GB55

This morning I woke up to find an email in my inbox from USCIS. I was sure it was the dreaded REF as I'm still over 3 months away from my normal adjudication period. But to my delighted surprise, it was a case status update.

THEY APPROVED MY PETITION!!!

I have no idea how I got approved so quickly seeing as I'm just following the regular process and I don't fall under any of the expediting requirements. But who cares? All that matters is that the waiting is over for me!

Keep hope people! CSC seems to be moving super fast these days! (43 days since NOA1 for me!)

:dance: :dance: :dance: :dance:

thanks for the help guys although I still need this one clarified >_<.

Part-7 Question A. How many total days did you spend outside of the United States during the Past 5 years?

should I start counting from the beginning of 2007 or EXACTLY 5 years ago which is July 11, 2007?

-going by what GB55 posted (thanks btw!!) I assume you started counting EXACTLY 5 years ago; to which you concluded that I have stayed 27 months outside the United States.

If you were to file today, you would need to count from July 11th 2007. That is what I did and it was not an issue. You also need to make sure you know the exact dates of all your travels outside the US and all the countries you visited during those travels.

Again, your IO will probably ask you why you spent an extended amount of time outside the country so prepare all the documents to prove you were a dependent and were simply attending school during those times. The fact that you didn't work outside the country and that you came back immediately after graduation will most likely help your case.

Good luck!

A green card is for permanent residence in the US. She should not apply for one unless she plans on immigrating in the US on a permanent (full time basis).

As far as I know, there are not specific rules for "full time" residence for green card holders but if she leaves for a trip lasting longer than 1 year, she will need a re-entry permit. Additionally, the onus will be on her to prove she maintains her residency in the USA and to file her US and state taxes every year. If she decides she wants to become a citizen, she may do so after 3 years of receiving her first green card, but cannot have been outside the country for longer than 18 months in the 3 years prior to application of naturalization.

I hope that clears things up.

Thanks much!

Good Luck!

When you say she has to maintain residency requirements, what you mean? can she travel outside USA during that residency requirement period?

As soon as she has her green card or advance parole document, she can travel without problems.

By residency requirements I meant that she will not be allowed to leave for extended trips of over 1 year without requesting a special re-entry permit from USCIS. She also must not have been out of the US for 18 months or more (cumulative, not consecutive) during those 3 years or the "clock" will start over.

3 years after the original green card. She has to maintain residency requirements and file her taxes every year.

You can look at the eligibility worksheet on the N-400 application form online to get informed.

http://www.uscis.gov/files/article/attachments.pdf

Hi! My fiance just sent the petition today and he sent it to california serivice center...how long does it usually take for it to get approved?

The guides and instruction forms from the USCIS specifically state that applications must be sent to Texas... Unless you mean that you're NOA1 stated it was sent to California?

From the USCIS website:

If you live in the United States or abroad and are filing Form I-129F, then file your petition at:

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS

P.O. Box 660151

Dallas, TX 75266

For Express mail and courier deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

The reason why VJ suggests adding another sheet for question 18 is that you must explain the circumstances under which you have met your fiance within the past 2 years.

For instance, I used the space to list every date and location where my fiance and I have met in the past two years before the interview and proceeded to attach the evidence of meeting during those times in the following pages, each page with it's own explanation of where/when we had met and a list of the evidence I included.

His parents may have claimed him, he wouldn't necesarily have had to file himself - my daughter is in a similar position (having been claimed on our taxes that is)

From the IRS website:

Question: How much does an unmarried dependent student have to make before he or she has to file an income tax return?

Answer: If you are an unmarried dependent student, you must file a tax return if your earned and/or unearned income exceeds certain limits.

To find these limits refer to Who Must File, Dependents in Publication 501, Exemptions, Standard Deduction and Filing Information.

Even if you do not have to file, you should file a federal income tax return if you can get money back (for example, had income tax withheld from your pay; you qualify for the earned income credit; you qualify for the additional child tax credit). See Who Should File in Publication 501, Exemptions, Standard Deduction and Filing Information, for more examples.

I was still a dependent when I went to college, did I still have to file taxes then?

I'm registered for selective service

You have to file taxes for every year you earned income (including scholarships) whether you are a dependent or not. US citizens and green card holders must declare worldwide income.

Dates and length of travel

Phil- May 05, 2006 - 327 days in Phil

USA - Mar 28, 2007 - 41 days in USA

Phil- May 10, 2007 - 168 days in Phil

USA - Oct 25, 2007 - 10 days in USA

Phil- Nov 05, 2007 - 135 days in Phil

USA - Mar 20, 2008 - 18 days in USA

Phil- Apr 07, 2008 - 258 days in Phil

USA - Dec 21, 2008 - 15 days in USA

Phil- Jan 05, 2009 - 237 days in Phil

USA - Oct 30, 2009 - 14 days in USA

Phil- Nov 13, 2009 - 179 days in Phil

USA - May 12, 2010 - till present

Hi Jack,

If I were you, I could consult the form N-400, which is the application for naturalization. On this application, on page 5, you will find a Naturalization Eligibility Worksheet which you can go through to determine if you are eligible for naturalization or not. My link

A few questions here:

1. Are your parents LPRs as well? If so, were you listed as a dependent on their taxes for all the years you were attending university overseas?
   
2. How old were you when you attended university?
   
3. Were you still on your parents' insurance while overseas? (Car, Health, Etc)
   
4. Have you ever filled your US taxes as a Non-Resident? (This one is very important because if you have done so, you automatically declared that you were foregoing residency in the USA)
   
5. On your USA taxes, where did you list your permanent residency?
   

I ask these questions because I, like you, went to university in another country while on a greencard. I didn't know the rules either but became a citizen earlier this year. If you were listed as a dependent on your parents' taxes, always filled your taxes as a resident, and always listed your permanent residency as within the USA, you might have a chance. A lot of students go to other countries for University and extended periods of stay outside the country may be forgiven depending on the IO.

So, let's go one by one with the requirements for naturalization on the 5th page of the worksheet:

1. I am at least 18 years old. Since you went to university, I'm going to assume you are over 18.

2. I am a Permanent Resident of the United States, and I have been issued a Permanent Resident Card (formerly called Alien Registration Card). True

3. I have been a Permanent Resident for 5 years or more. True

4. During the last five years, I have not been out of the United States for 30 months or more. I added up all the days you spent outside the US since 2007 and divided it by 30 and you are at 27 months outside the US. You should provide proof of the items I mentioned above, however, to state that you were in school (school transcripts, diploma) and that you maintained permanent residency here during that time. The weight is on you to prove you didn't intend to break the residency requirements. Personally, I was outside the US for a total of 29 months out of the 5 years and was still able to receive my citizenship because I proved those things.

5. During the last five years (or the last three years if I qualify under Attachment A),I have not taken a trip out of the United States that lasted one year or more. You seem to satisfy this requirement

6 . I have resided in the district or state in which I am applying for citizenship for the last three months. True since you've been there for 2 years, unless you recently moved to another state within the past 3 months.

And the rest is very basic. From my point of view, as long as you have sufficient proof of these things, you should be fine and can apply for naturalization.

Good luck!

As a Canadian who had a permanent resident card, I found it very surprising that the Canadian border agencies let you through without a passport. A passport is necessary for all travel outside the US. Your PR card is only used as proof of status upon returning to the US.

In short: keep your Canadian passport.

Are you preparing for an I-129F petition for fiance visa (K-1)? I've never heard of an affidavit of singleness before.

The only time he won't be allowed to travel is right after his Oath Ceremony due to the fact that he will have to give up his green card to receive his naturalization certificate. Until he receives a US Passport, if he leaves the country, he will not be allowed to return.

If need be, the passport can be expedited though. I went to Chicago the day after my Oath Ceremony with my naturalization certificate in hand and was able to receive my passport that same day (at an additional cost for expediting, of course).

So just make sure you apply for his passport right after his ceremony and you should be fine!

Me and my husband just moved to Chicago, North-Western suburbs to be exact. Would love to to meet new people!

I'm in sourtheastern wisconsin right above the IL border and only about an hour drive (1.5 hrs train) to Chicago. We just filed the I-129F this week.

After going over my petition for what seems like 100 times, I'll be mailing it today!

Actually simply coming back for a visit to the US every 6 months does nothing to preserve your GC. All the 6 months thing means is that before 6 months, the INS just has to prove you abandoned your CG, after 6 months, you have to prove you didn't abandon the GC.

People have lost their GC just being out a few months if found they have violated the GC by living and residing outside of the US and just came back for a "short visit".

I think the most important part of this is to prove you did not intend to give up your GC. So things like maintaining permanent residency officially in the US, filing your taxes as permanent resident, and returning to the US immediately after graduation will help. Since this is for education purposes, it should not cause any issues. It would be a different matter entirely if he decided to move to Canada to work full time while not being in school since he would essentially be forfeiting his right to work in the US.

Maybe I was lucky in that they approved my petition for citizenship. But at the same time, I made sure there was no question about having given up my GC during my studies in Canada.

I am wanting to know if my son decides to attend university in canada next year, which he will have a green card in usa, will that do any harm or can it be done? will he have to revoke the USA green card,

any ideas on this or links that explains this,

thank you

My parents moved us from Canada to the US in 2004 and we received our green card in 2006. I decided I would receive a better education in Ottawa, Canada and thus went to University there for 3 years without losing my green card. I made sure I came back to the US every summer to work and to enter the US at least once every 5 1/2 months. I was working in Canada throughout my entire University stay and that didn't cause a problem.

If your son wants to proceed with a US naturalization after graduating, the important thing to remember is that:

A. He needs to enter the US at least once every 6 months or apply for a re-entry visa before he leaves

B. Maintain his permanent residence in the US for all official documents

C. File his US taxes (even if he only worked in Canada) as a US permanent resident (this is very important. If he files as "non-resident" he risks losing his green card)

D. Maintain accurate records of every EXACT DATE of his entry/exits to the US and every country he visits during the 5 years before his naturalization application. (I wish someone had told me this because this information is very difficult to gather after the fact since they do not stamp your passport between Canada and the US)

I hope this helps! Like I said, I spent 3 years in Canada while in University, coming back to the US every summer, and I recently became a US citizen after my graduation.

Good luck!

Thank you all for your quick replies!

I will go on the safe side and send a copy of my naturalization certificate, all pages of my canadian passport and all pages of my american passport.

Good afternoon,

I became a US citizen through naturalization in February 2012. I am now going through the process of filling out all the information necessary for the I-129F to bring my Canadian fiance to the US.

Since I only recently received my US passport, most of the passport stamps proving travel on the dates when we met in Canada are only available on my Canadian passport. Is there an issue with copying all pages of my Canadian passport and including them with the packet as proof of meeting?

Would it be better if I send in all pages of my American passport additionally? I am already sending a copy of my naturalization certificate.

Your help is appreciated.

Thanks!