NATURALIZATION / Re-Entry permit/ just go back and forth the US

[clowy 2]

Hello everyone,

I hope you can help me here i am so confused:( any suggestions will be highly appreaciated...

I just need clarification on my case. I am a permanent resident of US for over 2 yrs now.I arrived the US last Sept 2009 ,Sept 2012 will be my 3rd year to apply US CITIZENSHIP,(married to US citizen). I got my visa thru my US citizen spouse."CR1" visa after 2 yrs I was able to lift my conditional visa. After that I got my 13 yrs greend card.

I just want to know If I can still apply US citizenship If I am outside the country for the next 6 months . I am here in the Philippines for 4 months now,I left US last April this year to study outside the country because its cheaper here in Asia.I am planning to apply my citizenship this OCTOBER. As being married to US citizen the rule is after 3 yrs of being in the US they said you can apply 3 months or 90 days before your 3 yr anniversary, my anniversary will be on SEPT. 2012 next month. Meaning I can apply it JUNE 2012.But I am here in Manila studying again for 4 months now,after two months OCTOBER our vacation I will go back to the states and thinking what to do.Either to apply citizenship , re-entry permit or just go back and forth every 6 motnhs "every semester break?

I am wondering if I am allowed to apply citizenship when I left April this year and will be back to US on OCTOBER on our school sem. break. I am planning to stay in the US for a month of my school break, while on vactaion I want to apply US citizenship...My husband is in the US so he can just file some of the paper work for me and I will just fly back If I need to be there for an interview or biometrics.

Some advise me to just get a re-entry permit that will allow me to be outside the country for 2 yrs. I just got in the nursing program and this will be for 4 yrs.Im only on my 1st year. I need to know which path to go to.

I am thinking of getting my citizenhip or re-entry permit which way is better and to save money...

CITIZENSHIP has rules and regulations I know that i also read their website some are confusing though...

as well as re-entry permit... please enlighten me here.

Some says and one of the GUAM USCIS agent told us if your US LPR or resident you can be outside the US with in 6months or with in 12 months...And the agent said that it depends on the immigrations officer.SOME are nice to just let me in the country with no hassle and some wont....

I am just confused,,coz my total stay in the US is not exactly 2 yrs and 9 months... Im lacking 2 months...

I appreciate your help...

Please help...

TAHNK YOU so much and have a good one!!!

GOD SPEED!!!

[TimeTravel 78]

If you become US citizen, then you can live outside of country for any amount of time. There is no time-limit. No re-entry permit is required. But you are required to file taxes every year ( even you are outside of country ). Not sure how it effect if someone doesnt file taxes but if he/she is a naturalized USC.

[sasaqlain 24]

If you become US citizen, then you can live outside of country for any amount of time. There is no time-limit. No re-entry permit is required. But you are required to file taxes every year ( even you are outside of country ). Not sure how it effect if someone doesnt file taxes but if he/she is a naturalized USC.

This is not what the OP has asked.

To the OP: As long as you can prove that you have not abandoned your residency, and not exceeded your stay outside of the US, you should be ok. But it will be difficult for you to make them understand as to why you are living seperately from your husband. Trust me, I have been around the world, and education is cheaper here than anywhere else as long as you are a resident. That is if you are talking about QUALITY education. Good Luck!

[aaron2020 11,651]

Hello everyone,

I hope you can help me here i am so confused:( any suggestions will be highly appreaciated...

I just need clarification on my case. I am a permanent resident of US for over 2 yrs now.I arrived the US last Sept 2009 ,Sept 2012 will be my 3rd year to apply US CITIZENSHIP,(married to US citizen). I got my visa thru my US citizen spouse."CR1" visa after 2 yrs I was able to lift my conditional visa. After that I got my 13 yrs greend card.

I just want to know If I can still apply US citizenship If I am outside the country for the next 6 months . I am here in the Philippines for 4 months now,I left US last April this year to study outside the country because its cheaper here in Asia.I am planning to apply my citizenship this OCTOBER. As being married to US citizen the rule is after 3 yrs of being in the US they said you can apply 3 months or 90 days before your 3 yr anniversary, my anniversary will be on SEPT. 2012 next month. Meaning I can apply it JUNE 2012.But I am here in Manila studying again for 4 months now,after two months OCTOBER our vacation I will go back to the states and thinking what to do.Either to apply citizenship , re-entry permit or just go back and forth every 6 motnhs "every semester break?

I am wondering if I am allowed to apply citizenship when I left April this year and will be back to US on OCTOBER on our school sem. break. I am planning to stay in the US for a month of my school break, while on vactaion I want to apply US citizenship...My husband is in the US so he can just file some of the paper work for me and I will just fly back If I need to be there for an interview or biometrics.

Some advise me to just get a re-entry permit that will allow me to be outside the country for 2 yrs. I just got in the nursing program and this will be for 4 yrs.Im only on my 1st year. I need to know which path to go to.

I am thinking of getting my citizenhip or re-entry permit which way is better and to save money...

CITIZENSHIP has rules and regulations I know that i also read their website some are confusing though...

as well as re-entry permit... please enlighten me here.

Some says and one of the GUAM USCIS agent told us if your US LPR or resident you can be outside the US with in 6months or with in 12 months...And the agent said that it depends on the immigrations officer.SOME are nice to just let me in the country with no hassle and some wont....

I am just confused,,coz my total stay in the US is not exactly 2 yrs and 9 months... Im lacking 2 months...

I appreciate your help...

Please help...

TAHNK YOU so much and have a good one!!!

GOD SPEED!!!

You cannot apply for US citizenship.

One of the requirement is that you live in the US for the three months before you file. You cannot show three months of continuous physical presence in the US before you file. Therefore you cannot file for naturalization.

You will need to maintain your green card status. You will need a reentry permit as an LPR. You also need to maintain your ties to the US.

[clowy 2]

You cannot apply for US citizenship.

One of the requirement is that you live in the US for the three months before you file. You cannot show three months of continuous physical presence in the US before you file. Therefore you cannot file for naturalization.

You will need to maintain your green card status. You will need a reentry permit as an LPR. You also need to maintain your ties to the US.

aaron2020 : Thank you so much I also read that If I was outside the country for 6 months I can not apply US citizenship:(

I think I just have to apply a re-entry permit and they might just reset or zero out all my previous stay in the US. I almost done with my 3yrs but i wasnt really thinking of taking care of these things before I left the US because I think its not a big deal or problem because I am a green card holder and it the rule is I CAN BE outside the country for the next 6-12months ....

And now this is giving me a headache thank you for your quick response....

[clowy 2]

This is not what the OP has asked.

To the OP: As long as you can prove that you have not abandoned your residency, and not exceeded your stay outside of the US, you should be ok. But it will be difficult for you to make them understand as to why you are living seperately from your husband. Trust me, I have been around the world, and education is cheaper here than anywhere else as long as you are a resident. That is if you are talking about QUALITY education. Good Luck!

You cannot apply for US citizenship.

One of the requirement is that you live in the US for the three months before you file. You cannot show three months of continuous physical presence in the US before you file. Therefore you cannot file for naturalization.

You will need to maintain your green card status. You will need a reentry permit as an LPR. You also need to maintain your ties to the US.

Thank you so much, I read that 3 mothns requirement . I also read that If I was outside the country for 6 months I can not apply US citizenship:(

I think I just have to apply a re-entry permit and they might just reset or zero out all my previous stay in the US. I almost done with my 3yrs but i wasnt really thinking of taking care of these things before I left the US because I think its not a big deal or problem because I am a green card holder and it the rule is I CAN BE outside the country for the next 6-12months ....

And now this is giving me a headache thank you for your quick response....

I appreciate your help:)

GOD SPEED!!!!

[clowy 2]

If you become US citizen, then you can live outside of country for any amount of time. There is no time-limit. No re-entry permit is required. But you are required to file taxes every year ( even you are outside of country ). Not sure how it effect if someone doesnt file taxes but if he/she is a naturalized USC.

Thank for your response.I know what you mean but thats not my question.Thanks for trying though....

[TNiil 0]

You cannot apply for US citizenship.

One of the requirement is that you live in the US for the three months before you file. You cannot show three months of continuous physical presence in the US before you file. Therefore you cannot file for naturalization.

You will need to maintain your green card status. You will need a reentry permit as an LPR. You also need to maintain your ties to the US.

The N400 eligibility worksheet states

"I have resided in the district or state in

which I am applying for citizenship for

the last three months." Y/N

I just don't see that "to reside" would mean physical presence. I might be wrong also, but the same sheet uses explicitly words "physical presence" when it means that. Having established a residence to the district or state would be enough for that part?

[aaron2020 11,651]

The N400 eligibility worksheet states

"I have resided in the district or state in

which I am applying for citizenship for

the last three months." Y/N

I just don't see that "to reside" would mean physical presence. I might be wrong also, but the same sheet uses explicitly words "physical presence" when it means that. Having established a residence to the district or state would be enough for that part?

I agree with your view, however, the following comes from USCIS. Look under the physical presence requirement.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
  
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
  

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

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When it comes to applying for US citizenship, I would err on the side of caution. Why risk a denial when someone at USCIS could interpret the 3 months residency requirement under the physical presence standard? Not worth it to me.

[TNiil 0]

I agree with your view, however, the following comes from USCIS. Look under the physical presence requirement.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
  
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
  

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

-------

When it comes to applying for US citizenship, I would err on the side of caution. Why risk a denial when someone at USCIS could interpret the 3 months residency requirement under the physical presence standard? Not worth it to me.

I see that and understand what you mean.

But, on the other hand wouldn't that literally mean that you really have to be physically present for 3 months in your home state or district before filing, i.e. you can't leave your state or district. How are they gonna check that? How can you prove such thing? Say you live in DC, so you're supposed to be extremely careful not putting your foot to VA or MD in the suburbs? Could get very boring in some places..

I wouldn't risk it either but this is quite interesting thing and wondering how is it interpreted.

[clowy 2]

@ Aaron and TNiil

Thank you guys for your helpful response.

I have physically stayed in the US for 2 years and 7 months.

And I just took some vacation over those yrs for 3 times outside the country. 

My address is still under the US soil which is Guam, and for "physical presence elegibility " I guess I am more than eligible (18months or 1 1/2 yr) versus 2 yrs and 7 months is more than enough .

It so  happened that I left Guam or US soil 4 monts ago this april 2012 coz my school started then.

Basically or technically I am still US resident ,all my documents & address I still  pay taxes ,I have drivers license of Guam And insurance,so If I come back to Guam this October I can just say I was out of the country for a valid reason or important purpose (education).

Plus I did not intend to live outside the US I just intend to study outside the US.

What do you guys think ??

What is this 3 months thingy under US jurisdiction ? Is it really have to be "physically present" for the next 3 months before applying? Coz if that's the case I can't prove that haha.

And I also read that if you were outside the country for the next 6 months you can't apply for Citizenship??? Have you read this guys?

I have to look for that link but I am pretty sure I read this line...

Hay I just want to save money for tickets and save my residency or get my citizenship to be on the safe side!!!

OMG this is stressful!!!!

School , away from my husband , no work , tickets are pricey etc!!!

Thank you guys !!!!

I'll just wait for your response again:)

Have a great day!!!

[Paradise123 7]

You cannot be appoved if you live away from your husband no matter the reason.