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Filed: EB-3 Visa Country: Germany
Timeline
Posted
12 hours ago, John4321 said:

will I be able to immediately obtain citizenship in two and a half years

FYI even if you apply for naturalization 3year - 90days its still going to take a while to process. LA FO processing times are 10.5-15months 

Country: Russia
Timeline
Posted
3 hours ago, Zaidba said:

Technically speaking you would be satisfying both physical and continuous residency requirements, however USCIS regulations state that: " An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.[10]"

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

item C, therefore you may be asked to prove that you have kept your ties to the US during the first 2 and 1/2 years just like the case of a person who was absent for more than 6 months but less than a year. There are several ways to do that and you may check the USCIS as well as this forum to see what evedince may apply to you. Good luck

Thank you!

i don’t no will be this evidence or no, but why I not move it’s because I enter university before green card and wanna finish it for go to America with some educational. This Jan 2020 I apply fo re entry permit because of study and they approve it. How I understand, if i come to US each six month for some period, I don’t need to fill presumptive of the break, or no? 

Posted

As noted, the continuous residence requirement is the biggest hurdle. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

The burden will be on you to show that you met it, although there is no statutory presumption to overcome given that no single trip was 6 months or longer.

The IO will make a determination if you did or did not actually do so.

 

It sounds like you would be abroad for ~10 months of the year over ~2.5 years. Is that right? If so, that would tend to make not confident in their decision.

 

Option 1) Apply at 5  years, make your case, and hope the IO agrees. If so, great. if not, you can try again once you do qualify.

Option 2) Wait until you clearly have 5 years of continuous residency then apply.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Country: Russia
Timeline
Posted

Hello!
In 2017, I received a green card, but I came to America every six months for a few days for this 2/5 years. I am studying at a University in Russia and have no income. I'm going to come permanently this summer 2020. I read the form for naturalization and there is such a question about filing a tax declaration. Should I have filled it out if I don't have an income in the United States and in my country of citizenship, should I fill it out now (it seems that the deadline was extended due to the coronavirus?
Thank you! 

Filed: EB-3 Visa Country: Germany
Timeline
Posted
3 hours ago, geowrian said:

It sounds like you would be abroad for ~10 months of the year over ~2.5 years. Is that right? If so, that would tend to make not confident in their decision.

 

13 minutes ago, John4321 said:

Hello!
In 2017, I received a green card, but I came to America every six months for a few days for this 2/5 years. I am studying at a University in Russia and have no income. I'm going to come permanently this summer 2020. I read the form for naturalization and there is such a question about filing a tax declaration. Should I have filled it out if I don't have an income in the United States and in my country of citizenship, should I fill it out now (it seems that the deadline was extended due to the coronavirus?
Thank you! 

Seems like it was even less than 2 months per year

 

OP save yourself the $640 your naturalization wont be approved if its true you only spent a few days a year here

Posted
47 minutes ago, John4321 said:

Hello!
In 2017, I received a green card, but I came to America every six months for a few days for this 2/5 years. I am studying at a University in Russia and have no income. I'm going to come permanently this summer 2020. I read the form for naturalization and there is such a question about filing a tax declaration. Should I have filled it out if I don't have an income in the United States and in my country of citizenship, should I fill it out now (it seems that the deadline was extended due to the coronavirus?
Thank you! 

Don’t you already have a current thread going?  Please don’t start more than one post.  I’ll ask mods to merge.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

If you have no income there is no need for tax return in the US.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Posted
8 hours ago, John4321 said:

Thank you!

i don’t no will be this evidence or no, but why I not move it’s because I enter university before green card and wanna finish it for go to America with some educational. This Jan 2020 I apply fo re entry permit because of study and they approve it. How I understand, if i come to US each six month for some period, I don’t need to fill presumptive of the break, or no? 

If you have not kept ties with the US like a rented living place, bank account, credit cards, utility bills...etc, then you will not be approved. The second issue is with your re-entry permit, you may benefit from the 4 years +1 day rule.

You will not be naturalized before properly satisfying the requirements. I suggest that you consult an immigration attorney to give the best advice. 

Country: Russia
Timeline
Posted
49 minutes ago, Zaidba said:

If you have not kept ties with the US like a rented living place, bank account, credit cards, utility bills...etc, then you will not be approved. The second issue is with your re-entry permit, you may benefit from the 4 years +1 day rule.

You will not be naturalized before properly satisfying the requirements. I suggest that you consult an immigration attorney to give the best advice. 

I apply for  re-entry permit just in case, in fact I was going to continue to enter for a month every 6 months. It was approved only in this April. But now I want to leave permanently this summer. If I didn't use the "permit", it probably can't affect it? Because out of 5 years, half of them will be physically present in the USA by 2023. 

And if for example I get rejected first time when can I try again and will the first refusal affect the second request?

Posted
6 hours ago, John4321 said:

In 2017, I received a green card, but I came to America every six months for a few days for this 2/5 years.

This looks exactly like you only came back to the US to "touch down". I would not expect an IO to be convinced that continuous residency was not abandoned.

No harm in filing beforehand and making your case, other than the filing fee and time/effort. But I think waiting for 5 year upon your upcoming ("permanent") return is a better option personally.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
22 hours ago, John4321 said:

I apply for  re-entry permit just in case, in fact I was going to continue to enter for a month every 6 months. It was approved only in this April. But now I want to leave permanently this summer. If I didn't use the "permit", it probably can't affect it? Because out of 5 years, half of them will be physically present in the USA by 2023. 

And if for example I get rejected first time when can I try again and will the first refusal affect the second request?

Your best option is to wait 5 years from the date you permanently stayed in the US. You can try applying before that if you do not mind spending the application fee of $720. Refusal of your application will not affect your second application when submitted properly.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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