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mightyjosh07

N-400 APPLICATION / AND TIME OUT OF COUNTRY

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TIMELINE: 7/7/06 ARRIVED USA

9/8/06 MARRIED

2/12/07 RESIDENT SINCE

25 DAYS AUGUST 08 BACK TO PHILIPPINES FOR VACATION

5/7/09 10 YEAR GREENCARD RECEIVED

2 QUESTIONS... #1 WHEN CAN I APPLY FOR MY CITIZENSHIP (N-400)??

#2 MY HUSBAND IS MOVING TO INDIA TO START A NEW JOB AUGUST 15.... I WAS GOING TO APPLY NOW FOR MY CITIZENSHIP BUT AM NOT SURE IF I CAN YET. WHAT TYPE OF PROBLEMS WOULD I ENCOUNTER IF I GO WITH MY HUSBAND? I WAS HOPING I COULD APPLY FOR MY CITIZENSHIP NOW AND TRAVEL TO INDIA IN OCTOBER "AFTER" RECEIVING MY CITIZINSHIP.

FROM THE WAY I AM READING OTHER POST IT LOOKS LIKE I WILL HAVE TO WAIT UNTIL MY 3 YEARS LESS 90 DAYS (MID NOV.) COMES.... TO COMPLICATE MATTERS I AM PREGNANT....

ANY AND ALL REPLIES ARE GREATLY APPRECIATED.

THANKS....

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

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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

There it is in black and white on page 1. I apologize for jumping to the wrong conclusion.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Citizen (pnd) Country: Pakistan
Timeline
The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Edited by Kashif

06/08/09 mailed N-400 by Over night mail

06/09/09 Application received

06/09/09 Priority date

06/11/09 NOA1

06/12/09 Check Cashed

07/07/09 Biometric Scheduled

06/23/09 Biometric Done **Walk in**

08/03/09 Interview Letter

09/22/09 Interview Date *** Passed

09/22/09 Letter of Oath

09/29/09 Date of Oath *** Proud US Citizen as of 3:40 PM ***

10/01/09 Applied for Passport Expedite

++++ Application #2 (Spouse)+++++++++++++++++

Sent- Sep 23, 2009 (Lock Box AZ)

Received- Sep 24, 2009

check cashed - Oct 30,2009

1st NOA- Sep 29, 2009 (Received on Oct 3)

PD Date- Sep 28, 2009

FP notice - Sep 12, 2009

FP- Scheduled Sep 27, 2009

FP Done - Nov 2, 2009 ( Requested to reschedule on Sep 14th)

LUD - Nov 9, 2009 ( On line case status Changed - Sent to Local DO for interview Scheduling)

IL- Received Nov 16,2009

ID- Dec 16, 2009

OD-

PP-

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The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Not true - if she has been married to the USC for 3 yrs, resided in the US for 3 years (18 months), has been resident of the district for 3 months, she can apply 90 days before. Unless she does not meet all the conditions required, I don't see a reason why she would not be able to apply 90 days early.


ROC 2009
Naturalization 2010

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Filed: Other Timeline

Hi Mightyjosh07,

Congratulations on your pregnancy! All the best for you and your baby too. By the way, I'm pregnant too (lol..and due next week), so feel free to PM me too, if you want to talk about pregnancy/baby related issues.

By the way, I posted this in another message thread, but I thought it would be helpful to you too...

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years (which for your case would be February 2010)

-Been married to the same USC who has been a USC for 3 years or more (which would be as a 3 year-old, if born in the USA)

-Been married to the same USC for 3 years (which in your case would be September 2009)

-Been residing physically in the USA for 3 years (which for your case would be the earliest February or March 2010, assuming that you don't have any long absences of residency outside of the USA for a very long period of time. Any trips outside of the USA for a long period of time can and will be used against you, especially trips of six months or more which can be considered loss of residency and even your green card)

In your case:

-You can file for US Citizenship, 90 days before 3 years after the "residence since" date on the card. (sometime in November 2009 at the earliest, and any time after that since you can apply for citizenship after...)

For example, in my situation:

I was married in April 2006...and yes, we have been married for 3 years+...but I have not met the other conditions for citizenship

I have been a permanent resident since November 2006.....and it is then that I reach permanent residency for 3 years....

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009, 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps too. Good luck on the rest of your immigration journey and pregnancy journey as well.

Ant

TIMELINE: 7/7/06 ARRIVED USA

9/8/06 MARRIED

2/12/07 RESIDENT SINCE

25 DAYS AUGUST 08 BACK TO PHILIPPINES FOR VACATION

5/7/09 10 YEAR GREENCARD RECEIVED

2 QUESTIONS... #1 WHEN CAN I APPLY FOR MY CITIZENSHIP (N-400)??

#2 MY HUSBAND IS MOVING TO INDIA TO START A NEW JOB AUGUST 15.... I WAS GOING TO APPLY NOW FOR MY CITIZENSHIP BUT AM NOT SURE IF I CAN YET. WHAT TYPE OF PROBLEMS WOULD I ENCOUNTER IF I GO WITH MY HUSBAND? I WAS HOPING I COULD APPLY FOR MY CITIZENSHIP NOW AND TRAVEL TO INDIA IN OCTOBER "AFTER" RECEIVING MY CITIZINSHIP.

FROM THE WAY I AM READING OTHER POST IT LOOKS LIKE I WILL HAVE TO WAIT UNTIL MY 3 YEARS LESS 90 DAYS (MID NOV.) COMES.... TO COMPLICATE MATTERS I AM PREGNANT....

ANY AND ALL REPLIES ARE GREATLY APPRECIATED.

THANKS....


**Ant's 1432.gif1502.gif "Once Upon An American Immigration Journey" Condensed Timeline...**

2000 (72+ Months) "Loved": Long-Distance Dating Relationship. D Visited Ant in Canada.

2006 (<1 Month) "Visited": Ant Visited D in America. B-2 Visa Port of Entry Interrogation.

2006 (<1 Month) "Married": Wedding Elopement. Husband & Wife, D and Ant !! Together Forever!

2006 ( 3 Months I-485 Wait) "Adjusted": 2-Years Green Card.

2007 ( 2 Months) "Numbered": SSN Card.

2007 (<1 Months) "Licensed": NYS 4-Years Driver's License.

2009 (10 Months I-751 Wait) "Removed": 10-Years 5-Months Green Card.

2009 ( 9 Months Baby Wait) "Expected": Baby. It's a Boy, Baby A !!! We Are Family, Ant+D+BabyA !

2009 ( 4 Months) "Moved": New House Constructed and Moved Into.

2009 ( 2 Months N-400 Wait) "Naturalized": US Citizenship, Certificate of Naturalization. Goodbye USCIS!!!!

***Ant is a Naturalized American Citizen!!***: November 23, 2009 (Private Oath Ceremony: USCIS Office, Buffalo, NY, USA)

2009 (<1 Month) "Secured": US Citizen SSN Card.

2009 (<1 Month) "Enhanced": US Citizen NYS 8-Years Enhanced Driver's License. (in lieu of a US Passport)

2010 ( 1 Month) "Voted": US Citizen NYS Voter's Registration Card.

***~~~"The End...And the Americans, Ant+D+BabyA, lived 'Happily Ever After'!"...~~~***

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The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Read the box at the bottom of page 22 of the M-476

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

You can't actually become a citizen until you've finished the full continuous residency requirement, which is why that appears in some guides as the "naturalization requirement". But you can send the paperwork in up to 90 days early. If they process it really fast, you might have to wait a bit to take your oath.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Citizen (pnd) Country: Canada
Timeline

Yes you can apply 90 days before your 3 year LPR derived on marriage based status. Now your only took one trip so if that was the only one and you have lived and maintained residency in the US for the rest of the time, then you should have met the qualifications for continous residency. So that shouldn't be an issue. And yes you got the dates right, 90 days before 2/12/07. Though you probably will want to wait till the 88th day to be sure, many people have had their applications returned for filing on the 90th day exact, delaying them several weeks.

It's never wise to move out of the US especially when applying for citizenship. Since your husband is the citizen (he is correct?) and he is moving for work then you might have some leeway, but you would really need to check into that. A big issue would be you would have to make frequent trips back to the US for the finger prints, interview, oath (if granted) etc at moments notice. People have gotten their FP or interview notices just days before they happen, so that would mean dropping everything in India in a split second, jumping on a plane and getting here for the dates. All while trying to convince the IO that you are not breaking your residency and Green Card status by living with your working citizen husband in India...


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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Yes you can apply 90 days before your 3 year LPR derived on marriage based status. Now your only took one trip so if that was the only one and you have lived and maintained residency in the US for the rest of the time, then you should have met the qualifications for continous residency. So that shouldn't be an issue. And yes you got the dates right, 90 days before 2/12/07. Though you probably will want to wait till the 88th day to be sure, many people have had their applications returned for filing on the 90th day exact, delaying them several weeks.

It's never wise to move out of the US especially when applying for citizenship. Since your husband is the citizen (he is correct?) and he is moving for work then you might have some leeway, but you would really need to check into that. A big issue would be you would have to make frequent trips back to the US for the finger prints, interview, oath (if granted) etc at moments notice. People have gotten their FP or interview notices just days before they happen, so that would mean dropping everything in India in a split second, jumping on a plane and getting here for the dates. All while trying to convince the IO that you are not breaking your residency and Green Card status by living with your working citizen husband in India...

I second all of the above. Especially o[ the 88th day submission/b]


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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