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Will N-400 release me from the duty of presence in USA?

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Filed: Citizen (apr) Country: Poland
Timeline

Hello everyone :)

I'm a little confused aready about what I should do now...

I got my green card 10 months ago in mail. I left USA, cause my husband is a contractor for US government overseas (Germany). I'm flying to the States soon, so I won't stay outside USA for more than 364 days.

I know I have to file something that realeases me from the duty of presence in the USA. I'm going to file N-400 for expedite naturalization (we've been married for over 3 years).

Will form N-400 release me from the duty of presence in USA?

:help:

thanks for help

N-400 timeline (under sec. 319 b from overseas)

9/13/2010 - N-400 packet sent to Vermont

9/21/2010 - NOA

3/11/2011-after emailing Faifax Office: biometrics scheduled for 1 Apr, 2011 and interview date 6 Apr 2011

4/6/2011 - interview and oath ceremony

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Filed: AOS (apr) Country: Philippines
Timeline

since you have not yet been a resident for three years you do not yet qualify to naturalize. the 3 yr rule is 3 yrs marriage AND 3 yrs residency

Edited by payxibka

YMMV

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INA 319(b) allows certain spouses of employees of government contractors to qualify for expedited naturalization before completing three years with a green card. I'm not sure of the details, but I'll take agnes2012's word that she qualifies.

Assuming you qualify for citizenship, then once you become a US Citizen, there is no requirement to spend any particular amount of time in the US. You could leave the US permanently and not touch US soil for the next 80 years. In 2090, you would still qualify for a US passport and you could enter the US using the US citizen line at immigration.

As a US citizen, you are generally required to file US taxes every year. You may not owe any money, but you still are required to fill out the forms, unless your total worldwide income from all sources is very tiny.

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

Also remember short trips back don't count for continous residency. Also be aware living and working abroad can nullify your green card and have it revoked if you haven't filed the proper paper work before leaving.

Then N-400 does not do anything to preserve residency. You must still reside in the US (unless special circumstances like mentioned with military or certain government jobs). The only way to live abroad is to be a citizen without worrying about abandoning your green card status or filing the N-470 and preserve your green card status before leaving.

Now being on a US military base definatly helps things out for you. Not sure if it will perserve your residnecy, but comming back one in 364 days will do nothing. In fact comming back for a short time before the usual 6 months will do nothing to perserve it.

Check to make sure you filed the right paper work before leaving, that will tell you your status...

Edited by warlord

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: Citizen (apr) Country: Poland
Timeline

Thank you for all replies ;)

I'm going to file N-470 once I'm in the States.....

N-400 timeline (under sec. 319 b from overseas)

9/13/2010 - N-400 packet sent to Vermont

9/21/2010 - NOA

3/11/2011-after emailing Faifax Office: biometrics scheduled for 1 Apr, 2011 and interview date 6 Apr 2011

4/6/2011 - interview and oath ceremony

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Filed: Citizen (pnd) Country: Canada
Timeline
Thank you for all replies ;)

I'm going to file N-470 once I'm in the States.....

Double check that's the correct form. There are two that certain people can use under certain circumstances. One allows you to be out and protects you from abandoning your Green Card, the other will actually preserve your continous residnecy (though this I think is only for specific jobs in the government and not military).

Either way research this some more. Another thing is ask one of the military officials, they might know others in the same boat and they could tell you what they have done...

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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