singapal

it seems you have a plan, but i have some sense that you not qualify to chase a usa passport overseas based on your length of time as a citizen prior to child's birth (ie, zero).

However, if the child was in usa yesterday, you could apply for something and get the citizenship for the child.

which path do you feel you qualify for?

Thanks for the response. We're working with the US embassy in China to get her a transportation boarding letter so that she can enter the US visa-free as an LPR. The 3 of us will move back together then I'll get her a passport immediately. Just wondering what documents are needed to apply for a passport.

4 months after my daughter was born overseas I became a naturalized citizen. Instead of spending money on form N-600, I'm thinking getting her a passport directly. What documents do I need to submit? Could someone at least share a link or something? Thanks!

Quick update: I became a US citizen on June 19 at the USCIS office in Fairfax. Ceremony was short but touching, some folks were in tears, me included.Thanks for the advice and encouragement I received from this forum, my best wishes to everybody. One side note though: travel after interview does matter: I was questioned intensively about my continuous residency, and luckily I brought quite some evidence: utility bills, auto insurance, tax returns etc.

If you're done traveling you should be fine.

If you've moved to take a job oversees you may have a problem. Continuous residency means actually living here.

You were approved, so they didn't care about the pre-interview trip. You'll have to report the post-interview trip.

Assuming the issue comes up (which it may not) an employment letter stating that you are now based in the US would help. If you are still working oversees, then the items you've listed will have to do... I wouldn't expect them to ask any questions about a 2 month trip, but you should be prepared. Definitely disclose the trip on the oath letter.

Thanks Jimmy! I am actually working overseas (employment contract signed with the 100%-owned local subsidiary of the American company with no fixed term) so I'll have to put my trust in God.

Left the US to work for an American company overseas on January 8, interview was on Mar 23 and Oath is June 19, long trips overseas both before and after the interview totaling over 5 months. Will this raise a flag at oath although each trip lasted only 2 + months? What evidence should I bring to overcome any doubt about my continuous residency? I've kept my condo (not rented out) and have regular electric, cable bills, auto insurance etc.

Thanks for your advice!

Thanks much for the info! According to another website folks in DC area could wait up to 2 months after "in line" so InfoPass might be premature...

http://forums.immigration.com/threads/oath-ceremony-fairfax-va.324083/

Anyway, hope to be done with this by July 31

I was told there are 2 big oath ceremonies coming up in June and July, both with 500+ new citizens, and that I would be invited to one of those. Seems you've been waiting a while. Maybe you need to call, or make an InfoPass appointment, to try to move things along?

Congratulations! I'm glad to hear the oath could take place in June. My interview was Mar 23 in Fairfaxx, status changed to "in line for oath" on April 21, still waiting...

I had my interview today at the Washington DC field office. Everything went well. After I was sworn to tell the truth, the IO started to administer the test. She asked me to read the question, 'Which state has the most people?' and then write 'California has the most people'.

My civics questions were:
1. Who is in charge of the executive branch?
2. How old do citizens have to be to vote for President?
3. If the President can no longer serve, who becomes President?
4. What is one right or freedom from the First Amendment?
5. There are 4 amendments to the Constitution about who can vote. Describe one.
6. What is one reason colonists came to America?

Then the IO went through my answers on the application form, asking most of the questions verbally and checking what I said against what I had written. She glanced at my Green Card and driver's license, and asked me to sign my 2 photographs, and then we were done. She told me, 'Congratulations, I am recommending you for approval to become a citizen.'

I had taken a big folder of documents and photocopies for the interview, and the IO didn't need any of them. What a relief!

Now I just have to wait for my oath ceremony, which the IO said would probably take place in June.

in line for oath. Thank God. Does anyone happen to know the time lapse between in-line and the actual oath date in Washington DC (Fairfax)? Thanks!

3 weeks after the "decision cannot be made" still not a single word. Guess I'm screwed.

Yeah...I'm not too impressed with many government employees.

Our experiences at SS and DMV offices have not been much better.

That said, for educating myself on my wife's future USC filing,

why did "overseas travel of two months" became an issue?

Were you traveling as a GC holder?

She started out by declaring I wasn't eligible because I traveled overseas for over two months right after fingerprinting which broke my "physical presence" test. I had to explain to her that one only needs to satisfy that test up until the filing date of N-400 and it was the continuous residency that needs to be maintained all they way thru oath.

Yes I was travelling after I filed the N-400 for business. It shouldn't matter as long as the trip is not longer than 6 months, but in my case the IO mistakenly believed the physical presence test must be applied on a rolling basis all the way thru the oath.

I'm sorry! I didn't even notice your question at the end there!!!

You are going to get one of three responses:

1- You will get a notice that you are inline for oath scheduling or that your oath has been scheduled (fingers crossed!)

2- You will get an official denial letter. Read the letter and see the reason they cite. If it's just physical presence, you can appeal immediately and cite the section of the law you quoted above. I don't see why you would need a lawyer for this. If it's continuous residence, then you need to make a decision; you can appeal or you can reapply when you've accumulated a few more months with no travel. Since you'd be waiting either way, I don't think there's any harm in appealing.

3- You will get an RFE asking for more details about your travel. Respond with anything you can to show attachment to the US and intent to reside here. The rules say that intent is irrelevant, but it seems to be the deciding factor in most borderline cases I've read about.

I wouldn't expect a battle... this may take a couple of months, but it's not complicated; you'll become a citizen... the only question is whether it'll cost you another $680 or not.

Thank you so much Jimmy! It's very kind of you to provide so much useful info. Here's a follow up question:

If the intent doesn't matter, logically it would be a bright-line rule in the law that controls right? For example in your friend's case, if he didn't technically break the 6-month rule, what legal basis did USCIS have to deny his case? In other words, doesn't this look like some kind of free hand-out of cash for any competent lawyer? What did your friend do? Accept defeat without a fight?

I had posted the question under December 14 filers but thought I'd open a new topic to attract more answers, if that's ok.

Had my interview on the 23rd and it was very disappointing experience. The IO didn't appear to possess much knowledge about immigration law and I had to suffer and walk away with a "decision cannot be made". She started out by declaring I wasn't eligible because I traveled overseas for over two months right after fingerprinting which broke my "physical presence" test. I had to explain to her that one only needs to satisfy that test up until the filing date of N-400 and it was the continuous residency that needs to be maintained all they way thru oath. She looked dubious but let me take the English and civics test anyway. After that she requested my tax returns which I didn't bring because I was filing under the regular 5-year rule. Went home and got copies of the returns, brought them back to the IO, but she said she needed more time to "conduct research". I was devastated.

Question is what kind of communication should I expect from USCIS now and how long does it take? Would it be a separate land mail or part of the "oath scheduled" thing (if successful)? Should I preemptively engage an attorney?

I stand corrected. You were right; I confused the CR and PP requirements.

In that case, PP shouldn't be a reason to deny your application and the only issue would be whether your frequent travel broke CR. Rather odd that the interviewer would cite PP when she could have a better case denying you on CR if she wanted to... you're probably right and she didn't really want to deny your application, but was just unaware of the rule (like me!).

I had a friend who was in a similar situation to yours and was denied, but I assume that was because they decided he broke CR... he never exceeded 6 months outside the US, but the rule says that trips under 6 months can break CR).

Hopefully a supervisor will approve your application soon.

That's what I'm afraid of. Really didn't want to spend money on a sneaky greasy lawyer but looks like they're my only hope.

Thanks for the info Jimmy, can't say I agree though. Here's what the law says:

Forgive me if I misunderstood your post, but I want to make sure you're not confused.

You have to maintain physical presence until you are naturalized, not until you file.

You have to maintain 3 months of residency within a state until you file, not until you naturalize. Which one are you talking about?

You said ". I had to explain to her that one only needs to satisfy that test up until the filing date of N-400 and it was the continuous residency that needs to be maintained all they way thru oath" but this is not correct.

Example 1: You live in California and want to file your N400. You have to have lived in CA for 3 months prior to filing, but you can move after you file.

Example 2: Under the 5 year rule, you need 913 days of physical presence out of the last 5 years.

Suppose you have 915 days in the US on the day that you file, but then you take a 2 month trip outside the US. On the day of your interview, you no longer have 913 days out of the last 5 years and you are ineligible and will be denied.

The rule states that you need to meet the physical presence requirement to be naturalized, not just to file.

Now, if you have 1000 days in the US and you take a short trip abroad after filing, there's no problem.

I'm not sure which category you fall into, but I hope it's the latter and the interviewer was just mistaken. If it's the former and you were close to failing the physical presence test, then you should not have traveled after filing your N400. Keep your fingers crossed; sometimes USCIS chooses to overlook these issues if the rest of your background indicates that you intend to reside in the US permanently.

Had my interview on the 23rd and it was very disappointing experience. The IO didn't appear to possess much knowledge about immigration law and I had to suffer and walk away with a "decision cannot be made". She started out by declaring I wasn't eligible because I traveled overseas for over two months right after fingerprinting which broke my "physical presence" test. I had to explain to her that one only needs to satisfy that test up until the filing date of N-400 and it was the continuous residency that needs to be maintained all they way thru oath. She looked dubious but let me take the English and civics test anyway. After that she requested my tax returns which I didn't bring because I was filing under the regular 5-year rule. Went home and got copies of the returns, brought them back to the IO, but she said she needed more time to "conduct research". I was devastated.

Question is what kind of communication should I expect from USCIS now and how long does it take? Should I preemptively engage an attorney? Looks like the long battle has just begun.

Will have my interview in a couple of weeks and may I confirm the following?

The 100 questions contained in the booklet we got after fingerprinting are all I need to study correct? The test will absolutely be within the 100?

Reason I'm asking is I sometimes see folks talking about this study aid and that flash cards. If all we need is within the 100 (and just the answers, not even including the long paragraphs explaining the answers), why bother? Am I missing something here? Last thing I want is walk into the interview unprepared...

Sorry for the late update but I received interview letter on Feb 17. Interview was scheduled for March 23.

that means you will receive your interview letter in the mail withing 7-10 days.

Congratulations!

Thanks vwguy, but interview scheduled without having been placed in line? Everybody seems to have goine thru that step.

Just received the following email notice. My question is does this mean I'm already scheduled or could I also have just been placed in line? The 2nd paragraph seems to suggest the latter. If the former, why was I never in line?

=========================================================

On February 11, 2015, we scheduled an interview for your Form N400, APPLICATION FOR NATURALIZATION, Receipt Number NBC*XXXXXXXX. We will mail you an interview notice. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

If your case status indicates that you are currently in this step, you have either been scheduled for an interview or are in line to be scheduled for an interview.

I applied based on marriage and 3 years of PR. I didn't submit any tax information with my N-400, and my yellow letter didn't ask me to bring any to the interview.

Hi Freebiscuit,

I've been following your status closely because I also live in Northern Virginia and my NOA was just 7 days after yours. Is it normal we're not even in-line after 2 months? Didn't know Washington was this slow.

Just realized I also received the yellow letter same day as the biometrics notice (Jan 2), it got wrapped into some junk mail and almost thrown away.

just received my biometrics notice in the mail, the scheduled FP date is 1/15/15. Will try walk-in on Monday. Does anyone happen to know when the best walk-in time is? Would it be bright and early right when the door opens? Or 2 PM or something when it (presumably) slows down a little? Thanks!

Happy New Year everybody! For those of you who've signed up for USCIS case status email notification, did you all receive an email alert before receiving your biometrics letter? In other words, should I even bother checking my mail box at all without an email alert first?

Biometrics appointment came today for Dec 31 at 9am, last day of 2014... So emotional now...

Thanks for sharing. I wonder why they gave you just 2 days of notice while some others got up to 2 weeks. when is your bio letter dated btw?

Update: I attempted the walk in and did that successful today 12/25/2014.

You need a valid reason to have biometrics done early and you can attempt to get on done with your Receipt notification.

Oh, WOW! Congratulations MrsAK! So you did it with just the receipt of N-400? Don't they have to stamp on something? Normally that would be the biometric notice. And does travelling for work constitute a "valid reason"?

I'll probably do the same after the NY and I hope the Washington DC local office is as kind as yours.