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mahdieh360

Naturalization while more than 1 year be out of US

By mahdieh360 in US Citizenship General Discussion

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mahdieh360 Explorer

mahdieh360   3

Posted
Filed: Country: Sweden
 Timeline
Posted

Hi

My husband is a green card holder from 2010.

2 years ago, he was out of US for 13 months without filing reentry permit ( a big mistake that we did not know) . at the airport the officers was nice enough and told him that they allow him to enter US with the condition that do not leave country for more than 6 months. he said that they could cancel the green card but they wont.

now he wants to file for naturalization, but we see in the condition that a peson should not be out of country for more than 1 year without permit. so according to the flowchart in the website, he is unqualified.

any body knows when he can file for naturalization? or better to ask, will he be able to get passport any time in future? or he is permanently disqualified?

Thanks

1/10/2013 : We sent I130 application to chicago

3/10/2013 : Application received - Priority date

8/10/2013 : NOA1 hard copy received

26/3/2015: Case Transfered to California

2/4/2015 : I-130 Approval

5/4/2015 : NOA2 Hard Copy received

23/4/2015 : NVC recieved the case

1/5/2015 : Case number and IIN assigned (Phone Call)

11/5/2015 : DS-261 Available and completed

27/5/2015 : Both fees were paid via post

28/5/2015 : AOS and IV package mailed to NVC

6/6/2015 : Scan date - Document received by NVC

5/7/2015 : DS-260 Available and completed

6/7/2015 : Checklist ( marriage certificate from another authority- i864 ( missing tax for 2014)

16/7/2015 : our new Scan date

12/10/2015 : 2nd checklist: NVC lost the resident permit document and ask it again.

20/10/2015 : new scan date

24/11/2015: case complete

CONSULATE

24/1/2016 : Medical
2/2/2016 : Interview
3/3/2016 : Visa in hand
15/4/2016 : POE

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

As long as he is allowed entry to resume his residency, he is allowed to file for naturalization but should wait lil bit longer since continuous reaidency has been broken.

If your husband plans to file for naturalization thru marriage with 3-year rule, he can apply for naturalization 2 years and 1 day after his return from that over a year trip.

If he chooses thru 5 yr residency path, he can apply for naturalization 4 years and 1 day after his return from that trip.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

mahdieh360 Explorer

mahdieh360   3

Posted
Filed: Country: Sweden
 Timeline
  • Author
Posted

As long as he is allowed entry to resume his residency, he is allowed to file for naturalization but should wait lil bit longer since continuous reaidency has been broken.

If your husband plans to file for naturalization thru marriage with 3-year rule, he can apply for naturalization 2 years and 1 day after his return from that over a year trip.

If he chooses thru 5 yr residency path, he can apply for naturalization 4 years and 1 day after his return from that trip.

thanks for answer. He has GC from lottery and I assume he needs to wait for 5 years then after that more than 1 year oversea.

but good that he does not loose the green card :) . we were so worried.

1/10/2013 : We sent I130 application to chicago

3/10/2013 : Application received - Priority date

8/10/2013 : NOA1 hard copy received

26/3/2015: Case Transfered to California

2/4/2015 : I-130 Approval

5/4/2015 : NOA2 Hard Copy received

23/4/2015 : NVC recieved the case

1/5/2015 : Case number and IIN assigned (Phone Call)

11/5/2015 : DS-261 Available and completed

27/5/2015 : Both fees were paid via post

28/5/2015 : AOS and IV package mailed to NVC

6/6/2015 : Scan date - Document received by NVC

5/7/2015 : DS-260 Available and completed

6/7/2015 : Checklist ( marriage certificate from another authority- i864 ( missing tax for 2014)

16/7/2015 : our new Scan date

12/10/2015 : 2nd checklist: NVC lost the resident permit document and ask it again.

20/10/2015 : new scan date

24/11/2015: case complete

CONSULATE

24/1/2016 : Medical
2/2/2016 : Interview
3/3/2016 : Visa in hand
15/4/2016 : POE

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

thanks for answer. He has GC from lottery and I assume he needs to wait for 5 years then after that more than 1 year oversea.

but good that he does not loose the green card :) . we were so worried.

It doesn't matter how he got his GC. It just matters whether he's been married to a USC for 3 years.

And it's 4 years + 1 day (or 2 years + 1 day if under the 3-year rule).

 
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