Question on applying for naturalization, but having stayed abroad over 6 months

[IcezMan_IcezLady 582]

16 hours ago, NancyNguyen said:

There is no need to prove anything for now, it is interviewer's discretion to determine if you've broken your continuous residency. You will have a chance to do so at interview. So only way to find out is to apply N400. By the way, it was back in 2014 so it is pretty much you would be okay. Good luck.

that's not true.It is not the responsibility of the interviewer or DHS to determine you followed the law. 

OP is legally responsible for understanding and following the law. 

You have been through this immigration stage for far too long to make a suggestion like that. 

Eligibility requirement id for OP to read and understand. 

 

She doesn't qualify at this moment based on time spent inside the US alone.  She will get denied and waste her money if she applies in hopes of interviewer applying the rules for her.

[NancyNguyen 1,657]

5 hours ago, IcezMan_IcezLady said:

that's not true.It is not the responsibility of the interviewer or DHS to determine you followed the law. 

OP is legally responsible for understanding and following the law. 

You have been through this immigration stage for far too long to make a suggestion like that. 

Eligibility requirement id for OP to read and understand. 

 

She doesn't qualify at this moment based on time spent inside the US alone.  She will get denied and waste her money if she applies in hopes of interviewer applying the rules for her.

Read N400 worksheet (based on marriage to USC) before making such statement.

 

[Mariam&Smith 45]

On 2/17/2017 at 3:14 PM, IcezMan_IcezLady said:

that's not true.It is not the responsibility of the interviewer or DHS to determine you followed the law. 

OP is legally responsible for understanding and following the law. 

You have been through this immigration stage for far too long to make a suggestion like that. 

Eligibility requirement id for OP to read and understand. 

 

She doesn't qualify at this moment based on time spent inside the US alone.  She will get denied and waste her money if she applies in hopes of interviewer applying the rules for her.

2015 + 2016 are more than 18 months for LPR marriage to USC already. 

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

One requirement about continuous residence is "During the past three years, I have not been out of the country for 18 months or more." which OP does meet it.

Edited February 21, 2017 by Penguin_ie
tos

[Boryslav 0]

7 hours ago, STIG said:

It sounds as if the OP's spouse only lived with his parents during his absence. If they lived in their own residence before and after the absence, then I am afraid the OP is out of luck. Can the OP please clarify

Before I went abroad, I was a student in the US and after the mariage adjusted my status. We were living at my spouse's parents' house, paying them rent and I took a job as a contractor which allowed me to continue working for the company while abroad. I kept full access to my in-laws' house, my mail was delivered there, my clothes, furniture, personal belongings remained in the house, US bank accounts and cards were active as well as I had a US medical insurance and filed my taxes. 

Two months before my return to the US, my spouse moved out of his parent's house, we signed a lease for an apartment and while still abroad I was paying monthly rent for this place where upon my return in Sep. 2014 we stayed until November 2015. I hope this clarifies the case a little more.

[NancyNguyen 1,657]

51 minutes ago, Boryslav said:

Before I went abroad, I was a student in the US and after the mariage adjusted my status. We were living at my spouse's parents' house, paying them rent and I took a job as a contractor which allowed me to continue working for the company while abroad. I kept full access to my in-laws' house, my mail was delivered there, my clothes, furniture, personal belongings remained in the house, US bank accounts and cards were active as well as I had a US medical insurance and filed my taxes. 

Two months before my return to the US, my spouse moved out of his parent's house, we signed a lease for an apartment and while still abroad I was paying monthly rent for this place where upon my return in Sep. 2014 we stayed until November 2015. I hope this clarifies the case a little more.

You are fine, stop being paranoid. Meanwhile, please do the N400 worksheet to see your eligibility. 

[STIG 5]

Can I suggest you consult with an immigration attorney rather than take the advice of people who just do not know for sure. Based on your latest post, you may in fact be okay, but rather confirm with an attorney. There are quite a few who have set up shop in the airports due to the upcoming revised Executive Order. Great oppurtunity to get free advice. 

[IcezMan_IcezLady 582]

On 2/18/2017 at 3:43 PM, STIG said:

Can I suggest you consult with an immigration attorney rather than take the advice of people who just do not know for sure. Based on your latest post, you may in fact be okay, but rather confirm with an attorney. There are quite a few who have set up shop in the airports due to the upcoming revised Executive Order. Great oppurtunity to get free advice. 

I agree ^^

[IcezMan_IcezLady 582]

On 2/17/2017 at 8:26 PM, NancyNguyen said:

Read N400 worksheet (based on marriage to USC) before making such statement.

 

I wasn't referring to the worksheet. I was referring to your statement about the [interviewer determining whether someone followed the law]. 

If anyone makes that mistake and allow the immigration officer make that determination, the person risks losing the fees paid if the person didn't qualified.

 

On the second part of my statement,

I withdraw that OP didn't qualify since the eligibility contradicts my statement.

[Penguin_ie 5,986]

***** After review, and removing many posts, this thread will remain locked as Op got their answer. ******

Edited February 21, 2017 by Penguin_ie