N470 Or Any Other Option ?

[ayra 2]

Dear friends,

First of all thanks to all who make great contributions to this great site.

I need your valuable inputs and suggestions regarding my wife's immigration case. I am a US citizen (became citizen in Aug 2009 ) and happily married to my wife who has her conditional 2 year GC through our marriage. My wife got her conditional GC in August 2010.

Back on February 2011, I decided to move abroad for an job opportunity and my wife came with me. Before we came to abroad, she got her travel document. Her 2 year conditional greencard will expire in mid July 2012 and also the travel document will expire at the same time.

Now, she is in USA to apply for I-751 to remove her conditions. Her attorney told her to also apply for N-470 since I ( US Citizen Husband) works for an American firm in abroad. My company is in the fortune 100 list. My wife accompanies while I am working at the moment. We have been abroad since Feb 2011 so it is almost 1 and a half year. We will most likely be abroad at least 3 to 4 years so my aim is to help my wife to get her US citizenship while she is out of the country because of my job.

After you read the summary of our adventure, if you can answer the below questions I really appreciate :

1) My wife will apply for I-751. Do you think N-470 is the right application for our case at the moment ?

2) We were planning to apply for I-131 for her. Attorney first said while I-751 is pending , you can not apply for I-131 travel document. Then, when I called him , he said you can apply for I-751 , I-131 and N-470. Basically I am very cinfused.

3) My wife will complete 3 years after she got her GC in July 2013. As I mentioned above she got her conditional GC on August 2010. I was reading info on this site regarding section 319B, please explain me how our case can fit under that rule ? Is it a different than applying for regular N-400 ?

4) If N-470 will be accepted, can she apply for N400 319B , 3 months before July 2013 which she can her GC for 3 years ?

Please also advice some extra necessary info based on our story. Your help will be appreciated.

Edited June 15, 2012 by ayra

[Jamaican JNR 2]

Dear friends,

First of all thanks to all who make great contributions to this great site.

I need your valuable inputs and suggestions regarding my wife's immigration case. I am a US citizen (became citizen in Aug 2009 ) and happily married to my wife who has her conditional 2 year GC through our marriage. My wife got her conditional GC in August 2010.

Back on February 2011, I decided to move abroad for an job opportunity and my wife came with me. Before we came to abroad, she got her travel document. Her 2 year conditional greencard will expire in mid July 2012 and also the travel document will expire at the same time.

Now, she is in USA to apply for I-751 to remove her conditions. Her attorney told her to also apply for N-470 since I ( US Citizen Husband) works for an American firm in abroad. My company is in the fortune 100 list. My wife accompanies while I am working at the moment. We have been abroad since Feb 2011 so it is almost 1 and a half year. We will most likely be abroad at least 3 to 4 years so my aim is to help my wife to get her US citizenship while she is out of the country because of my job.

After you read the summary of our adventure, if you can answer the below questions I really appreciate :

1) My wife will apply for I-751. Do you think N-470 is the right application for our case at the moment ?

2) We were planning to apply for I-131 for her. Attorney first said while I-751 is pending , you can not apply for I-131 travel document. Then, when I called him , he said you can apply for I-751 , I-131 and N-470. Basically I am very cinfused.

3) My wife will complete 3 years after she got her GC in July 2013. As I mentioned above she got her conditional GC on August 2010. I was reading info on this site regarding section 319B, please explain me how our case can fit under that rule ? Is it a different than applying for regular N-400 ?

4) If N-470 will be accepted, can she apply for N400 319B , 3 months before July 2013 which she can her GC for 3 years ?

Please also advice some extra necessary info based on our story. Your help will be appreciated.

I would listen to the Attorney. Also call USCIS and ask to speak to Tier 1 or 2 officer about your situation. Based on what you are saying; your wife was out of the country for more than 1 year since she got her green-card.

[jhm3 15]

According to the instructions for Form N-470 (http://www.uscis.gov/files/form/n-470instr.pdf), in order to be eligible to the file the form, the applicant must first have spent an uninterrupted period of one full year physically present and residing in the United States as a permanent resident, without any absences whatsoever, and must submit the N-470 before spending a continuous period of more than one year outside the United States. Unfortunately, it therefore appears that your wife would be unable to have an N-470 application approved at this point. (Also, even if she did, she would need to fulfill the physical presence requirement as well as the continuous residence requirement for naturalization, so she wouldn't be able to naturalize in 2013 anyway; she would have to return to the US and apply for naturalization at a point in time at which she will have spent more than half of the preceding three years in the US.) I hope this helps ...