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N-400 : Husband abandoned GC not knowing we could apply for citizenship after 3 years in US

By jess831 in US Citizenship General Discussion

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jess831 Newbie

jess831   0

Posted
Filed: Timeline
Posted

Hi everyone - I am in need of your advice! My husband is a UK citizen and previous GC holder and I'm a US citizen. We have 2 kids (UK/US citizens) and we are trying to figure out what to do to get my husband into the US, preferably by applying for citizenship via N-400. Our story is a big long so i'll summarize in bullet points...

  • Husband and I meet abroad (teaching English in S. Korea)
  • Husband and I get married in US in 2007 (applied for GC via fiancee visa)
  • Husband and I lived in US until 2010 (three full years) then moved back to S. Korea to teach English
  • Lived in S. Korea for 6 years (had 2 kids there)
  • Husband abandoned GC in 2015: he used to travel to the US for a week every year to try to maintain residency but was told by an immigration officer that he couldn't do that and needed to abandon.....REGRET!!!
  • Moved to UK (I went on VWP on 2 6 month long trips only to find out I'm only allowed to be in UK 6 months out of 12 months)
  • I came back to US with 2 kids since I can't go back to the UK again...
  • Applied for another GC for husband in Oct. 2016 (just petition approved) but randomly spoke with someone who told me he should apply for citizenship...

 

So, would my husband be eligible to apply for US citizenship? We've been married for 10 years, we have been paying joint taxes even while abroad and have bank statements/insurance sent to an address in the US. 

 

I feel so overwhelmed and confused...I just applied for a UK spousal visa but was told it could take 3-4 months....might ask for a refund if this route is possible...

Starkilla09 Proficient

Starkilla09   366

Posted
Filed: Citizen (apr) Country: Cameroon
 Timeline
Posted

No unfortunately your husband is no longer eligible again since he is no longer a lawful permanent resident. He has to regain his lost status and live in U.S. for atleast 3 years to be eligible to apply.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

Cathi Veteran

Cathi   5,860

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted (edited)

If he does not have a green card he does not have legal status in the US and cannot apply for citizenship. Just because you've been married for 10 years doesn't mean he can automatically apply for citizenship. Once he gets a new green card he can apply for citizenship after 3 years but he MUST be living in the US for those 3 years. It's best not to take random advice.

Edited by mimolicious


Penguin_ie Grand Master

Penguin_ie   6,001

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

It sounds like he may have been elligibl for citizenship in 2010, but that elligibility is not long term, it goes away, and he is not elligible now.

 

More bad news:  a IR-1 spousal visa takes 12-14 months, unless you were able to file DCF before you left the UK, but it doesn't sound like you were there long enough/ on a resident visa.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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