Jump to content
Zed

3 years married requirement

By Zed in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

 Share

5 posts in this topic

Recommended Posts

Zed Newbie

Zed   0

Posted
Filed: Timeline
Posted

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??

Link to comment
Share on other sites
payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

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

Link to comment
Share on other sites
john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

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

Link to comment
Share on other sites
Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

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.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

Link to comment
Share on other sites
Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted (edited)

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

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...