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3 years married requirement

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Filed: Timeline

Was just wondering, I am married to a US citizen,got my permanent resident card dec 2006. We however lived abroad from that time till August 2008. Does anybody know if I am eligible to apply for citizenship now. We have been married for 4 1/2 years but have lived abroad for 1 year 10 months after receiving green card??

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Filed: AOS (apr) Country: Philippines
Timeline

Was just wondering, I am married to a US citizen,got my permanent resident card dec 2006. We however lived abroad from that time till August 2008. Does anybody know if I am eligible to apply for citizenship now. We have been married for 4 1/2 years but have lived abroad for 1 year 10 months after receiving green card??

there is a continuous presence expectation where any "break" of presence from the USA of 6 mos. or more resets the citizenship eligibility clock to "zero" and is restarted when you return .... download the "Guide to Naturalization" from the USCIS website...


YMMV

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Not only can you not apply for citizenship, but you will most likely be determined to have abandoned your permanent residence and lose that green card too.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Country:
Timeline

Actually the reason you lived abroad for almost 2 years comes into play.

If it was for military service or as en employee of the US Government (or some contractors I believe) then it doesn't matter.

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Filed: Other Timeline

Your residency clock was set to zero once you were absent from the US for 1 year. It started again when you came back in August of 2008. Ignoring adverse circumstances, you'll be eligible to file in August of 2011.

We don't know the reasons of your absence, but since they let you back in by CBP you are safe in your current situation. If you feel your absence is not really justifiable in the eyes of the immigration people, the safest thing you can do is wait 5 years, as you have to list the past 5 years' worth of addresses on your N-400 application. What happened before that is a thing of the past. In numbers, that would mean if you file in August or September of 2013, none of the "out of the USA" issue would come up, although your passport would still show the entry stamp of August 2008. If you wanted to play it 100% watertight safe, you'd have to get a new passport now, one that you could show in 5 years, free of any US entry stamps.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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