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junyeon82

Naturalization and Being Abroad

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I am a US citizen from birth.

My wife and I got married 5/2009

She got her Conditional Permanent Residency 10/2009

She just got approved for removal of condition 1/2012

So we will be able to file for her naturalization process this October. (right? Three years of permanent residency)

We didn't leave US for more than 2.5 months and the past 2 and a half years.

Here's the problem. I accepted a two year employment in Asia (not korea her home country) that starts this August.

We have a baby, and we don't want to spend much time apart.

I can get a 1 month vacation this december till january. Another vacation next May to July

So here's my question.

1. Can we apply for naturalization process in December. (She would have been gone for four months)

2. Can she leave US after filing N400? and for how long?

3. Can we come back when it's approved and for the interview day?

So this would be the time line.

2012 August: Leave U.S.

2012 October: Date qualified to file for n400

2012 December: Come back to US and file.

2013 January: Leave U.S.

2013 ????? Come back for more paper work or interview if approved.

Is this legal and possible?

There's also a section that reads........

Time as a Resident in a USCIS District or State

Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying. A district is a geographical area defined by USCIS and served by one of the USCIS “District Offices.”

..............

Does this mean that she's supposed to have come back and stayed here in US for 3 months before applying or just that she hasn't moved to a different state under different district in past 3 months?

Lots of questions.. I'd sooo appreciate your input and help. This has been a lot of headache past few months. Thank you.

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I don't think it's a good idea to leave before she's naturalized but that's just my gut feeling.


05/2007 - got married in Germany

05/2007 - filed I-130 via DCF in Frankfurt

08/2007 - interview to prove bona fide marriage

09/2007 - hubby PCSed to GA

10/2007 - hubby deployed to Iraq

04/2008 - hubby on RnR in Germany

08/2008 - received CR-1 visa

12/2008 - flew to GA alone to welcome home the hubs

09/2009 - PCSed to CA

03/2010 - we're pregnant!

06/2010 - applied for German "BBG" to retain German citizenship during naturalization

08/2010 - BBG granted

09/2010 - filed ROC

12/2010 - received 10 year GC

12/2010 - our little miracle is born!!!

01/2011 - PCSed to Germany

01/2012 - filed N-400 for overseas naturalization

03-15-2012 - Best of Both Worlds, I'm a dual citizen :-)

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Wait, I just read that you can apply 90 days before completing the permanent residence requirement!

This means we can apply THIS JULY! Right?

So as long as we are able to go out of the country (I'm talking short term like 3-4 months at a time) then we can file July.

Come back when they require more info or for the interview.

Is that correct?

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I am a US citizen from birth.

My wife and I got married 5/2009

She got her Conditional Permanent Residency 10/2009

She just got approved for removal of condition 1/2012

So we will be able to file for her naturalization process this October. (right? Three years of permanent residency)

We didn't leave US for more than 2.5 months and the past 2 and a half years.

Here's the problem. I accepted a two year employment in Asia (not korea her home country) that starts this August.

We have a baby, and we don't want to spend much time apart.

I can get a 1 month vacation this december till january. Another vacation next May to July

So here's my question.

1. Can we apply for naturalization process in December. (She would have been gone for four months)

2. Can she leave US after filing N400? and for how long?

3. Can we come back when it's approved and for the interview day?

So this would be the time line.

2012 August: Leave U.S.

2012 October: Date qualified to file for n400

2012 December: Come back to US and file.

2013 January: Leave U.S.

2013 ????? Come back for more paper work or interview if approved.

Is this legal and possible?

There's also a section that reads........

Time as a Resident in a USCIS District or State

Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying. A district is a geographical area defined by USCIS and served by one of the USCIS “District Offices.”

..............

Does this mean that she's supposed to have come back and stayed here in US for 3 months before applying or just that she hasn't moved to a different state under different district in past 3 months?

Lots of questions.. I'd sooo appreciate your input and help. This has been a lot of headache past few months. Thank you.

1. No. You can apply 90 days before she is eligible. July 2012. She MUSt be a resident of that state for 90 days prior to filing. They WILL deny her application if she is not, see other threads currently in this forum

2. Yes. More than 6 months absence requires proof she maintained her residency and was absent for valid reasons, such as education. Moving to live in another country would immediately invalidate her residency if she intended to live there.

3. Moot point.

You will also find she may have trouble entering or remaining in other countries if she is not a US citizen.

She should stay HERE until she is a citizen. I do not advise anything else in this case. If filed in July she could probably be a citizen before the end of the year.

Wait, I just read that you can apply 90 days before completing the permanent residence requirement!

This means we can apply THIS JULY! Right?

So as long as we are able to go out of the country (I'm talking short term like 3-4 months at a time) then we can file July.

Come back when they require more info or for the interview.

Is that correct?

Yes, but make your visits brief and make sure to maintain residency in the state where you will file. Bank account, address, drivers license, file taxes, etc. If there is anything to indicate she has abandoned her residency to be a resident of another country she can lose her residency here.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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