing.

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Filed: Citizen (pnd) Country: Canada
Timeline
Could there be a problem? Thanks for all your answers.

It look's like you have everything covered - but, it is possible that the IO will quiz you about those two lengthy absences, with such a short period between them. It is good that you seem aware of the issues that may be raised.

Even though it is not a requirement, it would be wise to have tax returns covering those years, to show US taxes paid on the income earned - also, take all the proof you can muster that you maintained residency during those periods. I had two lengthy absences on my application - from memory, about 165 days & 150 days (however mine were spaced well apart). Other than checking they actually were under 6 months, the IO did not query them all all - I was working for US companies overseas during that time, but it didn't even come up.

Worst case scenario is that the IO decides you did not maintain your residency (despite all your proof), and you are not approved - you will them just have to wait and reapply at a later date (plus, more $$ again).

Yes it is definatly possible as short trips back to the US usually don't mean anything to the IO. So in most regards it seems you were out for 10 months. Many people try to scam the system this way by comming back for a short duration thinking that it will reset the clock which in most cases the IO will catch on.

Now in your situation, working for a US company abroad is a huge bonus and because of that there probably won't be an issue, plus you had the Re-Entry permit and have proof of all your ties to the US.

So in your case I don't think there will be any problems at all. Unlike a lot of people who don't have any of the things you mentioned that come back for a short trip and leave again for another 5 months etc...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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Filed: IR-1/CR-1 Visa Country: Poland
Timeline

Thank you all very much for your replies. Since, I still have a few months ahead of me, I simply want to make sure what evidence I need to think of and collect to prepare myself in case and/or if this question comes up. Indeed, I did work for the US company abroad and in my opinion maintained all ties with the US. After all, I did not have to apply for a Re-Entry Permit if I was not sure if I want to go back to the US or not. But I did as I knew right from the beginining that this trip was only for a short period of time. Many thanks to everyone!

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