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optlh0

Can we live outside the US while waiting for N400 approval?

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My wife just filed for her N400. Our plan was to move to the Philippines around Sept. of 2019 and start school in June of 2020. We had hoped the N400 application would be approved by next Sept. (Based on seeing a lot of them approved in under a year). After she filed she got a notice saying the expected processing time was 22 months (Sept of 2020). Almost a year longer than we expected 

 

The question is now that we've filed and gotten biometrics done is there any reason we have to continue living in the US while we wait? We could easily come back for the interview whenever that time comes. 

 

Looking for knowledgeable information, not opinions please.

 

Thanks in advance for the help

Edited by optlh0

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9 minutes ago, optlh0 said:

The question is now that we've filed and gotten biometrics done is there any reason we have to continue living in the US while we wait? We could easily come back for the interview whenever that time comes. 

See #2 of INA 316(a):

Quote

No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

Just a FYI, if your wife wants to retain her Philippine citizenship after the oath ceremony, she'll need to apply at the Chicago consulate: http://www.chicagopcg.com/dual-faq.html


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16 minutes ago, optlh0 said:

My wife just filed for her N400. Our plan was to move to the Philippines around Sept. of 2019 and start school in June of 2020. We had hoped the N400 application would be approved by next Sept. (Based on seeing a lot of them approved in under a year). After she filed she got a notice saying the expected processing time was 22 months (Sept of 2020). Almost a year longer than we expected 

 

The question is now that we've filed and gotten biometrics done is there any reason we have to continue living in the US while we wait? We could easily come back for the interview whenever that time comes. 

 

Looking for knowledgeable information, not opinions please.

 

Thanks in advance for the help

Even though you'd be able to come back for the interview, her physical presence requirements will be completely off the mark by then and the IO will deny her citizenship. As stated above, physical presence must be maintained UP UNTIL she is granted citizenship. While N400 is pending, she is still a permanent resident and must adhere to the continuous residence rules.

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To summarize the above passage from the INA:
1) You only need to meet the physical presence requirement up until the date of filing.

2) You must maintain continuous residency until approved. Continuous residency is presumed to be broken  with 6 months abroad, and is broken with 1 continuous year abroad.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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5 minutes ago, geowrian said:

To summarize the above passage from the INA:
1) You only need to meet the physical presence requirement up until the date of filing.

2) You must maintain continuous residency until approved. Continuous residency is presumed to be broken  with 6 months abroad, and is broken with 1 continuous year abroad.

Thank you! 

 

Would you happen to know if that's true if she's a student abroad? I'm asking because we know a woman that lives in the Philippines while going to school. She has a 10 year green card that she's allowed to keep because she's a student. My wife is planning on going to school full time after we move back

 

We don't want to do anything stupid that would throw a monkey wrench into the whole works, but the US is an expensive place to live for 22 months when the only thing keeping us here is waiting for paperwork. Especially when we paid a fee of $725 just to get the paperwork processed. Seems like an absolutely ridiculous amount of time for a self funded program :(  (I know I'm preaching to the choir about that, just venting a little)

 

 

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5 minutes ago, optlh0 said:

Would you happen to know if that's true if she's a student abroad? I'm asking because we know a woman that lives in the Philippines while going to school. She has a 10 year green card that she's allowed to keep because she's a student. My wife is planning on going to school full time after we move back

Presumably she has a re-entry permit...? That plus being a student should be fine to keep the green card (but still breaks continuous residency for naturalization purposes).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, optlh0 said:

Thank you! 

 

Would you happen to know if that's true if she's a student abroad? I'm asking because we know a woman that lives in the Philippines while going to school. She has a 10 year green card that she's allowed to keep because she's a student. My wife is planning on going to school full time after we move back

 

We don't want to do anything stupid that would throw a monkey wrench into the whole works, but the US is an expensive place to live for 22 months when the only thing keeping us here is waiting for paperwork. Especially when we paid a fee of $725 just to get the paperwork processed. Seems like an absolutely ridiculous amount of time for a self funded program :(  (I know I'm preaching to the choir about that, just venting a little)

 

 

Slightly different circumstances if this other lady has not filed for citizenship. 

Edited by mushroomspore

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Come join us over in the MSP filers thread.  We can all grow old together while we wait.

 

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Edited by N-o-l-a

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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