Apply for citizenship after living abroad for over 1 year

[scottfede 0]

5 hours ago, iwannaplay54 said:

Break in residency was never a question, looking at 2 1/2 years after re-entry to apply.  Minimum.  We waited three.  Just to avoid the hassle.

Ok, so based on that, because I stayed out of the country for more than a year, I will have to wait 2 and a half years from re-entry to apply for naturalization, regardless of what I do? Is it even worth it for me to apply for an SB-1 or does it make more sense to reapply for a green card whenever we decide to go back to live in the US?

Last question: if we want to go back to visit family for only a couple of months (considering we cannot move back now) should I just apply for an ESTA and enter as a tourist?

[iwannaplay54 985]

2 hours ago, scottfede said:

Ok, so based on that, because I stayed out of the country for more than a year, I will have to wait 2 and a half years from re-entry to apply for naturalization, regardless of what I do? Is it even worth it for me to apply for an SB-1 or does it make more sense to reapply for a green card whenever we decide to go back to live in the US?

Last question: if we want to go back to visit family for only a couple of months (considering we cannot move back now) should I just apply for an ESTA and enter as a tourist?

Doesnt matter what you choose.  Returning resident, new IR1 visa, That 2.5+ years before you can apply for citizenship is the same either way.

 

In our case we didnt worry about it and applied for an SB1 when we wanted to go home.  If denied we were prepped to submit a new I130.

Edited January 30, 2022 by iwannaplay54

[Dashinka 23,251]

9 minutes ago, iwannaplay54 said:

Doesnt matter what you choose.  Returning resident, new IR1 visa, That 2.5+ years before you can apply for citizenship is the same either way.

 

In our case we didnt worry about it and applied for an SB1 when we wanted to go home.  If denied we were prepped to submit a new I130.

I agree with one exception.  If the OP decides they want to stay outside of the US for several more years, I would think the SB-1 requirement of ‘events beyond their control’ might be more difficult to explain.  I have not had experience with the SB1, so I am not sure how lenient a CO might be with this requirement.

[iwannaplay54 985]

1 minute ago, Dashinka said:

I agree with one exception.  If the OP decides they want to stay outside of the US for several more years, I would think the SB-1 requirement of ‘events beyond their control’ might be more difficult to explain.  I have not had experience with the SB1, so I am not sure how lenient a CO might be with this requirement.

Pretty tough sell 

Usually advise to fill them both out.  Most of the documentation is the same anyway

[Mike E 11,723]

11 hours ago, iwannaplay54 said:

 

have one, you do not (very few do) 

What I do have is experience reading posts here and other platforms at least once a month describing failed attempts to obtain an SB-1.   Despite health issues more severe than that of OP

[iwannaplay54 985]

11 minutes ago, Mike E said:

What I do have is experience reading posts here and other platforms at least once a month describing failed attempts to obtain an SB-1.   Despite health issues more severe than that of OP

I rarely advise it however this is the legal and proper path back to the US for such an applicant