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A very complicated situation

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Filed: Country: Philippines
Timeline

hello. i'm new to this forum. i didn't know something like this existed if i weren't told by my friend. anyway, i am here in the US as a permanent resident, not yet an american citizen though. my girlfriend and i have been engaged since May of this year

here comes the complications : i first came here in the US way back in 1997 but only stayed for about 14 days and went back to the philippines to continue studying in college. every year, i visit the US for about 1-2 weeks then go back again to the philippines. these visits to the US were made before i made a full 1 year stay in the philippines. unfortunately, from the date of my last visit to the US in 2005 and to the date when i finally decided to stay here in the US in september 2006, is more than a year (about 16 months).

now, i'm confused.

1. when will i be able to be an american citizen?

2. what are your recommendations so that i can take my future wife with me here in the US?

i really don't know what to do. please help

Edited by VJautodc
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Filed: IR-1/CR-1 Visa Country: Syria
Timeline

wow...can you call USCIS and talk to them?

Timeline:

Sent in I-130 form: 01/29/09

Interview Date: 11/08/09 (APPROVED!)

Visa in Hand: 11/12/09

POE: 01/30/10 (!!!!) at JFK Airport in NYC... can't wait!

Got the green card maybe 8 weeks after 01/30/10...

TBC....

======================================================================

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hello. i'm new to this forum. i didn't know something like this existed if i weren't told by my friend. anyway, i am here in the US as a permanent resident, not yet an american citizen though. my girlfriend and i have been engaged since May of this year

here comes the complications : i first came here in the US way back in 1997 but only stayed for about 14 days and went back to the philippines to continue studying in college. every year, i visit the US for about 1-2 weeks then go back again to the philippines. these visits to the US were made before i made a full 1 year stay in the philippines. unfortunately, from the date of my last visit to the US in 2005 and to the date when i finally decided to stay here in the US in september 2006, is more than a year (about 16 months).

now, i'm confused.

1. when will i be able to be an american citizen?

2. what are your recommendations so that i can take my future wife with me here in the US?

i really don't know what to do. please help

I. How did you get your GC and how long have you had it?

Is your GF in the Philippines not a US citizen?

Edited by Haole

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

!! ALL PAU!

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hello. i'm new to this forum. i didn't know something like this existed if i weren't told by my friend. anyway, i am here in the US as a permanent resident, not yet an american citizen though. my girlfriend and i have been engaged since May of this year

here comes the complications : i first came here in the US way back in 1997 but only stayed for about 14 days and went back to the philippines to continue studying in college. every year, i visit the US for about 1-2 weeks then go back again to the philippines. these visits to the US were made before i made a full 1 year stay in the philippines. unfortunately, from the date of my last visit to the US in 2005 and to the date when i finally decided to stay here in the US in september 2006, is more than a year (about 16 months).

now, i'm confused.

1. when will i be able to be an american citizen?

2. what are your recommendations so that i can take my future wife with me here in the US?

i really don't know what to do. please help

I see, u just come back before one year has elapsed so you wont be considered abandoning your residency.

Problem is you'll need a combined 5 years of stay in the U.S. to file for citizenship.

Only then can you file for a petition for your girlfriend.

Hope that helps.

K-1
Mar 19, 2009 I-129F Package sent
Mar 30, 2009 NOA1
Jul 27, 2009 RFE Notice Email / Jul 31, 2009 RFE Letter Received / Aug 01, 2009 RFE Reply sent
Aug 06, 2009 NOA2
Aug 17, 2009 NVC received case / Aug 18, 2009 NVC forwarded to USEM / Aug 24, 2009 Package received in USEM
Sep 01, 2009 Medical Passed
Sep 25, 2009 Interview
Oct 10, 2009 Visa Received
Oct 14, 2009 Arrived at U.S.
Oct 26, 2009 Married in San Francisco

AOS
Nov 12, 2009 I-485 Package sent
Nov 19, 2009 NOA1
Dec 08, 2009 RFE Received / Dec 23, 2009 RFE Reply sent

Dec 17, 2009 Biometrics Appt
Jan 20, 2010 AP and EAD approved / Jan 26, 2010 AP received
Jan 27, 2010 Interview letter received
Feb 25, 2010 AOS Interview
Mar 04, 2010 Green Card Received

Removal of Conditions
Dec 21, 2011 I-751 Package sent

Dec 23, 2011 NOA1

Feb 13, 2012 Biometrics Appt

Jun 19, 2012 10-year GC Received

US Citizenship
Jan 16, 2013 N-400 Package sent

Jan 22, 2013 NOA1

Feb 15, 2013 Biometrics Appt

Apr 02, 2013 Citizenship Interview

Apr 23, 2013 Oath Ceremony

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Filed: Country: Philippines
Timeline

i've had my GC since 1997 and my GF is in the philippines and not a US citizen. i'm not yet an american citizen since i do not know if i'm already qualified to apply. this has been bothering me for the longest time. i hope you guys can help me what to do

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Sounds like you've met the time requirements.

File the N-400. When you get your USC When you get it you can do a K1 [fiance visa].

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

!! ALL PAU!

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Filed: K-1 Visa Country: Vietnam
Timeline

I disagree. I don't think you qualify yet. You don't need accumulated residence of 5 years. You need continuous residence of 5 years, and it must be current continuous residence at the time you apply for citizenship. If you leave the US for more than 6 months but less than 1 year, you don't abandon your residency status, but you DO break your continuous residence. You start accruing continuous residence again when you return to the US.

If you've been in the US since 2006, then you need another 2 years of continuous residence, presuming you haven't left the US for more than 6 months since 2006. Also, since you have a break of 16 months, I presume you had a re-entry permit to return to the US, or some other means to maintain your legal resident status. Otherwise, you may have abandoned your residency, and you may not be a legal resident of the US anymore.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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

As a green card holder you cannot petition for your fiance. And from what you tell us you may not have enough residency to be able to qualify for citizenship.

You can marry and file a petition as an LPR and then when you obtain citizenship you can upgrade the petition.

It sounds like it would be worth the money to consult a qualified immigration attorney to determine how much residency time you have accumulated toward being able to apply for citizenship.

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: Other Country: China
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i've had my GC since 1997 and my GF is in the philippines and not a US citizen. i'm not yet an american citizen since i do not know if i'm already qualified to apply. this has been bothering me for the longest time. i hope you guys can help me what to do

Based on your description you'll qualify for citizenship in September, 2011. You need five years of continuous residence in the USA with permanent resident status. Absenses of more than six months restart the clock on the five years.

Sounds like you've met the time requirements.

File the N-400. When you get your USC When you get it you can do a K1 [fiance visa].

He has not met the time requirments and won't for another two years.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Ukraine
Timeline

According to the following example in the Guide to Naturalization from USCIS, your answer may be September 2010. Judge by yourself:

“Continuous Residence” Example

• An applicant became a Permanent Resident on January 1, 1994.

• She lived in the United States for 3 years, then returned to her native country for 1 year and 3

months.

• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent

Resident status.

• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364

days the applicant was out of the United States count toward her time as a Permanent

Resident in “continuous residence,” but the 3 years in the United States before leaving do

not.

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Filed: K-1 Visa Country: Vietnam
Timeline
According to the following example in the Guide to Naturalization from USCIS, your answer may be September 2010. Judge by yourself:

“Continuous Residence” Example

• An applicant became a Permanent Resident on January 1, 1994.

• She lived in the United States for 3 years, then returned to her native country for 1 year and 3

months.

• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent

Resident status.

• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364

days the applicant was out of the United States count toward her time as a Permanent

Resident in “continuous residence,” but the 3 years in the United States before leaving do

not.

Good point. She DID say her last absence was 16 months. Presuming she had a re-entry permit, she get's an extra 364 days added to the beginning of her continuous residence.

EDIT: I meant HE! :blush:

Edited by JimVaPhuong

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: Philippines
Timeline

thank you for the replies. which would you think would be faster for me to get my future wife to live with me here in the US?

1. marry her asap in the philippines and petition her (one family friend i know did this); or

2. wait to be a US citizen then petition her as a fiancee?

3. other?

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Filed: K-1 Visa Country: Vietnam
Timeline
thank you for the replies. which would you think would be faster for me to get my future wife to live with me here in the US?

1. marry her asap in the philippines and petition her (one family friend i know did this); or

2. wait to be a US citizen then petition her as a fiancee?

3. other?

As an LPR, your only option is the Family Second Preference (A), or F2A visa. This is currently taking over four years for the Philippines, and you MUST be married before you can file.

Optionally, you can get married and file for the F2A, and then upgrade to an immediate relative visa when you get your citizenship. This is probably the best option, since your petition will probably be approved before you are eligible to become a citizen. Once you become a citizen, and you have an approved petition, it should only take a few months to get an interview and visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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