When is he eligible for naturalization?

[missynbubsy 0]

hi, I'm new to this forum. I would like to ask re: My fiancee, he has been a a LPR since 1994,,he was not able to file for his citizenship because of the requirement of 5 years cont. staying inside the US. My question is when can he file for naturalization here are the dates of his stay in the US.

1994- came to the US as LPR

between 1994-2006 been going in and out of the country sometime for more than 6 months at a time.

nov 2006 went to US

may2007 went back to the philippines

june 2007 went back to US

may 2008 went back to the philippines

june 2008 went back to US

august 2009 went back to the philippines

august 2009 went back to US

we have been together since 2000. we cant get married because we are waiting for his citizenship so we can apply a K1 visa (which is the fastest way he can bring me to the US),,but if it will take him long to file for his naturalization would it be wiser to get married then just apply as a spouse of a LPR,,then just upgrade the petition when is already eligible for naturalization.

and I also have a pending EB3 visa petition from my employer with priority date of sept 2006. Can I file a K1 visa if I have a pending EB3 petition? what would happen to the EB3 petition.

I really hope someone can answer my queries. Thank you so much in advance.

[Brother Hesekiel 2,235]

Not enough information!

Out of the country for more than 6 months is not a problem, as the clock started ticking again where it stopped when he came back. The clock resets to ZERO only if he stays out of the country for a year or longer.

When was the LAST TIME he was out of the country for 1 year or longer? The moment he came back, his residency clock started ticking again at day 1. If he has never been out of the country for a year or longer, he can file TODAY.

It's really important to be specific, as a year has 364 days.

[missynbubsy 0]

the last time he was out of the US for more than a year was when he left the US march 2005 then went bacjk november 25,2006, eversince he went back to the US nov 25, 2006,he has no absence of more than a year,,,the only time he was out of the US was for 1 month in 2007,1 month in 2008 and 1 month in 2009... thanks justbob

Edited July 23, 2010 by missynbubsy

[payxibka 10,044]

(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[belluco86 3]

Then he will be eligible to apply for naturalization on or after Nov 2011... In my personal opinion I would not submit paper to bring you if he is still LPR just because I think for the LPR there is a limit of visas they approve every year and if I am not mistaking they are just processing 2005 cases right now. If he is a US citizen it would only take a year or so.

Be wise in your final decision. it could affect where you are three years from here.

[milimelo 4,167]

Then he will be eligible to apply for naturalization on or after Nov 2011... In my personal opinion I would not submit paper to bring you if he is still LPR just because I think for the LPR there is a limit of visas they approve every year and if I am not mistaking they are just processing 2005 cases right now. If he is a US citizen it would only take a year or so.

Be wise in your final decision. it could affect where you are three years from here.

Not really true - the F2B has been moving very fast nowadays - what used to be a 5year wait is now a ~ 2 year wait. Best thing would be to get married and submit the application and then follow the visa bulletin to see which comes first - your visa number or citizenship as when he gets the citizenship he can upgrade with NVC and get your file sent for interview in a month or so.

2A01MAR09

[tweety 1]

Just posted this on another thread. But you might want to have a good look at this manual from USCIS too:

naturalization requirements

http://www.uscis.gov/files/article/chapter4.pdf

And the rest of the M476 manual regarding naturalization is a good read too:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4df39ddf801b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=4df39ddf801b3210VgnVCM100000b92ca60aRCRD