Reside in UK, can I file N400 online?

[Adamisawesome 2]

6 minutes ago, Russ&Caro said:

You can get very good advice here at VJ. Helps to be open to the advice and understand that many experts on here are very direct, which some people feel is rude but really is not.

 

A note on timelines outside of the country... the guidelines set by USCIS is not 1 year outside of the country but instead just 6 months. If you plan on being outside of the country for more than 6 months you should get a re-entry permit, as advised above. There seems to be many cases where being outside of the country in between 6 and 12 months has been allowed; however, this is not the guideline. If your husband will be outside of the country for an extended period of time, then you should focus on retaining your residency (green card), not your citizenship. You can always restart the clock on citizenship down the road when you return to the United States for a 3 year stretch of time. Good luck!

Couldn’t agreed anymore! My husband is going to consult with the lawyer from his company and see how it goes. Definitely retaining the residency is priority. 

 

Thanks!

[JFH 12,189]

If it were possible to gain citizenship merely by being married to a USC but living overseas then there would be a lot more applications for citizenship. Best in mind, there are some USCs who have never lived in the USA (and may not even have any intention to). Their spouses are not eligible for citizenship. If living overseas with a USC were enough to qualify for citizenship then there would be no need for DCF, for example. 

[Kastrs 723]

53 minutes ago, Adamisawesome said:

Couldn’t agreed anymore! My husband is going to consult with the lawyer from his company and see how it goes. Definitely retaining the residency is priority. 

 

Thanks!

Is this company lawyer an experienced immigration attorney? I would not take advice from an attorney who is not familiar with these matters

[SusieQQQ 11,585]

1 hour ago, Russ&Caro said:

A note on timelines outside of the country... the guidelines set by USCIS is not 1 year outside of the country but instead just 6 months. If you plan on being outside of the country for more than 6 months you should get a re-entry permit, as advised above. There seems to be many cases where being outside of the country in between 6 and 12 months has been allowed; however, this is not the guideline. 

This is not correct. The guideline set by USCIS IS indeed one year out the country. This is noted in a number of official uscis publications and websites, including the opening paragraph of their document about when you need a re-entry permit https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf  ....you can also check the uscis pages on international travel as a permanent resident, etc, they ALL say the same thing - one year is the guideline.

However they also all note that shorter absences can be seen as abandonment if the green card holder is residing in another country, which clearly is the case here, so it is imperative that she does indeed get a re-entry permit.

.....

Maybe you are thinking about 6 months because you break the continuous presence requirement for naturalization by being out for longer than 6 months - whether or not you have a re-entry permit.

 

 

Edited August 28, 2018 by SusieQQQ

[CEE53147 559]

2 hours ago, CarlHamilton said:

And with all due respect to VJ contributors, you should talk to a lawyer before you rearrange your life around residency requirements.

 

Your DH's company should have an immigration attorney. Please have that person review your entire situation!!!

[Russ&Caro 1,548]

1 hour ago, SusieQQQ said:

This is not correct. The guideline set by USCIS IS indeed one year out the country. This is noted in a number of official uscis publications and websites, including the opening paragraph of their document about when you need a re-entry permit https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf  ....you can also check the uscis pages on international travel as a permanent resident, etc, they ALL say the same thing - one year is the guideline.

However they also all note that shorter absences can be seen as abandonment if the green card holder is residing in another country, which clearly is the case here, so it is imperative that she does indeed get a re-entry permit.

.....

Maybe you are thinking about 6 months because you break the continuous presence requirement for naturalization by being out for longer than 6 months - whether or not you have a re-entry permit.

 

 

Ahh, thanks for the correction. I try to limit the advice I give to things I know and in this case I strayed a little from that comfort zone.

[mcdull 474]

it amuses me when someone looks for advise and was given the correct answer and then s/he would make a self-serving counter argument.

 

 

No, oil and gas company is not exempt, no, you cannot apply for citizenship, and yes you may have abandoned your residency.

 

[JFH 12,189]

A re-entry permit would probably not work since your husband has taken employment overseas. By doing so, you have made the UK your place of residency. I’m guessing this move offered an advantage over remaining in the US? 

[Russ&Caro 1,548]

26 minutes ago, mcdull said:

it amuses me when someone looks for advise and was given the correct answer and then s/he would make a self-serving counter argument.

 

I'm pretty sure this is the exact opposite of what the OP has done by opening this thread and responding to the advice she has been given. The "self-serving counter arguments" you accuse her of making were actually direct statements made by USCIS, when she called them for guidance. She came here to confirm these statements and now seems to understand they were wrong.

[SusieQQQ 11,585]

31 minutes ago, JFH said:

A re-entry permit would probably not work since your husband has taken employment overseas. By doing so, you have made the UK your place of residency. I’m guessing this move offered an advantage over remaining in the US? 

Isnt this part of what a re-entry permit is for - to protect against losing your green card when taking io residency elsewhere for a time? Of course this only works if it is for say a year or two - as it type I realize it’s not actually clear to me how long OP intends to stay out the US for. If permanently, then indeed the REP would be no help.

[mushroomspore 3,043]

10 minutes ago, SusieQQQ said:

Isnt this part of what a re-entry permit is for - to protect against losing your green card when taking io residency elsewhere for a time? Of course this only works if it is for say a year or two - as it type I realize it’s not actually clear to me how long OP intends to stay out the US for. If permanently, then indeed the REP would be no help.

Correct. And it can only be applied for within the US, so that is OP's first obstacle. Hard to know what CBP will say when OP comes back.

[CarlHamilton 252]

9 minutes ago, mushroomspore said:

Hard to know what CBP will say when OP comes back.

Something along these lines: "You've been absent from the US for more than 6 months.  Prove to me that you haven't abandoned your permanent resident status." 

[JFH 12,189]

1 hour ago, SusieQQQ said:

Isnt this part of what a re-entry permit is for - to protect against losing your green card when taking io residency elsewhere for a time? Of course this only works if it is for say a year or two - as it type I realize it’s not actually clear to me how long OP intends to stay out the US for. If permanently, then indeed the REP would be no help.

Well it’s not for people who choose to set up home overseas. If you’re going on a temporary assignment of 12 months, for example, and maintaining residency here such as financials, furniture in storage, etc. But they have elected to take a job overseas and moved their lives there. Taking up employment overseas (which is completely different than being sent to an overseas office temporarily for a project) is one of the biggest things that counts against you in your quest to demonstrate that you only intended to be gone a short while. 

Edited August 28, 2018 by JFH

[geowrian 22,336]

6 hours ago, Adamisawesome said:

I absolutely agreed with you. We called USCIS twice, clarified twice, both employees said I’m eligible. But, I trusted VJ more, thanks for spending time for such inputs. I rather try to apply re-entry permit for now, and then N400 later when I return to Houston to establish back the residency requirements.

You are eligible to file...but would not eligible for approval. Unless you work falls into one of the categories listed above, the time outside the US will be counted against you. Taking up a residence and job will as well.

It sounds like the move is not temporary...you just want citizenship so you can easily return later (visits or possibly move back).

Either way, you must meet the physical presence, continuous residence, and 3 month district residence requirements (as well as others), which won't apply in your case with the stated plans.

[SusieQQQ 11,585]

It’s totally unclear to me how long they intend to stay out for (there still seem to be some ties in Houston given OP specifically talks about returning there every time, not clear if the company ttansfer is permanent or temporary), however, it’s clear that previous advice they were given and/or what they understood is off target - example, the idea of returning every 10 months to “keep a green card”, it doesn’t work like that if you are actually living elsewhere. Agree at this point just keeping the green card will be a bigger issue than getting citizenship. 

Edited August 28, 2018 by SusieQQQ