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Happyfamily03

N400 Confuse about Continous Residency.. Advice please

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Hi Fellow VJ's

 

I recently got my IR1 and i have a situation here. First, please no judging and here's out story:

 

My husband, 2 kids and I were all ready to go back back after giving birth to my 2nd child in Feb 2018, however his current job offered him good. I supposed to have my IR1 interview last Oct 2017 but i postponed it due to being pregnant. I did my interview Sep 2018 and got my IR1 Dec 2018 (I was under AP as i had to get my renewed Police Clearance from Philippines).

 

Here's there situation. We are going back to US in March 2019  and will most likely stay for 2 weeks. I will be in and out US, trip outside US will be less than 6months but staying in US will be less than 1 month. So to sum it up, i will have to do this for  1.5 years. In 1 each will total 10-11 months outside US and 1 month in US (2 trips each year of less than 6months). Yes, I admit this is very carefully calculated. I read as well that officer might count this as breaking continous residency. 

 

We are definitely be stable in US most likely by August 2020. So my question is, the 3 years based on marriage will it start again in Aug 2020 (we will definitely be in US and most likely no outside trips unless emergency). 

 

We dont rush in applying US Citizenship but i just want my husband to understand this as well and here some of fellow vjs advice. Thank you so much.


IR1 / Nebraska Service Center

07/31/2014 : Married 

02/15/2017: Sent I-130 

02/22/2017: NOA1

03/30/2017: NOA2 YAYYYyyyyy  36 days after NOA1.. Blessed  

04/19/2017: Email from NVC

04/19/2017: DS-261 unlocked

04/21/2017: AOS paid

04/25/2017: IV paid

06/14/2017: Sent AOS Package

06/21/2017: Scan date

08/23/2017: Case Complete (9 weeks)

08/24/2017: Received automatic checklist via email from NVC to bring proof of domicile during interview. Still waiting for Interview Appointment.

08/30/2017: Received email from NVC telling that they will be schedule interview.

09/06/2017: Received email from NVC regarding Interview Date

10/25/2017: Interview Date

09/14/2017: Emailed US Embassy to cancel our interview and postpone as wife is pregnant. USEM mentioned to contact them 3 weeks prior to intended date of appointment. 

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47 minutes ago, Happyfamily03 said:

Hi Fellow VJ's

 

I recently got my IR1 and i have a situation here. First, please no judging and here's out story:

 

My husband, 2 kids and I were all ready to go back back after giving birth to my 2nd child in Feb 2018, however his current job offered him good. I supposed to have my IR1 interview last Oct 2017 but i postponed it due to being pregnant. I did my interview Sep 2018 and got my IR1 Dec 2018 (I was under AP as i had to get my renewed Police Clearance from Philippines).

 

Here's there situation. We are going back to US in March 2019  and will most likely stay for 2 weeks. I will be in and out US, trip outside US will be less than 6months but staying in US will be less than 1 month. So to sum it up, i will have to do this for  1.5 years. In 1 each will total 10-11 months outside US and 1 month in US (2 trips each year of less than 6months). Yes, I admit this is very carefully calculated. I read as well that officer might count this as breaking continous residency. 

 

We are definitely be stable in US most likely by August 2020. So my question is, the 3 years based on marriage will it start again in Aug 2020 (we will definitely be in US and most likely no outside trips unless emergency). 

 

We dont rush in applying US Citizenship but i just want my husband to understand this as well and here some of fellow vjs advice. Thank you so much.

it doesn't restart in 2020. Here's the link to better explain.

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization 


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Case-Complete-to-Interview-February-2019/

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Case Complete to Interview Spreadsheet
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Applying for reentry permits on each long visit out of the country would seem to be the best way to hang onto your green card. That's what you have to worry about most, not the citizenship issue. The continuous residence and physical presence requirements are spelled out in detail at the link that dwheels posted.


Marriage: 2014-02-23               ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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5 hours ago, Russ&Caro said:

Applying for reentry permits on each long visit out of the country would seem to be the best way to hang onto your green card. That's what you have to worry about most, not the citizenship issue. The continuous residence and physical presence requirements are spelled out in detail at the link that dwheels posted.

Thanks. I planned to get reentry permit too.

6 hours ago, dwheels76 said:

Thanks. This helps a lot


IR1 / Nebraska Service Center

07/31/2014 : Married 

02/15/2017: Sent I-130 

02/22/2017: NOA1

03/30/2017: NOA2 YAYYYyyyyy  36 days after NOA1.. Blessed  

04/19/2017: Email from NVC

04/19/2017: DS-261 unlocked

04/21/2017: AOS paid

04/25/2017: IV paid

06/14/2017: Sent AOS Package

06/21/2017: Scan date

08/23/2017: Case Complete (9 weeks)

08/24/2017: Received automatic checklist via email from NVC to bring proof of domicile during interview. Still waiting for Interview Appointment.

08/30/2017: Received email from NVC telling that they will be schedule interview.

09/06/2017: Received email from NVC regarding Interview Date

10/25/2017: Interview Date

09/14/2017: Emailed US Embassy to cancel our interview and postpone as wife is pregnant. USEM mentioned to contact them 3 weeks prior to intended date of appointment. 

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54 minutes ago, CarlHamilton said:

A permanent resident is supposed to reside in the US permanently, not one month a year.  The clue is in the name.  Forget citizenship, your plan jeopardizes your permanent resident status.  Apply for a green card when you're ready to move to the US permanently.   

I totally understand this. We planned to moved to US for good before i found out i was pregnant. So we had to delay it intervuew. Plus, we calculated the approval of I130 to NVC to Interview it took 8 months only (lucky we got it fast) but we expected or thought it will take a year at least. We have paid everything already so we dont want to abandon it. 

 

I will get re-entry permit to make sure that all is good. Thanks


IR1 / Nebraska Service Center

07/31/2014 : Married 

02/15/2017: Sent I-130 

02/22/2017: NOA1

03/30/2017: NOA2 YAYYYyyyyy  36 days after NOA1.. Blessed  

04/19/2017: Email from NVC

04/19/2017: DS-261 unlocked

04/21/2017: AOS paid

04/25/2017: IV paid

06/14/2017: Sent AOS Package

06/21/2017: Scan date

08/23/2017: Case Complete (9 weeks)

08/24/2017: Received automatic checklist via email from NVC to bring proof of domicile during interview. Still waiting for Interview Appointment.

08/30/2017: Received email from NVC telling that they will be schedule interview.

09/06/2017: Received email from NVC regarding Interview Date

10/25/2017: Interview Date

09/14/2017: Emailed US Embassy to cancel our interview and postpone as wife is pregnant. USEM mentioned to contact them 3 weeks prior to intended date of appointment. 

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