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Paf

Postpone Citizenship???

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My wife came here on a K-1 Visa and has her green card already. What if we want to postpone the citizenship? We would like to live in the U.S. 1 or 2 years and in the Philippines 1 or 2 years at a time. What would happen if we left for a year or two? Would we have to start over? Would it be easy to return?

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You have to apply for a re-entry permit if you plan on leaving for a year or more. If you do not you will abandon the green card and LPR status.

You don't say when she got the green card or if its a 10 year card.

If you have a 2 year card you must file removal of conditions and you still have quite a while before you can even be eligible to apply for citizenship.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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You have to apply for a re-entry permit if you plan on leaving for a year or more. If you do not you will abandon the green card and LPR status.

You don't say when she got the green card or if its a 10 year card.

If you have a 2 year card you must file removal of conditions and you still have quite a while before you can even be eligible to apply for citizenship.

It is a 2 year card we just got in September. How do we get a re-entry permit? We are not sure how long it will be. It could be 6 months or 2 years. Will it matter if we are not sure?

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It is a 2 year card we just got in September. How do we get a re-entry permit? We are not sure how long it will be. It could be 6 months or 2 years. Will it matter if we are not sure?

Yes because a green card is for living in the USA not outside the USA. Even leaving for 6 months the CBP can take your card away when you try to enter if you are asked for a re-entry permit and do not have one.

She cant apply for citizenship for 3 years anyways and still has to file removal of conditions to get a 10 year card after her 2 year card - you have quite a ways to go... and shouldn't even be worrying about US citizenship right now.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Yes because a green card is for living in the USA not outside the USA. Even leaving for 6 months the CBP can take your card away when you try to enter if you are asked for a re-entry permit and do not have one.

She cant apply for citizenship for 3 years anyways and still has to file removal of conditions to get a 10 year card after her 2 year card - you have quite a ways to go... and shouldn't even be worrying about US citizenship right now.

Ok I think I got it. We can leave at this time with no problem for a year as long as we have a re-entry permit. If not then we have a problem. Do you know the form number for the re-entry permit or know how long it take to get it? The biggest thing is we dont want to have to re aply for k-1 or k-3 and have to wait to even come back to the U.S.

Edited by Paf

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Ok I think I got it. We can leave at this time with no problem for a year as long as we have a re-entry permit. If not then we have a problem. Do you know the form number for the re-entry permit or know how long it take to get it? The biggest thing is we dont want to have to re aply for k-1 or k-3 and have to wait to even come back to the U.S.

I-131 form will get you the re-entry permit.

If you are gone for 2 years remember you have to file removal of conditions 90 days before the 2 year green card expires - she will need to be in the USA for the biometrics appointment as well.

Removal of Conditions needs 2 years of evidence of relationship and co-mingling finances.

Take a look at the ROC forms and ROC guide on VJ here just so you are aware of what needs to be done.


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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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I-131 form will get you the re-entry permit.

If you are gone for 2 years remember you have to file removal of conditions 90 days before the 2 year green card expires - she will need to be in the USA for the biometrics appointment as well.

Removal of Conditions needs 2 years of evidence of relationship and co-mingling finances.

Take a look at the ROC forms and ROC guide on VJ here just so you are aware of what needs to be done.

We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?

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My wife came here on a K-1 Visa and has her green card already. What if we want to postpone the citizenship? We would like to live in the U.S. 1 or 2 years and in the Philippines 1 or 2 years at a time. What would happen if we left for a year or two? Would we have to start over? Would it be easy to return?

I would say wait for 3 years and get her U.S. citizenship first, then her dual, and you're good to go. She could visit the Philippines in the meantime for a month or so at a time with no problems. With her dual, she can sponsor you for ACR.


NATURALIZATION

02/25/2014 - Eligibility date.

03/03/2014 - N-400 package mailed.

03/11/2014 - Check cashed.

03/14/2014 - NOA received.

04/09/2014 - Biometrics.

04/28/2014 - In-Line for Interview - 6 hours later Interview Scheduled!!

05/02/2014 - Interview Letter received. (Mailed on 29 April)

05/26/2014 - 3 year anniversary.

06/02/2014 - Interview. PASSED!

09/11/2014 - Oath Ceremony.

09/16/2014 - Updated driver licence and registered to vote.

10/08/2014 - Updated Social Security

10/14/2014 - Applied for U.S. Passport

10/27/2014 - U.S. Passport arrived in mail (13 days - DID NOT expedite)

10/30/2014 - Naturalization Certificate arrived in mail (was not folded)

MY IMMIGRATION JOURNEY IS OFFICIALLY FINISHED!!

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I would say wait for 3 years and get her U.S. citizenship first, then her dual, and you're good to go. She could visit the Philippines in the meantime for a month or so at a time with no problems. With her dual, she can sponsor you for ACR.

:thumbs:


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Yet to meet anyone that received their ten year card within that 90 day time frame when applying for the I-751, including ourselves. Receive a one year extension notice you are suppose to carry with your expired conditional card. We, with pressure received that ten year card just ten days before my wife's interview, but see others never even saw that ten year card.

Can tell you, sure can get nervous if even leaving the country for a couple of weeks with that one year extension, wondering if they would let you come back in or not with it. But don't recall the USCIS asking how many days you were out during that extended period. But they sure make a major issue out of it when applying for the N-400.

Another alternative is just to stay in that home country, thought about that too. Especially if they make you feel, welcomed.

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And remember a re-entry permit just allows one to come back into the US under a Green Card if they still qualify. There are certain things one can do (work for certain jobs and such) that will still allow for them to revoke the GC.

Also a re-entry permit doesn't do anything to preserve your residency timeline. That will be reset each time making it pretty much impossible to get citizenship by the way you are thinking.

Doing the re-entry once is one thing, trying to do it multiple times in the course of a few years is bound to cause big issues down the road.

Remain in the US, get the citizenship taken care of and secured, then go overseas to where ever you want to.

But if you do this once, then you have to get a re-entry permit, even if that still may not make you 100% clear to re-enter (depending on the nature of the time spent outside the US)...


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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We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?

Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

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No, you can't. The form is the same (I-131) but AP is NOT a Re-entry permit. You need to apply and specify re-entry permit.

Edited by ceadsearc

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

No the AP is no longer valid you have a green card. AP is not a re-entry permit anyways. If you left for 6 months - a year and tried to use it they would take away the green card and send her packing. You would go home alone and she would sit in custody in the airport with ICE until she was put on the next flight back to her country.

Edited by Inky

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?

It appears you guys need to due a little reading and inform yourselves about "Maintaining Permanent Residence."

Read this and this.


"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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