watdog

Everything else regarding the application we meet.  It's just the continuous residency I'm concerned about.

1 hour ago, watdog said:

As for the evidence.  How do we go about proving these?

The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
The applicant’s immediate family remained in the United States.

The applicant retained full access to his or her United States abode.

 

She left her self employment contract 2 months prior to leaving.  She did not obtain employment while abroad.

Applicant's immediate family is still in the Philippines, none of her family is in the US.

Retained full access to our place and rented out to family.  Changed drivers license and address and moved into my sisters during that time.  No rent or bills changed.

Taxes still paid to USA.  Tax documents are both joint, medical maintained in the US as well. 

 

I'm unsure how to prove she didn't work abroad, and immediate family.  Old drivers license shows our address change and when we changed it.  So I could use that for the last but unsure about the others.

 

From previous post of how I go about proving it...

13 minutes ago, JeanneAdil said:

yes,  it does

read all the requirements 

You mentioned no 2 year and 1 day rule.  It's in eligibility after break in residency.

Your original post.

7 hours ago, JeanneAdil said:

no 2 year 1 day rule 

There is a 2 year and 1 day rule.  So can my wife apply and are we eligible? and how would I prove that.  That's all I'm looking for.

5 hours ago, JeanneAdil said:

read the requirements for a spouse of USC

you say K1 visa so one is a USC

and later say can we apply?

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

no 2 year 1 day rule

all the requirements are listed on this site

At the bottom of that link click the A Guide to Naturalization for Spouses.  It talks about the breaking of continuous residence. 

Thanks Arken.  That's what I was looking at.  They might consider the two trips 1 long trip which is still less than a year.  We had a re-entry permit as we knew it might take that long for work.  I was unemployed prior and decided to take the position not knowing it would be an issue towards residency, or it would take that long.  We moved our stuff into my sisters house, about 1 mile away and rented our current place to family.  We have since been back and living in our place for a little over 2 years and 1 day.

5 hours ago, Russ&Caro said:

Never heard of a 2 year and 1 day rule here on Visa Journey. Probably not a real thing.

 

You can apply for naturalization based on your marriage to a USC, 2 years and 9 months from receiving your green card.

 

You can apply for naturalization without relying on a USC spouse, 4 years and 9 months from receiving your green card.

 

Your wedding date is immaterial. The date you received your green card determines when you can apply.

 

You have to have had physical presence in the US for 18 months of the previous 36 months from the date you apply. See USCIS site for more info. It's very detailed and clear. Good luck.

It's because we left the US.  It breaks the continuous residence.  Even though we still had a place in the US.  All the time prior to leaving doesn't count towards continuous residence in the US.

As for the evidence.  How do we go about proving these?

The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
The applicant’s immediate family remained in the United States.

The applicant retained full access to his or her United States abode.

She left her self employment contract 2 months prior to leaving.  She did not obtain employment while abroad.

Applicant's immediate family is still in the Philippines, none of her family is in the US.

Retained full access to our place and rented out to family.  Changed drivers license and address and moved into my sisters during that time.  No rent or bills changed.

Taxes still paid to USA.  Tax documents are both joint, medical maintained in the US as well.

I'm unsure how to prove she didn't work abroad, and immediate family.  Old drivers license shows our address change and when we changed it.  So I could use that for the last but unsure about the others.

Going to start applying for the naturalization however, I seem to remember a 2 year and 1 day rule.  Wife and I are married and total time together is 5 1/2 years.

Specific situation:

Entered US in February 2014, fiance visa
Married March 2014

Husband lost job November 2015
Husband took traveling job and left US July 30th, 2016,  US company working overseas.  Wife got re-entry to preserve green card.  Wife was self employed prior and self employed upon returning to US.  Healthcare maintained in US.  Wife did not work while overseas.
Returned home December 26th 2016.  Total length of time outside US=148 days
Left January 14th, 2017 to July 1st, 2017.  Total length of time outside US=166 days

Can we apply for citizenship?  I seem to remember a 2 year and 1 day rule after we return which would make July 2nd, 2019 the date we can apply. 

Confused as everything I'm reading is saying 5 years but then 3 for married to US citizen spouse.

Thanks for your help Candybabe!  It's a bummer to do the right thing and not be on unemployment but then it messes with the wife's status.  Hope it all works out but if not they I suppose we just wait the 2 years and 1 day to refile.  We probably won't file the 2555 but rather just write off the per diem losses and airfare.

I understand what you are saying but below are my options since we are already out here.  We already have re-entry permit until the contract ends out here.  We still file a tax return and transcript every year. 

Option 1

She starts flying home at $1500 per ticket, since she can't drive it's kind of a lock down situation in vegas. 

Cons: Extreme airfare cost, she can't drive so eating and getting food becomes an issue, probably won't change our situation since we are already over the dates recommended.

Pros: May work for naturalization, doubtful from sounds of it. With 150 days last year and then 90 this year already.

Option 2

Quit current job

Cons: Loss of income about 100K per year.  Can't claim unemployment.  Pretty much puts us living off savings.

Pros: May work if we did it today and flew home.

Option 3

Stay out here till position ends, claim unemployment on return, claim 2555 and get return of all federal (Note: this is an exemption).  Use green card which we had mailed out here and re-entry permit (travel document) for return to states.  Time re-start, can apply at 2 years 1 day from landing date upon return.

Cons: May not like the 2555 document on taxes.  Would have to wait another 2 years which we may already anyway.

Pros: Still have a job.

We are pretty much at a loss as it seems it's better if I continued to collect unemployment.  But if the dates are already past and they won't approve then wouldn't it be better to continue making money.  It also would be fishy to me if one person stayed just for residency considering the residency is based on marriage, other is on the other side of the world.

As for the 2555 messing with GC or permanent residence that is the purpose of the re-entry permit, to maintain GC status while out of the country.  Problem is it doesn't address continuous residency.  I'm just confused on what we should do???  Wish I would have known this before accepting this position.

Thanks for your reply. 

Unfortunately, I think we are over the 80 days in already this year. 

Flights are roughly $1500 round trip so that would cost us a ton of money to do.  Other option is just stay out since we have the re-entry permit and just claim form 2555 and get the $15,000 back from taxes.  Meaning out of the US 330 out of 365 for the tax exemption.  This would mean that when we land it would start the 2 years and 1 day and then we could apply.  Do you happen to know if that is correct?

Regarding talking with my company, they are extremely short handed and don't have experience personnel out here.  It would require me being on unemployment until something opened up stateside.  I would get denied unemployment as I would have to terminate my work out here.  Kind of in a stuck situation but didn't know about the continuous residence aspect till last week.

Confused on this time out of country requirement and how they will process this.  I took a travel job with my current company as I was unemployed.  Below is a summary.

May 5th - moved back to Las Vegas and living with my sister

May 6th -flew to Utah and worked in Utah

June 4th -wife stopped her self employment and we went to Oregon (with the possibility of traveling to Israel to run a project for a customer)

June 5th -Applied for re-entry permit in case we get sent to Israel.

July 29th-Left Oregon to work in Israel.  Spent 150 days in Israel.

Dec 26th-Returned to Las Vegas, company requested me again to work out in Israel.  Rather than collect unemployment decided to return on January 14th.

Jan 15th-Returned to Israel, currently in Israel.  Approximately 90 days at the moment.

My question is how long is the max I can stay before this messes with my wife's naturalization?  My customer really needs me out here but I don't want to mess up immigration stuff as it's a pain to deal with.  Below is some more information:

1. Continue to maintain my wife's business licenses in two states for our return.

2. Continued to have cars/insurance in her name while being out of country.

3. Maintained California health care insurance while out of country.

4. Continued to put money into her US Roth retirement through her bank account.

5. Continued to pay US taxes and filing married and joint.

6. Continued to use her US bank account.

Basically we maintain everything in the states and only I work out here.  Thoughts on what to do? 

On 2/25/2017 at 1:55 AM, Eks1022 said:

What is last date of may approved on this forum , so that we can figured out where they reached ....

We were May 2nd and just recently got approved.  There was a few after May 15th that got approved like 2 months before us.

On 2/20/2017 at 4:01 AM, eosorio07 said:

Can I ask you on your new GC what's the date on the part that says "resident since"?

 

 

Says the date her first GC was issued.  AOS Interview on my timeline.

Received the new green card on 17/2/17.  Card mailed 14/2/17.

14 hours ago, Mumin said:

Yes, filed at VSC. 

I guess one of the questions I forgot to ask (and pardon my ignorance) is what happens with baby. Is it going to be "classified" as a US citizen just because it was born here, or will I have to petition baby for greencard too - and if so, when? The reason we were considering marriage before the child is born was to try and make sure baby will have an easier time getting healthcare and other related resources available then I did. 

 

Yes, it will be US citizen.  You will not need to petition for the baby.  The father can add the baby to his healthcare plan once the baby is born, there is a certain amount of time after birth so make sure he looks into it and when he needs to add the baby.

23 minutes ago, JULIANAv said:

That's GREAT NEWS!

Was your application in Vermont's office? I filled mine in June, so I'm hoping that I may get mine soon too. Yay!

No, I was CSC but for some reason ours took a lot longer than normal.  Maybe something wasn't lined up with paperwork not sure.  Just been a pain as we are out of the country trying to complete this paperwork.

Hi Mumin,

Do you happen to know if you are at CSC or VSC?  I'm guessing VSC so I would just let it take it's time and focus on the baby stuff.  I wouldn't get married until after they finish the removal of conditions, you can always make an infopass appointment if you want for more details.  Congrats to the new addition coming and a new marriage. 

8 hours ago, gopuandharry said:

I am May 2nd 2016. Seems like they produced a card for us today. yay!

May 2nd here as well.  Just got the same message they are producing a card.  Happier than a camel on wednesday!  Woot woot!

 

On 2/6/2017 at 8:18 PM, twin810s said:

Looks like they skipped a few since they are claiming they are processing May 14, 2016. Our NOAA is May 2, 2016 

What a joke....Guess we will open another query. We already contacted our congressman, haven't heard anything as of today.

Yeah, our date is May 2, 2016 and we still haven't heard anything.  We even scheduled an appointment for January 4th 2017 and no updates.  Just got the I-551 stamp instead.  Got the standard generic response on the email inquiry as well.  Let me know if you get an update from congressman, hope we get some updates soon.

Maybe there are "Bad eggs to be found in all baskets." The basis for the EO is the terrorist organizations, feel free to read the EO.  Anyway, this isn't a political forum, it's a forum for ROC on I-751 for May 2016 filers.  If your concerned or may be affected you can read up on the executive order for more details.

3 hours ago, nightingalejules said:

 

Ok, let me make it clearer.

The 90 day/120 ban is for people from those 7 countries.  Green card/visa etc.  If you're from those 7 countries it will be difficult for that time.  Probably after the process will be more in depth also.

It's only for 7 countries, citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. True. (Of course, the worry many of us feel is that when this EO is ruled to be unconstitutional, DT will "double down" and apply it to everyone, from all countries, rather than admit he made a mistake.)  This is your opinion and inaccurate, did you even read the executive order?  It's countries with strong terrorist organizations, so yes, if you live in a country with strong terrorist organizations in the future you may have a problem.

Pretty much everywhere that cheered as the trade towers collapsed. I have to say... this is the most disconcerting part of your post. I see from your sidebar that you or your wife are an immigrant from Israel, a country created to protect and provide a homeland for another religion/culture who had been persecuted and scapegoated by a demagogue in power. And, as I'm sure you know, none of the terrorist killings (including the towers) on American soil were committed by people who were from any of the named countries. Incorrect, we are not immigrants from Israel. Correct the ban is still for almost every country that cheered when the towers fell.  Regardless of where the actual terrorist originated from, which those terrorist were not from those 7 countries.

All 3 visa's in my wife's passport and no issues. True, I assume. (At least for now.) Not really the point, since the visas that are being invalidated are not entry visas to other countries, but rather blanket denials based on country of origin. It is a valid point as we only have visa stamp since we are out of the country during the removal of conditions.  USCIS stamped her passport until her removal of conditions is approved or we need to fly back for an interview.  Her green card has expired and we just use the stamp, travel document, and 1 year extension letter on entry.  Same as anyone can use during this step of the process (excluding the 7 countries listed), which is why it is posted in the Removal of Conditions for May 2016.

3 hours ago, nightingalejules said:

 

Ok, let me make it clearer.

The 90 day/120 ban is for green card holders from those 7 countries.

It's only for 7 countries, citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. True. (Of course, the worry many of us feel is that when this EO is ruled to be unconstitutional, DT will "double down" and apply it to everyone, from all countries, rather than admit he made a mistake.)  This is your opinion and inaccurate.  It's countries with strong terrorist organizations, so yes, if you live in a country with strong terrorist organizations in the future you may have a problem.

Pretty much everywhere that cheered as the trade towers collapsed. I have to say... this is the most disconcerting part of your post. I see from your sidebar that you or your wife are an immigrant from Israel, a country created to protect and provide a homeland for another religion/culture who had been persecuted and scapegoated by a demagogue in power. And, as I'm sure you know, none of the terrorist killings (including the towers) on American soil were committed by people who were from any of the named countries. Incorrect, we are not immigrants from Israel. Correct the ban is still for almost every country that cheered when the towers fell.  Regardless of where the actual terrorist originated from, which those terrorist were not from those 7 countries.

All 3 visa's in my wife's passport and no issues. True, I assume. (At least for now.) Not really the point, since the visas that are being invalidated are not entry visas to other countries, but rather blanket denials based on country of origin. It is a valid point as we only have visa stamp since we are out of the country during the removal of conditions.  USCIS stamped her passport until her removal of conditions is approved or we need to fly back for an interview.  Her green card has expired and we just use the stamp, travel document, and 1 year extension letter on entry.  Same as anyone can use during this step of the process (excluding the 7 countries listed), which is why it is posted in the Removal of Conditions for May 2016.

On 1/27/2017 at 1:31 PM, ArthurandMarcela said:

Good morning everyone, I just read an article concerning green card holders and traveling outside the USA.  It is frightening and if you come from countries in the middle east, please be aware.

http://www.huffingtonpost.com/entry/trump-order-immigrants-travel_us_588a7bd4e4b0cef5cf870a7d?6pohjkgsd30jp2e29

 

I am still waiting from Vermont to produce a green card

This is not for green card holders traveling outside the USA.  It's only for 7 countries, citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.  Pretty much everywhere that cheered as the trade towers collapsed.  Me and my wife are currently back in Israel for work and not worried about this at all.  Israel is in the middle east, Egypt, and Jordan.  All 3 visa's in my wife's passport and no issues.

On 1/20/2017 at 8:33 PM, manuh said:

Just got a call from USCIS Field Office in Denver letting me know that my notification of interview was returned undeliverable (they sent it to my wrong address even though i submitted a change of address online).

 

When I check my Case Status, the same old standard message shows ("On May 26, 2016, we received your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number..."), so I wouldn't know about it if the agent hadn't called.

 

A little worried about the interview since I've already submitted every piece of evidence I had, but my first interview was really easy and simple, so hoping for the best!

Thanks for posting this!  I keep seeing the same thing and since I've moved and am working overseas I'm having someone go check the mail more frequently.  I'm sure everything will be alright they probably just want updates from you.

3 hours ago, Nanz13 said:

Today I received an email from USCIS:

 

On 01/04/2016, you or your representative contacted USCIS concerning your I-751 Form.  You wanted to obtain your current case status and remind us that the last thing you did was attend your biometric appointment. Below is a summary of what we found and how the issue has been or may be resolved. 

Your biometrics successfully attached to your application on 06/01/2016. The processing of your I-751 is within our current processing time. We are adjudicating I-751 files that were filed more than six months ago.  We notice that you filed your I-751 petition slightly more than six months ago, so yours falls into that category.  Therefore, we are working on it in the order in which it was received.  

In the meantime, please continue to use the I-751 Receipt Notice, which extends the validity of your green card for an extra year, allowing you to work and travel abroad, while we process your I-751.

We hope this information is helpful and appreciate your continued patience.

Yup, ours pretty much said the exact same thing.  Different date's but same email.

1 hour ago, Alexs said:

I have field a joint i751with my wife on may 5th but never heard anything back from uscis . man just and tired of waiting.do think you think i should file a service request ?

Am i the only one is waiting ?

Guys any suggestion plz

No, we submitted May 2nd.  Haven't heard a thing, due to my work taking me overseas we just happen to be home and scheduled an appointment due to the travel document not matching the extension letter date.  Anyway, she gave us a stamp in the passport extending our I-751 letter another 2 1/2 months as we don't know yet our next return. Obviously if they need an interview we will fly back for that.  Hope to hear something about the greencard soon though.  We also submitted an online inquiry about our application.  Said we will hear back by January 21st if I recall.  Long time but not much we can do.