when to apply citizenship

[almadelapena 0]

i am married to US citizen under k1 visa got married and still married until now. ..... I got my 2 year permanent resident last 10/14/2009..

next I got my 10 year permanent resident last 10/20/2011

and I apply for permission to travel outside US for 2 years got approved November 13, 2011,

and went back to my country for less than 2 years but only 1 day before my authorization to travel expire..go back US November. 12, 2013.

and still very much happy and inlove to my wonderful husband.

my question is now that I am back in US since November 12, 2013 when I can apply for citizenship considering that I am not in US for 2 years.

hope someone can help me answer my question.

thanks everyone

[NancyNguyen 1,657]

You can apply tomorrow under 5 years rule to save from headache.

[Buckyball 22]

Wrong. He/she can apply 90 days before 12/3/2017 if he/she meets at this point the continious residence and physical presence requirement.

[JimmyHou 610]

You have to wait 2 years and 1 day from the day you returned to apply based on marriage or 4 years and 1 day to apply based on your own qualifications as a permanent resident.

So you can apply on 11/13/2015 or 11/13/17.

I can look it up, but I don't know if you can apply 90 days before these dates (in other words, I don't know if you can apply 90 days early when you are using the 2+1 rule or the 4+1 rule).

You should be aware that if you apply based on marriage and your spouse was not with you when you lived abroad for 2 years, you will likely have a hard time. You may want to consider waiting until 2017.

Further extended travel may push these dates back further.

Wrong. He/she can apply 90 days before 12/3/2017 if he/she meets at this point the continious residence and physical presence requirement.

Hey Bucky, I see how you got 2017, but where did 12/3 come from? I want to make sure my advice above wasn't wrong and you're usually right about these things. Edited June 3, 2015 by JimmyHou

[JimmyHou 610]

You can apply tomorrow under 5 years rule to save from headache.

Nancy, the two year trip certainly broke continuous residency, so the OP won't be eligible to apply under the 5 year rule until 2018. He/she can use the 4+1 rule or 2+1 rule for returning residents to apply earlier if all the conditions are met.

Edited June 3, 2015 by JimmyHou

[NancyNguyen 1,657]

Nancy, the two year trip certainly broke continuous residency, so the OP won't be eligible to apply under the 5 year rule until 2018. He/she can use the 4+1 rule or 2+1 rule for returning residents to apply earlier if all the conditions are met.

Yes I realized it, thank you mr.

[almadelapena 0]

thank you everyone for replying.that means i can apply for 2+1 im curious my husband is not with me when i travel outside the US but he is sending us money cuz we have daughter with me and me studying in my country but since we need money he nees to work to be able to send us money was it a good reason to explain when i apply my naturalization? so can i apply november 15 2015 though?thank u

[JimmyHou 610]

thank you everyone for replying.that means i can apply for 2+1 im curious my husband is not with me when i travel outside the US but he is sending us money cuz we have daughter with me and me studying in my country but since we need money he nees to work to be able to send us money was it a good reason to explain when i apply my naturalization? so can i apply november 15 2015 though?thank u

You need to check your dates very carefully, don't rely on what I tell you because I don't know any details beyond what you said.

There is a rule that allows you to apply 2 years and 1 day after you return to the US if you are applying based on marriage to a US citizen.

Since you spent 2 years away from your husband, there's a chance that you're application will be denied.

If you are denied, then you can apply in 2017.

If you lived in the US for at least one year before you moved abroad, and you had a reentry permit, and you returned before the permit expired, then you should be able to use the 2+1 rule.

Any time you try to speed things up, USCIS will ask more questions. If you use the 2+1 rule, you'll get more questions than if you use the 3 year rule, which will have more questions than the 5 year rule.

[almadelapena 0]

@jimmy hi..this is all my information

april 28, 2009 arrival in us

june 2009 married in us

october 14,2009 got 2 yr gc

october 20, 2011 got 10 yr gc

nov 7,2011 granted authorization to travel out US

nov 13,2011 went back to my country with my little one born here in US

from the date of arrival here in US april 28,2009 to november 13,2011 i stay in US i stay 2 yrs in US before i went back to my country

November 12,2013 back in US to my husband...

all these years i stay married to my husband and he support us when we are not in US sending money and stuff we needed,i just wanna know when i become citizen because i want to apply federal job which is being US citizen is a requirement.

thank you,

happily married and inlove to my husband and soon will have another addition to our family yayyy.thanks guys hope someone can answer my inquiry.

[JimmyHou 610]

From the USCIS polocy manual:

3. Eligibility after Break in Residence​

​

An applicant who is required to establish ​continuous​ residence for at least five years​[14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ [15] may apply two years and one day after returning to the United States to resume permanent residence.​ [16]

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[almadelapena 0]

@jimmy thank you for your help and to everyone who reply on my question.thanks again

[ranktactics 0]

Hi,

From my experience you have to wait 2 years from the day you arrived back.

[raven52 233]

Lots of opinions on this one.

I have not seen something like this posted here.

Very interesting,

but I think from what I know, that

JimmyHou is right.

Just my opinion.