Reschedule naturalization interview due to pregnancy

[xyz12345 260]

2 hours ago, Davide66 said:

No one gave me wrong advice? Did you read the part where someone was saying that an LPR needs a re-entry permit for a stay abroad of less than a year? Or the user who prescribed me some kind of magical medication which is gonna make me fly with no problem?

All I asked was how to reschedule my naturalization appointment (answer eventually provided by USCIS itself over the phone) and to hear a story from somebody in a similar situation as mine (which I think is relevant or we want to hear about it in any case. Isn't what this forum is all about after all? Otherwise why people would ask me to keep posting to hear how my story ends?)

Usually it's easy to Google some stories but not in your case.

 

10 hours ago, Davide66 said:

Today I called USCIS from overseas, and I was told that there would be no problem rescheduling my naturalization interview provided that I mail them a letter requesting the postponement supported by medical documentation from my doctor.

Tomorrow I will be mailing through DHL everything I need to send to USCIS.

Problem solved.

 

that's good! But did you only ask about the rescheduling part? Did you ask about your concern regarding the continuous residence part? If I were you I would call again and check with another tier 2 IO.

 

Also if I were you, I would beef up proof of continuous residence besides the medical orders. I don't know if it helps but taking online courses from your US university? Or did you request for a leave of absence so that you can still maintain admitted student status? has your husband terminated his employment contract in the US or is just on sabbatical/leave? Does he have plans on working while overseas? Or is your husband planning to go back to the US to work/reside before April?

 

Best wishes and I hope everything works out.

[Davide66 5]

19 minutes ago, Ready to do it said:

If it were me, I'd come back to the US before the 6 month mark, even if it's not in the best interest of my health. 

Risking my health and the baby's health is absolutely insane. There is no residency or citizenship that is worth more than good health. I'm ready to renounce to anything to keep my good health.

The baby can fly 10 days after birth? What if I'm not able to fly? I put the baby on a plane to the US and join him whenever I'll be able to fly?

For now I'm rescheduling the naturalization interview. Then whatever happens at the border or at the interview I'll deal with when it comes the time.

[Davide66 5]

2 minutes ago, xyz12345 said:

Usually it's easy to Google some stories but not in your case.

 

 

that's good! But did you only ask about the rescheduling part? Did you ask about your concern regarding the continuous residence part? If I were you I would call again and check with another tier 2 IO.

 

Also if I were you, I would beef up proof of continuous residence besides the medical orders. I don't know if it helps but taking online courses from your US university? Or did you request for a leave of absence so that you can still maintain admitted student status? has your husband terminated his employment contract in the US or is just on sabbatical/leave? Does he have plans on working while overseas? Or is your husband planning to go back to the US to work/reside before April?

 

Best wishes and I hope everything works out.

I will be taking online courses.

My husband does freelance work. He receives work from the US daily and sends it back. We are planning to go back to the US together with the baby in April. After the baby is born he will register his birth at the local American consular agency so that the baby can have American citizenship and passport.

[Ready to do it 101]

5 minutes ago, Davide66 said:

Risking my health and the baby's health is absolutely insane. There is no residency or citizenship that is worth more than good health. I'm ready to renounce to anything to keep my good health.

The baby can fly 10 days after birth? What if I'm not able to fly? I put the baby on a plane to the US and join him whenever I'll be able to fly?

For now I'm rescheduling the naturalization interview. Then whatever happens at the border or at the interview I'll deal with when it comes the time.

You haven't really stated what the health issue is, nor should you if you do not wish to.  It's tough to asking for advise though.  Personally, I do not know of any health issues that would jeopardize a pregnant woman's health at 5 months. I am not a female though, so.... Hopefully, the border agent will understand this serious health issue.

[Ready to do it 101]

10 minutes ago, Davide66 said:

Risking my health and the baby's health is absolutely insane. There is no residency or citizenship that is worth more than good health. I'm ready to renounce to anything to keep my good health.

The baby can fly 10 days after birth? What if I'm not able to fly? I put the baby on a plane to the US and join him whenever I'll be able to fly?

For now I'm rescheduling the naturalization interview. Then whatever happens at the border or at the interview I'll deal with when it comes the time.

I also think your case would be MUCH stronger if your husband stays in the US during this period.  I.e. It proves you have something to go back to.  The fact that your husband is with you is a negative as well.

 

You are thinking in terms of "Me, My health, what is best for me, my family etc."  That isn't the way to be thinking.  You need to be thinking of... "What do the requirements state, what will the border agent want, what does the US govt want?"  That part about..."Im ready to renounce to anything to keep my good health... hmmm. I probably wouldn't state something like that.  After all, what if the US govt requires you to go fight for our country?  Are you ready to do so?  Have you read the US Citizenship n-400?  That might be a detriment to your health.

Edited August 20, 2019 by Ready to do it

[Davide66 5]

12 minutes ago, Ready to do it said:

I also think your case would be MUCH stronger if your husband stays in the US during this period.  I.e. It proves you have something to go back to.  The fact that your husband is with you is a negative as well.

 

You are thinking in terms of "Me, My health, what is best for me, my family etc."  That isn't the way to be thinking.  You need to be thinking of... "What do the requirements state, what will the border agent want, what does the US govt want?"  That part about..."Im ready to renounce to anything to keep my good health... hmmm. I probably wouldn't state something like that.  After all, what if the US govt requires you to go fight for our country?  Are you ready to do so?  Have you read the US Citizenship n-400?  That might be a detriment to your health.

A country that expects you to jeopardize your health for a stupid reason such as rescheduling an interview, is not a country worth living in. My country of origin is not that bad of a country to force me to desperately seek residency or citizenship in another country. I only came to the US because I genuinely fell in love with an American.

Fighting for the US? I would for a legitimate reason, just like many Americans would. Not every American is willing to get killed in an illegitimate war. My husband is an American citizen, and he would fight for the US only if the US gets invaded by a foreign power, certainly not for wars waged for oil or world supremacy.

[Ready to do it 101]

3 minutes ago, Davide66 said:

A country that expects you to jeopardize your health for a stupid reason such as rescheduling an interview, is not a country worth living in. My country of origin is not that bad of a country to force me to desperately seek residency or citizenship in another country. I only came to the US because I genuinely fell in love with an American.

Fighting for the US? I would for a legitimate reason, just like many Americans would. Not every American is willing to get killed in an illegitimate war. My husband is an American citizen, and he would fight for the US only if the US gets invaded by a foreign power, certainly not for wars waged for oil or world supremacy.

Honestly, you keep failing to read what people are writing. Your small problem is rescheduling an interview, which it sounds like you have done.  Your BIG problem is that you are not turned away in April as you will have been out of the country for more than 6 months.  You can technically be turned away after 1 day.  I think your chances are close to 50/50%.  

 

Fighting for the US isn't a choice.  You can't choose.  I agree with you that I think it's crappy that one must do what one's gov't says to do, regardless of whether or not one believes in it or not... but that is what you are required to do, so I would think twice about signing that n-400, because signing it states you will go to war if asked.  Your opinion on what the war is about is not relevent.  We're veering off topic though.  Like I said, your big issue is "Will you be admittted in April or not."  My bet is 50/50% or a little less than 50/50%.  You don't seem to think it's an issue, though everyone who has responded does.  

[Davide66 5]

2 minutes ago, Ready to do it said:

Honestly, you keep failing to read what people are writing. Your small problem is rescheduling an interview, which it sounds like you have done.  Your BIG problem is that you are not turned away in April as you will have been out of the country for more than 6 months.  You can technically be turned away after 1 day.  I think your chances are close to 50/50%.  

 

Fighting for the US isn't a choice.  You can't choose.  I agree with you that I think it's crappy that one must do what one's gov't says to do, regardless of whether or not one believes in it or not... but that is what you are required to do, so I would think twice about signing that n-400, because signing it states you will go to war if asked.  Your opinion on what the war is about is not relevent.  We're veering off topic though.  Like I said, your big issue is "Will you be admittted in April or not."  My bet is 50/50% or a little less than 50/50%.  You don't seem to think it's an issue, though everyone who has responded does.  

I already replied to you two days ago on this subject.

Here is what I wrote two days ago:

 

"This is what the USCIS website states about stays abroad for less than a year:

 

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

 

I fulfill all the requirements mentioned above (Enrollment at US university, ownership of condo in the US, mailing address in the US, bank accounts in the US, driver's license, filed income taxes as a resident) so I don't see why I should have any problem coming back without a re-entry permit. I read in the USCIS website that re-entry permits are required for people who stay abroad for more than a year, which is not my case."

 

I think I have all my bases covered. I will be coming back in April with my American husband and my American son. If the US turns me away and wants to keep an American family separated, keeping a newborn baby away from her lactating mother, my husband and I agree that it's not worth living in a country which does such an abominable thing and go to another country.

[Ready to do it 101]

17 minutes ago, Davide66 said:

I already replied to you two days ago on this subject.

Here is what I wrote two days ago:

 

"This is what the USCIS website states about stays abroad for less than a year:

 

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

 

I fulfill all the requirements mentioned above (Enrollment at US university, ownership of condo in the US, mailing address in the US, bank accounts in the US, driver's license, filed income taxes as a resident) so I don't see why I should have any problem coming back without a re-entry permit. I read in the USCIS website that re-entry permits are required for people who stay abroad for more than a year, which is not my case."

 

I think I have all my bases covered. I will be coming back in April with my American husband and my American son. If the US turns me away and wants to keep an American family separated, keeping a newborn baby away from her lactating mother, my husband and I agree that it's not worth living in a country which does such an abominable thing and go to another country.

You're completely missing the point. It's not about, "Have you checked all the boxes or have you fulfilled all the requirements.  Those aren't requirements.  Those are simply suggestions to help prove that your intention wasn't to go "live" in a foreign country for a period of time.  If they think in their mind that your intention was to live in a foreign country for a while they you will have been considered to vacate your permanent residency.  Some things that I would deem more reasonable... 1) Are you currently in your home country or a different country?  If different country, that would be a positive.  If original country, that would be a negative.  Do you have family in the country you are in (I.e. Parents, etc)  If so, that would be a negative in my opinion. Are you staying in a hotel vs an apartment or with family?  Hotel would be a positive.  Apartment or with family would be a negative.  I've already mentioned the fact that your husband is with you is a negative. Can he not return to the US?  It would help prove that you have no intention of this being considered a move. I.e. The 6 months or less or 1 day or 1 year etc is meant to be "vacation."  The fact that you will be there for 8, 9, 10 months etc and husband is with you?  It almost sounds like y'all just wanted to live in xyz country for a while.  If you are in your birth country and/or you have family there (parents etc), one would conclude you really just wanted to give birth in that country so your family could be there, etc... which means, this is not a vacation.  The idea of online classes means you are a US University student... I don't think that really carries any weight on have you abandoned your residency or not. I mean any non-resident can take online classes.  I'm just poking holes in your "Is this a vacation or is it not."  That's really is all it is about.  If the answer is yes, it was clearly just a vacation, you will have no problem. If the answer is, you really wanted to be there to give birth around your family etc and live there for a while, you could have a problem.  Going to the extent of getting doctor notes etc makes you look more guilty unless it is clearly a serious medical condition that could cause serious lifethreating medical issues.  If those medical issues aren't life-threatening, personally I wouldn't get a doctor's letter as it just makes it seem like you are trying to go overboard to convince someone. 

 

If the US turns me away and wants to keep an American family separated... It's not a mattter of "wants," and why would that separate you?  If it were me, I'd simply move back to my home country with my spouse, end of story.  Honestly, I don't see why you are trying to convince yourself.  Either come back before the 6 month mark or stay there through April with the understanding that there is a good chance you will have lost your permanent residency.  It's really not that difficult to understand the possibililties. 

 

Good luck!

Edited August 20, 2019 by Ready to do it

[Davide66 5]

1 hour ago, Ready to do it said:

You're completely missing the point. It's not about, "Have you checked all the boxes or have you fulfilled all the requirements.  Those aren't requirements.  Those are simply suggestions to help prove that your intention wasn't to go "live" in a foreign country for a period of time.  If they think in their mind that your intention was to live in a foreign country for a while they you will have been considered to vacate your permanent residency.  Some things that I would deem more reasonable... 1) Are you currently in your home country or a different country?  If different country, that would be a positive.  If original country, that would be a negative.  Do you have family in the country you are in (I.e. Parents, etc)  If so, that would be a negative in my opinion. Are you staying in a hotel vs an apartment or with family?  Hotel would be a positive.  Apartment or with family would be a negative.  I've already mentioned the fact that your husband is with you is a negative. Can he not return to the US?  It would help prove that you have no intention of this being considered a move. I.e. The 6 months or less or 1 day or 1 year etc is meant to be "vacation."  The fact that you will be there for 8, 9, 10 months etc and husband is with you?  It almost sounds like y'all just wanted to live in xyz country for a while.  If you are in your birth country and/or you have family there (parents etc), one would conclude you really just wanted to give birth in that country so your family could be there, etc... which means, this is not a vacation.  The idea of online classes means you are a US University student... I don't think that really carries any weight on have you abandoned your residency or not. I mean any non-resident can take online classes.  I'm just poking holes in your "Is this a vacation or is it not."  That's really is all it is about.  If the answer is yes, it was clearly just a vacation, you will have no problem. If the answer is, you really wanted to be there to give birth around your family etc and live there for a while, you could have a problem.  Going to the extent of getting doctor notes etc makes you look more guilty unless it is clearly a serious medical condition that could cause serious lifethreating medical issues.  If those medical issues aren't life-threatening, personally I wouldn't get a doctor's letter as it just makes it seem like you are trying to go overboard to convince someone. 

 

If the US turns me away and wants to keep an American family separated... It's not a mattter of "wants," and why would that separate you?  If it were me, I'd simply move back to my home country with my spouse, end of story.  Honestly, I don't see why you are trying to convince yourself.  Either come back before the 6 month mark or stay there through April with the understanding that there is a good chance you will have lost your permanent residency.  It's really not that difficult to understand the possibililties. 

 

Good luck!

I might be missing your point, but you are definitely missing my point.

My priority at this point in time is the baby. I need to protect my baby's health and my own health. Everything else comes after, including US citizenship and residency. I will deal with those when the time comes in all their details and facets.

Will I be denied residency or citizenship or both? We already have other solutions in place. There isn't just the United States on this planet.

Honestly I didn't understand at all what you were trying to say in your last paragraph.

[US-UK 32]

I don’t know if recall if oreads mentioned,, bit be careful not to use any healthcare entitlement meant for legal residents while in your home country (or wherever you are). That would be a very bad fact for your wish to maintain permanent US residency. And could be costly to reimburse out of pocket if they local system realizes you were ineligible and wants its money back.

[Davide66 5]

15 minutes ago, US-UK said:

I don’t know if recall if oreads mentioned,, bit be careful not to use any healthcare entitlement meant for legal residents while in your home country (or wherever you are). That would be a very bad fact for your wish to maintain permanent US residency. And could be costly to reimburse out of pocket if they local system realizes you were ineligible and wants its money back.

Actually I'm not using any American benefits to pay for my pregnancy, but my husband is paying out of pocket.

[Mollie09 1,543]

10 minutes ago, Davide66 said:

Actually I'm not using any American benefits to pay for my pregnancy, but my husband is paying out of pocket.

If you are claiming to be a resident to receive healthcare where you currently are, you are forfeiting US residence - you can't be a resident of two countries at the same time as far as USCIS is concerned.

[US-UK 32]

I was’t clear: you cannot use any benefits meant for people who are residents of wherever you are currently staying (even if it is your home country). As a US LPR, you need travel insurance (which doesn’t typically cover routine care) or to pay OOP when outside of the US, unless your husband has private insurance through his employer that covers you in country you are visiting.

[Davide66 5]

23 minutes ago, US-UK said:

I was’t clear: you cannot use any benefits meant for people who are residents of wherever you are currently staying (even if it is your home country). As a US LPR, you need travel insurance (which doesn’t typically cover routine care) or to pay OOP when outside of the US, unless your husband has private insurance through his employer that covers you in country you are visiting.

As I said before my husband is paying out of pocket with his money, not using any benefit.