Reside in UK, can I file N400 online?

[nastra30 2,028]

59 minutes ago, CarlHamilton said:

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." 

Proof that you did not abandon your U.S. residency includes:

1. Evidence of recent federal and state tax returns
2. Unexpired valid US drivers license or State ID
3. If  you are still employed by a US company and still getting salary from them
4. Evidence of property ownership or lease of a property such as home or a business
5. Evidence of owning other assets like a bank account, retirement account, investment accounts
6. Evidence of immediate family members still in the US like children, spouse etc
7. Evidence of maybe registration to schools, or professional affiliations or club memberships

Of course the more evidence, the better the case.

[nastra30 2,028]

But overall, maintaining residency in order to keep your LPR status has totally different requirements than maintaining residency to obtain N400 citizenship. In fact for citizenship, there's even an additional state residency requirement which requires that you must have resided in the state you are applying in for the last 3 months. So not only do you have to meet federal residency requirements you must also meet state residency requirements to apply for N400. In US immigration system, some things are simple, some things are complex, some things are confusing, some things are straightforward, some things need lawyers, some things don't need lawyers. For you case, I think a legal advice from an Immigration lawyer should be sort after. Not any lawyer but an Immigration lawyer; it's critical. In my opinion I think you should be more concern about your LPR continuous residency status/requirements than your N400 citizenship application. You can always apply for N400 later in the future after you've sorted out the continuous residency issue. You don't want to find yourself in a situation where USCIS takes your money, takes long to review your case, and to add 'insult' to more 'injury' ultimately denies your application on top of that. Good luck with everything.

Edited August 28, 2018 by nastra30

[Adamisawesome 2]

1 hour ago, geowrian said:

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.

My husband’s company transferred him to UK for a 2 years job assignment. We have biometric residence permit in UK valid for 2 years as well. 

 

We definitely will move back back to Houston, we have property, banks accounts, joint tax filing every year since we married in Houston. I’m not cheating the system, just want to do the right thing and minimizing the cost and time consuming. The re-entry permit has to be done before we leave Houston to UK, but we can’t stay as long as 60days to wait for the approval because of the job transfer. Therefore we leave without me having apply the re-entry permit. Both my husband and son are American.  

 

After getting opinión here and there, we going to ask for more information from my husband’s company internal immigration lawyer. My previous lawyer for the LPR was charging us too expensive, hence we felt hesitant go back to her again. 

 

Will update in in the next few days. Thanks again people. 

[SusieQQQ 11,585]

19 minutes ago, Adamisawesome said:

My husband’s company transferred him to UK for a 2 years job assignment. We have biometric residence permit in UK valid for 2 years as well. 

 

We definitely will move back back to Houston, we have property, banks accounts, joint tax filing every year since we married in Houston. I’m not cheating the system, just want to do the right thing and minimizing the cost and time consuming. The re-entry permit has to be done before we leave Houston to UK, but we can’t stay as long as 60days to wait for the approval because of the job transfer. Therefore we leave without me having apply the re-entry permit. Both my husband and son are American.  

 

After getting opinión here and there, we going to ask for more information from my husband’s company internal immigration lawyer. My previous lawyer for the LPR was charging us too expensive, hence we felt hesitant go back to her again. 

 

Will update in in the next few days. Thanks again people. 

In that case, you need a re-entry permit. You said you were visiting soon, apply asap when you get to Houston, wait for the biometrics notice, and if it’s too far out attempt a walk-in. Once the biometrics are done you can leave again, it can be processed and approved further from that without you in the US and sent to the London consulate or whichever is nearest where you will be residing in the UK. Again, you need the permit, you need to make a plan for the time it takes. It doesn't matter that everyone else in your family is American, if you are found to have abandoned your green card you won’t be able to return with them and your husband will have to start all over again with sponsoring you for a spouse visa.

 

 

[Adamisawesome 2]

1 minute ago, SusieQQQ said:

In that case, you need a re-entry permit. You said you were visiting soon, apply asap when you get to Houston, wait for the biometrics notice, and if it’s too far out attempt a walk-in. Once the biometrics are done you can leave again, it can be processed and approved further from that without you in the US and sent to the London consulate or whichever is nearest where you will be residing in the UK. Again, you need the permit, you need to make a plan for the time it takes. It doesn't matter that everyone else in your family is American, if you are found to have abandoned your green card you won’t be able to return with them and your husband will have to start all over again with sponsoring you for a spouse visa.

 

 

Thanks SusieQQQ. Definitely is going to apply for re-entry permit. Any idea how long to get to receive the biometric notice and biometric appointment to be schedule after the i131 submission? 

 

Thanks for helping me seeing clearer pictures from each steps and next action. It helps me a lot. 

 

Livia 

[SusieQQQ 11,585]

7 minutes ago, Adamisawesome said:

Thanks SusieQQQ. Definitely is going to apply for re-entry permit. Any idea how long to get to receive the biometric notice and biometric appointment to be schedule after the i131 submission? 

 

Thanks for helping me seeing clearer pictures from each steps and next action. It helps me a lot. 

 

Livia 

Depends on the FO/ASC. I’m not sure if you can submit I131 online, but if you can it will all go a bit faster.

i know we got our bio notices fairly quickly for our last filing, less than a week, it was for a couple weeks after that. Some offices will allow you to do a walk-in earlier than your scheduled date but you still need the bio notice to do that. If you take proof of your travel plans it might (might) help persuade the person at the door to let you in.

[Adamisawesome 2]

7 minutes ago, SusieQQQ said:

Depends on the FO/ASC. I’m not sure if you can submit I131 online, but if you can it will all go a bit faster.

i know we got our bio notices fairly quickly for our last filing, less than a week, it was for a couple weeks after that. Some offices will allow you to do a walk-in earlier than your scheduled date but you still need the bio notice to do that. If you take proof of your travel plans it might (might) help persuade the person at the door to let you in.

I can’t submit i131 online, but can submit i131A (carrier document) online and get the travel document within 2 weeks in US consulate. But in my case is not needed since I have the NOA with the extension. 

 

LPRs with Expired Green Cards

LPRs with expired Green Cards may not need to file Form I-131A. We encourage LPRs to check with their airline or vessel before determining whether to file Form I-131A.

Although regulations generally require an LPR to travel with a valid Green Card, CBP policy permits a transportation carrier bound for the United States to board an LPR  without carrier documentation if:

• They have an expired Green Card that was issued with a 10-year expiration date, or
• They have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time, generally one year. 👈🏻 My current situation