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mom092511

Please help me with my situation

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I was granted a greencard Jan 10,2013. Stayed in the US from jan to April. Went back to my home country to celebrate my son's first birthday there. I got pregnant while i was in the US. when i had my prenatal checkup in the Philippines, OB-GYN found out i had a hemmorrhage, she put me on bed rest for like 3 months and didn't let me travel back to the US. I only intended to stay in the Philippines for 2 months. But since my OB-GYN did not let me travel, my husband and I decided to just stay in the PI. after all, he would be deployed on Nov, which was the same month i was due to give birth. When my OB-GYN put me off of bed rest around July, I went back to the US for 13 days to spend quality time with my husband. Thats was like our 2nd honeymoon because when we got married in PI, i got pregnant right away and he had to go back to the US to work. He was not around when i gave birth to our first born because he was deployed to africa. When i came back to the Philippines after my trip to the US in July, my husband received a letter from USCIS to have my biometrics done because we requested to correct my name on my green card.. I flew to Guam to have it done there. Stayed there for like 1.5 days only. Fast forward, My husband went to PI and stayed there until a day after i gave birth because he was scheduled to get deployed again. So from Nov of 2013- July of 2014, i stayed in the Philippines because i could not give birth in the US because i had to undergo C-sec and nobody would look after my son who's only 1.5 years that time and my husband would be deployed on the same month i was due. My husband came back from deployment last july and was scheduled to go back to the PI in aug. Since it was almost a year since i was out of the US, i went back to guam and met up with my husband there who flew all the way from HI, and both went to PI to see our kids. By the way, while he was deployed, he already applied for a housing in HI because we were all scheduled to go back to the US with him in august, but unfortunately, housing was still not approved when he came back to HI from deployment, and no enough time to look for a house in a short period of time. My husband decided to just let the family stay in the PI while he was waiting for the housing approval. November, still no house, but since we could not afford to be away from each anymore, we decided to go with him when he went back to the Philippines to celebrate our daughter's 1st birthday. We all arrived in the US Nov of 2014. Now my question is, should I apply for naturalization on Jan of 2016 since that would be my 3rd year as LPR? Will the USCIS count the days i spent in the PI when i was put on bed rest, and my husband was deployed as physical presence in the US? I woudnt mind the time i was put on bed rest, but i was hoping they would count the days while my husband was deployed. I really need legal advice because if you'd tell me not to pursue with the n400 application i would not do it anymore. I dont want for my application to be rejected and would not want to spend that much money if there's no chance of approving it. My husband is scheduled to be deployed again on Aug of 2015 for another 7 months. I do not know if i should just stay here in the US for naturalization purposes even though he's away or if i should just go back to PI while he's deployed. Our situation is really hard as he's always deployed every year. Please enlighten me. Thank you very much.

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Since you want legal advice then you should consult with an experienced immigration attorney; no one here can provide that for you.


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

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Only you can decide. Just keep in mind, you may also lose your GC if you stay outside the US longer than in.

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You can look up the residency requirements for naturalisation, there is a residency requirement.

Or obtain legal advice.

Sounds like you have been lucky so far, probably not a good idea to push it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I have read the residency requirements for naturalization, however, my case was different because my husband and i were not together while he was deployed. :(

You can look up the requirements and checklist regarding naturalization. Even if you and your husband were not physically together you can submit other evidence of marriage, like joint bank account. But you need to fulfill the requirement to be physically present in US soil for a certain period of time before you can file for citizenship.

this worksheet will help you decide if you are eligible to file the citizenship.

http://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf

is your husband in US military service?


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1/31/16 - Got married

2/24/16 - AOS, EAD, AP packet sent

2/29/16 - Received Date

3/03/16 - Received text and email notification

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3/19/16 - Biometric scheduled received by mail

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5/24/16 - Card was picked-up by USPS (online status)

5/26/16 - Green Card on Hand!!! :goofy:

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My reading of the situation... The only exception to the physical presence requirement is if you are about to leave the country to join your husband who is being deployed for an extended period, which is generally, but not always, considered to be a period of one year. It doesn't matter whether or not your time outside the US in the past was with your husband or not, as long as when you apply for naturalization you are about to leave the US to join him abroad on his deployment. If this is the case, it automatically exempts you from the physical presence requirement for the past three years if you apply under section 319b. However, based on what you've written here it looks like first of all he will not be gone for a full year, and secondly you will not be joining him on his deployment. This means that you are not eligible to be exempted from the physical presence requirement and you will have to wait until you have met the requirement of living in the US. Your bed-rest time as well as the time he was deployed and you were not with him but were outside of the US will not count towards this time.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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I was granted a greencard Jan 10,2013. Stayed in the US from jan to April. Went back to my home country to celebrate my son's first birthday there. I got pregnant while i was in the US. when i had my prenatal checkup in the Philippines, OB-GYN found out i had a hemmorrhage, she put me on bed rest for like 3 months and didn't let me travel back to the US. I only intended to stay in the Philippines for 2 months. But since my OB-GYN did not let me travel, my husband and I decided to just stay in the PI. after all, he would be deployed on Nov, which was the same month i was due to give birth. When my OB-GYN put me off of bed rest around July, I went back to the US for 13 days to spend quality time with my husband. Thats was like our 2nd honeymoon because when we got married in PI, i got pregnant right away and he had to go back to the US to work. He was not around when i gave birth to our first born because he was deployed to africa. When i came back to the Philippines after my trip to the US in July, my husband received a letter from USCIS to have my biometrics done because we requested to correct my name on my green card.. I flew to Guam to have it done there. Stayed there for like 1.5 days only. Fast forward, My husband went to PI and stayed there until a day after i gave birth because he was scheduled to get deployed again. So from Nov of 2013- July of 2014, i stayed in the Philippines because i could not give birth in the US because i had to undergo C-sec and nobody would look after my son who's only 1.5 years that time and my husband would be deployed on the same month i was due. My husband came back from deployment last july and was scheduled to go back to the PI in aug. Since it was almost a year since i was out of the US, i went back to guam and met up with my husband there who flew all the way from HI, and both went to PI to see our kids. By the way, while he was deployed, he already applied for a housing in HI because we were all scheduled to go back to the US with him in august, but unfortunately, housing was still not approved when he came back to HI from deployment, and no enough time to look for a house in a short period of time. My husband decided to just let the family stay in the PI while he was waiting for the housing approval. November, still no house, but since we could not afford to be away from each anymore, we decided to go with him when he went back to the Philippines to celebrate our daughter's 1st birthday. We all arrived in the US Nov of 2014. Now my question is, should I apply for naturalization on Jan of 2016 since that would be my 3rd year as LPR? Will the USCIS count the days i spent in the PI when i was put on bed rest, and my husband was deployed as physical presence in the US? I woudnt mind the time i was put on bed rest, but i was hoping they would count the days while my husband was deployed. I really need legal advice because if you'd tell me not to pursue with the n400 application i would not do it anymore. I dont want for my application to be rejected and would not want to spend that much money if there's no chance of approving it. My husband is scheduled to be deployed again on Aug of 2015 for another 7 months. I do not know if i should just stay here in the US for naturalization purposes even though he's away or if i should just go back to PI while he's deployed. Our situation is really hard as he's always deployed every year. Please enlighten me. Thank you very much.

No one here can give you "legal advice." If you want legal advice, then you must hire a lawyer.

If your husband was deployed, then you living in the US under the green card would mean living together. If you lived with him during his deployment, then you are living together. But, if he is deployed and you decide to abandon your US home and live in the PI, then you can not claim living together.

Did you file for ROC?

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Did you ever file for ROC for a removal of conditions on your green card? You were suppose to file it before Jan 10 2015 ...???

Hi. Yes I did, October of last year. It is still being processed. Im not even worried about it at all since I am already done with the FP. :)

No one here can give you "legal advice." If you want legal advice, then you must hire a lawyer.

If your husband was deployed, then you living in the US under the green card would mean living together. If you lived with him during his deployment, then you are living together. But, if he is deployed and you decide to abandon your US home and live in the PI, then you can not claim living together.

Did you file for ROC?

Yes I did. :)

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My reading of the situation... The only exception to the physical presence requirement is if you are about to leave the country to join your husband who is being deployed for an extended period, which is generally, but not always, considered to be a period of one year. It doesn't matter whether or not your time outside the US in the past was with your husband or not, as long as when you apply for naturalization you are about to leave the US to join him abroad on his deployment. If this is the case, it automatically exempts you from the physical presence requirement for the past three years if you apply under section 319b. However, based on what you've written here it looks like first of all he will not be gone for a full year, and secondly you will not be joining him on his deployment. This means that you are not eligible to be exempted from the physical presence requirement and you will have to wait until you have met the requirement of living in the US. Your bed-rest time as well as the time he was deployed and you were not with him but were outside of the US will not count towards this time.

Hi. thank you for your reply. Yes my husband will not be gone for a full year. Only 7 months. He is riegularly deployed every year not the "regular" as described by USCIS as minimum of 1 year. My husband has been doing it for I think 4 consecutive years now.

I think I have to pass this year for the application. Maybe The 5 year route then.

Do you happen to know if I can apply for N400 after the 5th year? Lets just say for example on my 7th year as LPR? :)

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Hi. thank you for your reply. Yes my husband will not be gone for a full year. Only 7 months. He is riegularly deployed every year not the "regular" as described by USCIS as minimum of 1 year. My husband has been doing it for I think 4 consecutive years now.

I think I have to pass this year for the application. Maybe The 5 year route then.

Do you happen to know if I can apply for N400 after the 5th year? Lets just say for example on my 7th year as LPR? :)

As long as you:

1- don't do anything to lose your green card before then (for example, don't go live abroad for 2 years)

2- meet all the requirements in the 5 years immediately preceding your application.

Some people keep their green cards for 30 years before they apply for citizenship.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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As long as you:

1- don't do anything to lose your green card before then (for example, don't go live abroad for 2 years)

2- meet all the requirements in the 5 years immediately preceding your application.

Some people keep their green cards for 30 years before they apply for citizenship.

Thank you. One more thing, what if i wasnt able to complete the requirements of physical presence within 5 years, can i complete it even after the 5th year? What if i have already completed the physical presence on my 6th year, am i still eligible to apply?

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There is no need to ever apply for US Citizenship


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you. One more thing, what if i wasnt able to complete the requirements of physical presence within 5 years, can i complete it even after the 5th year? What if i have already completed the physical presence on my 6th year, am i still eligible to apply?

As long as you meet the requirements in the 5 years preceding your application. If you don't meet the requirements in 2011-2016, you can wait until 2017, but then you have to meet the requirements in 2012-2017... 2011 will no longer count.

Also, if you live abroad for too long, you can lose your green card altogether.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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