Moving Abroad with a Pending N-400?

[FGr 12]

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?

[Boiler 43,430]

How are you going to meet the residency qualification?

 

Is this a temporary move?

[dilip 187]

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 

[FGr 12]

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 July 6, 2019 by FGr

[Going through 5,668]

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.

 

 

[FGr 12]

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 July 6, 2019 by FGr

[Going through 5,668]

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 July 6, 2019 by Going through

[dilip 187]

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

[FGr 12]

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.

[Going through 5,668]

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 July 6, 2019 by Going through

[dilip 187]

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.

[dilip 187]

3 hours 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.

 

[Dashinka 23,238]

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!

[FGr 12]

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.