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Posted (edited)

I contacted two attorneys regarding my eligibility for naturalization and have received conflicting answers. 

I had a break in my continuous residency (left for 1 y and 4 months the USA )and had a Reentry permit - my return date was end of August 2016. 

Since then I took a 3 month trip in 2017, again 3 months in 2018 and 1.5 months in 2019. Now the question: when am I eligible for naturalization (marriage based) ? 

Edited by Bella8

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Posted (edited)
15 hours ago, Bella8 said:

I contacted two attorneys regarding my eligibility for naturalization and have received conflicting answers. 

I had a break in my continuous residency (left for 1 y and 4 months the USA )and had a Reentry permit - my return date was end of August 2016. 

Since then I took a 3 month trip in 2017, again 3 months in 2018 and 1.5 months in 2019. Now the question: when am I eligible for naturalization (marriage based) ? 

The question is, what month and year you became permanent resident? Continues 18 months (no travel internationally) is required to be eligible for US Citizenship for 3 years and 30 months for 5 years rules.

Since you've been out of the country more than 1 year once and there are some several occasions, then you're not qualified. You have to prove tie relationship to the US being permanent resident.

Edited by Lemon23

VERMONT SERVICE CENTER - I-751 ROC

 

05/11/17: Date of I-751
05/12/17: VSC received our package

05/12/17: NOA Date
05/14/17: NOA Arrived in the mail & check cashed

06/22/17: Biometrics Appointment at ASC Manhattan

04/09/18: Online changed to case transferred to local office but no actual letter

06/13/18: Card Being Produced - NO RFE/NO INTERVIEW

06/16/18: Approval Letter arrived in the mail with 06/13/18 approval date

06/18/18: Card was picked up by USPS

06/20/18: Received 10 years Green Card from the mail

 

E-FILING (IOE) N-400 APPLICATION FOR NATURALIZATION

 

06/21/18: Submitted Online
06/22/18: Received NOA Online

06/23/18: Online account updated to Biometrics scheduled on 07/12/18

06/25/18: NOA letter arrived in the mail

06/28/18: Biometrics appointment letter arrived in the mail

07/12/18: Biometrics appointment at ASC Manhattan

02/28/19: In Line for Interview

03/01/19: Interview Date is on 04/08/19

04/08/19: Interview Day: Approved on the spot

04/09/19: We Scheduled your Oath Ceremony

04/12/19: Oath Letter arrived in the mail

05/02/19: Oath Ceremony

 

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VERMONT SERVICE CENTER - I-751 ROC

 

05/11/17: Date of I-751
05/12/17: VSC received our package

05/12/17: NOA Date
05/14/17: NOA Arrived in the mail & check cashed

06/22/17: Biometrics Appointment at ASC Manhattan

04/09/18: Online changed to case transferred to local office but no actual letter

06/13/18: Card Being Produced - NO RFE/NO INTERVIEW

06/16/18: Approval Letter arrived in the mail with 06/13/18 approval date

06/18/18: Card was picked up by USPS

06/20/18: Received 10 years Green Card from the mail

 

E-FILING (IOE) N-400 APPLICATION FOR NATURALIZATION

 

06/21/18: Submitted Online
06/22/18: Received NOA Online

06/23/18: Online account updated to Biometrics scheduled on 07/12/18

06/25/18: NOA letter arrived in the mail

06/28/18: Biometrics appointment letter arrived in the mail

07/12/18: Biometrics appointment at ASC Manhattan

02/28/19: In Line for Interview

03/01/19: Interview Date is on 04/08/19

04/08/19: Interview Day: Approved on the spot

04/09/19: We Scheduled your Oath Ceremony

04/12/19: Oath Letter arrived in the mail

05/02/19: Oath Ceremony

 

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P Resident since September 2014 

As of today I did spend more than half of the time in the USA since becoming a resident. I don’t know if I have to wait full 3 years since coming back after my long trip or if I theoretically  could file today. Going 3 years back from the date of filing (if I would today) I have no Trips that are 6 + consecutive  months long and I spent more time in the US than outside . 

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2 minutes ago, Radkova said:

I'm not sure how you were able to come back after being gone for 1 year 4 months and why your reentry was even approved. Someone else correct me, but I wouldnt apply for n-400 today. What did the lawyers say?

With a Reentry Permit you can be absent for up to 2 years - if you leave for 12 + months without a Reentry Permit you are in trouble - I had my R permit issued for 2 years. 

 

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After Sept 2019 would be based on marriage and Sept 2021 for 5yrs. (Assuming you don’t break continuous residency again or accrued too much time outside US)


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Personally I would play it safe and wait til Sept. 


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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