Citizenship, but I am kinda leaving soon

[Gnagnagna 1]

Hi, I am a German citizen and holder of the 10-year Green card. My question is. I am married to my current wife since May 2012. So I can apply for citizenship next year in May. (the three year thing) The issue is, I will return to Germany in a month, and live there. Question, can I still apply for citizenship when I am not living in the US?

2) Also, I was previously married to another American, which lasted for one and a half years. Can I combine these years with the years of the current marriage, to apply for citizenship before I go to Germany, and without waiting till summer 2015?

Many thanks!

[aleful 1,905]

hi

no, not possible, it's 3 years married to your current spouse/USC petitioner and 3 years of being a LPR. 90 days prior to the 3 years of having the GC, you can file for the N400

you cannot file while living abroad and be careful to no loose your GC, if you are out of the US for more than 1 year, you loose residency, meaning you aren't a GC holder anymore, and you have to show enough physical presence in the US to file for citizenship

[Hypnos 6,576]

If you are permanently moving your residence to Germany then you will lose your green card.

[Boiler 45,658]

When did you get your GC?

[Ian H. 207]

As long as his wife is a USC, and has been for 3 years at the time of filing it doesn't matter if she wasn't the one who petitioned him. I don't recall citizenship based on 3 years being through the petitioning spouse.

To the OP: By next May you will have 3 years married with your wife, you also have to be living together as spouses, your wife has to be a USC for 3 years, and you have to be an LPR for 3 years, minus 90 days. As long as those requirements are met when you file the N400 you would be eligible under the 3 year requirements.

[Ian H. 207]

As for the living abroad, bad idea, since as an LPR you can be accused of abandoning your status. Once you become a citizen, then you can live anywhere you can. Even if you only live there for less than a year, you will miss the continuos residence requirements.

[Gnagnagna 1]

I had the interview in April 2011, and got the card in June 2011.

[Dave&Roza 748]

I had the interview in April 2011, and got the card in June 2011.

So the "resident since" date is some time in June 2011. Add three years to that and you are at June 2014. You have only been married for 2 years so you need to wait until you are married for 3 years or next May 2015. You can file for citizenship on your anniversary in May 2015 as long as your wife is a USC and has been one before May 2012 and you meet all the physical presence requirements. If you do not file for citizenship and remain outside the US for more than 6 months on a single trip, you interrupt your continuous residency. Best to check the USCIS website on Naturalization.

Good luck,

Dave

Edited August 10, 2014 by Dave&Roza

[Gnagnagna 1]

So I can file N-400 in February 2015, 90 days before May 2015, my eligibility date?

Also, I have two citizenships already. Is that an issue?

[Mark88 184]

That won't be an issue. However if you don't apply for a "Beibehaltungsgenehmigung" with the German consulate, you will loose your German citizenship.

http://www.germany.info/Vertretung/usa/de/05__Dienstleistungen/02__Staatsangehoerigkeit/02__Beibehaltung/__Beibehaltung.html

[Dave&Roza 748]

So I can file N-400 in February 2015, 90 days before May 2015, my eligibility date?

Also, I have two citizenships already. Is that an issue?

No, the 90 days before only applies to your period as a LPR. You must be married for at least 3 years before you file the N-400. Please read this and the link I provided before as it will answer most of your questions. The US does not recognize citizenship of other countries, but having them is not a problem. If you want to be able to enter the US after an extend period abroad, then you need a US passport and you can only get that by becoming a USC.

Dave

[Gnagnagna 1]

There are many people who have dual citizenship. I was just wondering if triple citizenship might be an issue.

As for the 90 days, it states:

"The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required three-year period of continuous residence."

Now, I already met that condition last year. I was a resident from 2011 onwards, so by now I am in my fourth year. What would then be the point of counting backwards from June 2015 (the anniversary of my greencard). Shouldn't in this case the marriage count?

[Dave&Roza 748]

There are many people who have dual citizenship. I was just wondering if triple citizenship might be an issue.

As for the 90 days, it states:

"The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required three-year period of continuous residence."

Now, I already met that condition last year. I was a resident from 2011 onwards, so by now I am in my fourth year. What would then be the point of counting backwards from June 2015 (the anniversary of my greencard). Shouldn't in this case the marriage count?

Yes, but go down to:

"E. 90-Day Early Filing Provision (INA 334)

The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required three-year period of continuous residence.^[10] See INA 334(a). See 8 CFR 334.2(b). Although an applicant may file early and may be interviewed during that period, the applicant is not eligible for naturalization until he or she has satisfied the required three-year period of residence. All other requirements for naturalization must be met at the time of filing.

USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the day the applicant would satisfy the three-year continuous residence requirement for the first time is on June 10, 2010, USCIS will begin to calculate the 90-day early filing period from June 9, 2010.

In cases where an applicant has filed early and the required three-month period of residence in a state or Service District falls within the required three-year period of continuous residence, jurisdiction is based on the three-month period immediately preceding the examination on the application (interview).^[11]"

This is because MOST people get married first and then become a LPR so they meet the 3 years married to a USC before they meet the 3 years as a LPR.

Dave

[nobbie 105]

Hi, I am a German citizen and holder of the 10-year Green card. My question is. I am married to my current wife since May 2012. So I can apply for citizenship next year in May. (the three year thing) The issue is, I will return to Germany in a month, and live there. Question, can I still apply for citizenship when I am not living in the US?

2) Also, I was previously married to another American, which lasted for one and a half years. Can I combine these years with the years of the current marriage, to apply for citizenship before I go to Germany, and without waiting till summer 2015?

Many thanks!

Do you really want / need to become a US citizen, remember if you do you will be obliged to file US taxes forever and ever. if you are going to live in Germany then why bother.

[Gnagnagna 1]

The taxes in Germany are higher than in the US, so I wouldn't have to pay any to the IRS anyhow. Also, since my wife is American, we might come back after a couple of years, or just visit for longer. Thus it is more economic for me to have the passport.