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Shub

Citizenship application with prolonged absences since last year

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Hello everybody,

I've had LPR status since January 2008, so I should be eligible to apply for citizenship as early as January 2011 in theory.

I have, however, some special circumstances which may disqualify me from applying then, but I would like to gather some opinions on that.

I've been reading the M-476 "Guide to Naturalization" over and over but I'm not clear on this.

Here are the facts:

Entered the US on a K-1 in July 2007, got married that month, got my green card in January 2008 as mentioned above.

Lived there continuously until June 2009. My wife and I thought we could have a better life in my home country of Switzerland so I got a job there.

I was out of the US between the following dates:

- 4/17/09 - 4/21/09 (4 days)

- 6/4/09 - 10/28/09 (146 days)

- 11/2/09 - 12/23/09 (51 days)

- 1/7/10 - 2/4/10 (28 days)

- 2/7/10 - 6/29/10 (142 days)

No further trip outside of the US in the foreseeable future.

That's a total of 371 days outside of the US between 4/17/09 and 6/29/10 but there was no single absence of 6 months or more.

The question is whether USCIS would combine those absences into one long absence despite the interspersed stays in the US, or if they would ignore that and consider that I've maintained a continuous residence because I have not had a single 6+ month absence.

Throughout all this time, I have maintained my permanent address in the US, kept my car registered and insured, kept credit cards, bank accounts, etc., filed tax returns with federal, state and local authorities and included my foreign earned income in the federal tax returns.

So I wanted to ask you guys if you think I could apply for citizenship in January 2011. If not, what is the earliest I could apply?

If you have any questions, feel free to ask. And please note it is not an absolute priority of mine to apply for citizenship in Jan '11. It would just make my life easier since I would no longer have to worry about my trips abroad, but I would hate to waste $675 on the application only to be denied anyway.

As always, I value your input and thanks for reading! :)

Edited by Shub

Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

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My understanding is similar to yours.

1. Continuous residence - it looks like you meet this requirement since non of your trips were 6+ months.

2. Physical presence - based on 3 years, you must have spent 18 out of 36 months in the US to meet this requirement. 18 months totals to roughly 540 days so it looks like you meet this requirement as well.

It looks like you are fine - but let's see what others have to say....


N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Filed: Other Timeline

Thanks for being so specific with the dates, that helped a lot. In my opinion you are indeed eligible to file starting October.


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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Filed: Citizen (pnd) Country: Canada
Timeline

Thanks for being so specific with the dates, that helped a lot. In my opinion you are indeed eligible to file starting October.

Except the fact they "Lived" outside of the US and had a job outside of the US. Which then should reset the clock even if it was under 6 months or over it. Remember 6 months is just a general guide line. People have been denied and even had their Green Cards revoked if found "Living" outside the US and not working for a US based company while outside. If the IO can prove you did not live and work in the US (or outside for a US based company) even if it's under 6 months then yes you surely could easily be denied. Now I don't know if your Green Card would be in jeapordy or not, seems that is not as common these days, but it still could be a possibility depending on the IO...

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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I appreciate both your inputs -- anyone else wanna comment?


Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

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Filed: Citizen (apr) Country: Pakistan
Timeline

I think you should be fine. Had any of your stays been more than 6 months, you could get into trouble. File for your Naturalization and see where it leads. Heres my Advice. Never Lie to the USCIS. Never volunteer Information. Mention your job abroad, only if asked. Otherwise your case seems pretty much normal.

Good nLuck.


IR5 For Parent

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Filed: Citizen (apr) Country: Canada
Timeline

I think you should be safe to file in October as well. You meet the physical presence and the residency tests - even though you temporarily lived and worked outside of the US - and you did not give up your residential ties to the US during that time, returning back to the US fairly regularly. I think it would be difficult to show you did not intend to retain US ties and return to the US after this short term employment outside of the US was ended. You do not have to be working for a US employer outside of the US as long as you can prove you did not sever residential ties in the US to take up residence outside of the US intending not to return to the US for an extended length of time. You are now back permanently, showing that you did indeed retain residential ties and have resumed the life you had before you temporarily worked overseas.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: Timeline

Except the fact they "Lived" outside of the US and had a job outside of the US. Which then should reset the clock even if it was under 6 months or over it. Remember 6 months is just a general guide line. People have been denied and even had their Green Cards revoked if found "Living" outside the US and not working for a US based company while outside. If the IO can prove you did not live and work in the US (or outside for a US based company) even if it's under 6 months then yes you surely could easily be denied. Now I don't know if your Green Card would be in jeapordy or not, seems that is not as common these days, but it still could be a possibility depending on the IO...

Warlord, there are too many inaccuracies with your comment. The bottom line is that Shub, despite his travels, has met the minimum physical presence requirement for citizenship application, and barring any unforeseeable circumstances (e.g. divorce), is OK to file as early as October.

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