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FGr

Moving Abroad with a Pending N-400?

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Hi everyone,

 

Here is my situation:

I have been a LPR since December 2015 (marriage-based), sent my I-751 application in September 2017 and received my 10-year green card in May 2019. I decided not to fill for N-400 while my ROC was pending because I wasn’t in a rush and was nervous it would slow down the I-751 process. We also had no plans to move abroad for another few years.

I am now ready to send my naturalization application and we might be moving to another country in the next few months (probably before my N-400 is approved based on current processing times).

My husband is currently interviewing for an amazing job opportunity, and we are considering moving out of the US.

 

Will our move affect my application? If yes, what do I need to do in order to keep my legal status in the US?


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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How are you going to meet the residency qualification?

 

Is this a temporary move?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Also, if the job is permanent for your husband ( assuming your husband is the US citizen) and you go with him.  You  intent to live outside the US and if you could not meet the residency requirement, you will not get your citizenship.  So calculate carefully and also if you could stay here in US and travel for a 6-8 months and join permanently, you will get your citizen 

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Posted (edited)

I have been living in the US for 7 years, so I’ll meet the residency requirement at the time I send my N-400 application. Does that count?

We would probably move for a few years.

Edited by FGr

AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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3 minutes ago, FGr said:

I have been living in the US for 7 years, so I’ll meet the residency requirement at the time I send my N-400 application. Does that count?

We would probably move for a few years.

Easiest solution to avoid even the slightest possibility of denial would be for your husband to move, and you visit him while your N400 application is pending.

After approval and with a US passport in your hands, then move to permanently/temporarily live with him abroad.

 

 


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Posted (edited)
13 hours ago, dilip said:

Also, if the job is permanent for your husband ( assuming your husband is the US citizen) and you go with him.  You  intent to live outside the US and if you could not meet the residency requirement, you will not get your citizenship.  So calculate carefully and also if you could stay here in US and travel for a 6-8 months and join permanently, you will get your citizen 

Ok, thanks!

It would be hard for me to travel back and forth for that long because we have two babies.

If I cannot get the citizenship, would I be able to keep my permanent resident status by signing a form or coming back to the US every 6 months?

My priority is not to have to go through the process all over again.

Edited by FGr

AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Posted (edited)
7 minutes ago, FGr said:

Ok, thanks!

It would be hard for me to travel back and forth for that long considering we have two babies.

If I cannot get the citizenship, would I be able to keep my permanent resident status by signing a form or coming back to the US every 6 months?

My priority is not to have to go through the process all over again.

Permanent residence means that you reside in the US...not "visit" every 6 months on a green card.  

You may be able to get away with it for a short while before you find yourself infront of an immigration judge and your LPR status revoked, as has happened to others with the same approach as you're thinking.

 

One option would be applying for a reentry permit (i-131)...which would allow you to live outside of the US (and not affect your LPR status) for a temporary period of normally 2 years, if approved.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1 hour ago, FGr said:

I have been living in the US for 7 years, so I’ll meet the residency requirement at the time I send my N-400 application. Does that count?

We would probably move for a few years.

Naturalization Eligibility Requirements

Before an individual applies for naturalization, he or she must meet a few requirements. Depending on the individual’s situation, there are different requirements that may apply. General requirements for naturalization are below.

  • Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.

  • Be a permanent resident (have a “Green Card”) for at least 5 years.

  • Show that you have lived for at least 3 months in the state or USCIS district where you apply. 

  • Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400. 

  • Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. 

  • Be able to read, write, and speak basic English. 

  • Have a basic understanding of U.S. history and government (civics). 

  • Be a person of good moral character. 

  • Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

https://www.uscis.gov/citizenship/educators/naturalization-information

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4 minutes ago, dilip said:

Naturalization Eligibility Requirements

Before an individual applies for naturalization, he or she must meet a few requirements. Depending on the individual’s situation, there are different requirements that may apply. General requirements for naturalization are below.

  • Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.

  • Be a permanent resident (have a “Green Card”) for at least 5 years.

  • Show that you have lived for at least 3 months in the state or USCIS district where you apply. 

  • Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400. 

  • Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400. 

  • Be able to read, write, and speak basic English. 

  • Have a basic understanding of U.S. history and government (civics). 

  • Be a person of good moral character. 

  • Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

https://www.uscis.gov/citizenship/educators/naturalization-information

I meet all of the requirements besides not being a LPR for 5 years, only 3, which makes me eligible as I got my green card through marriage.

 

I read that there are ways to expedite the N-400 process. I wonder if my husband moving abroad would make me eligible for it. As I said, we have two babies, so we either all move or we don’t. Traveling back and forth for a few months isn’t an option.


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Posted (edited)
31 minutes ago, FGr said:

I read that there are ways to expedite the N-400 process. I wonder if my husband moving abroad would make me eligible for it. As I said, we have two babies, so we either all move or we don’t. Traveling back and forth for a few months isn’t an option.

Normally reserved for those with USC spouses being deployed or on government orders to serve overseas.

Another member requested an expedite due to a proven government/city job offer where being a US citizen was one of the requirements (and submitted proof of financial hardship on his USC family with his expedite request).  That thread was not updated as to what the outcome was in the end, unfortunately.

 

Your husband moving abroad is more of a choice, not something completely out of your control.  Don't see an expedite being granted, but of course you can always try if you really wish to.  There is a small number of types of jobs that qualify for you getting your N400 expedited:

 

  • Member of the U.S. Armed Forces;
  • In contract with the U.S. government;
  • Employed by an American research institution, which is recognized by the U.S. Attorney General;
  • Employed by an American-owned firm engaged in foreign trade;
  • Employed by a public international organization; or
  • A priest or other ministerial position for a denomination with presence in the U.S.

As I mentioned earlier, suggest looking into the reentry permit at least which would allow you to remain outside of the US for up to 2 years while you figure out what to do with your greencard/citizenship.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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1 hour ago, FGr said:

I meet all of the requirements besides not being a LPR for 5 years, only 3, which makes me eligible as I got my green card through marriage.

 

I read that there are ways to expedite the N-400 process. I wonder if my husband moving abroad would make me eligible for it. As I said, we have two babies, so we either all move or we don’t. Traveling back and forth for a few months isn’t an option.

https://lawandborder.com/expeditious-naturalization/, check this.

 

Also for 3 year marriage based, residency requirement is different than 5 years. Check the website.

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On ‎7‎/‎6‎/‎2019 at 9:28 AM, FGr said:

I meet all of the requirements besides not being a LPR for 5 years, only 3, which makes me eligible as I got my green card through marriage.

 

I read that there are ways to expedite the N-400 process. I wonder if my husband moving abroad would make me eligible for it. As I said, we have two babies, so we either all move or we don’t. Traveling back and forth for a few months isn’t an option.

To me the best option is to file the N400 ASAP, go through that process and hold off on moving until after the oath.  If your husband gets the job, great, he can go, or possibly work remotely until you get your USC.  Trying to maintain US LPR status while a spouse is an expatriate is very difficult.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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39 minutes ago, Bill & Katya said:

To me the best option is to file the N400 ASAP, go through that process and hold off on moving until after the oath.  If your husband gets the job, great, he can go, or possibly work remotely until you get your USC.  Trying to maintain US LPR status while a spouse is an expatriate is very difficult.

 

Good Luck!

Yes, it’s my plan! I filed for citizenship on Saturday. Estimated case completion time is June 2020.

My husband is still in the early stages of interviewing for the job, but I am confident he’ll get it because he is brilliant and has previously worked for the company. Anyway, it’ll probably take a few months between now and the potential job offer, so he might travel back and forth every week (it’s not too far from the US) until I get my citizenship and can move with our kids. It’ll probably be tough but it’s his dream job and an amazing career opportunity, so I support him.


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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