My husband (American citizen) need to move overseas for work.

my daughter (us citizenship) and I (green card) will follow him of course.

But I am afraid that this is will create problems with my naturalization, How can I be overseas and do not lose the naturalization requirements as residency? Is there anything that I can do? I know I can apply for a reentry permit before leaving but my husband will probably need to stay overseas for 10 years and then going back to the states.

how can I follow him and became a US citizen?

please help me I dont know what tk do :(

1 hour ago, Chancy said:

 

Your spouse travels with you when you travel overseas?

 

Yes

12 minutes ago, Chancy said:

 

Let me repeat -- you do NOT have 36 months of continuous marital union yet.  Since your current marriage only started in 2020, you have less than 24 months of continuous marital union so far.  The time you lived together while you were divorced does NOT count because you must be legally married to be in marital union.

 

Assuming you do not go on long trips abroad again, it would be faster for you to accumulate 30 months of physical presence in the US than to reach 36 months of marital union on your current marriage.  That is why there is no benefit to you applying under the 3-year rule when you could qualify faster under the 5-year rule.

 

I know and infact I will apply next year!

I do not have 30 months I only have 18 and I travel a lot overseas so its easy for me to wait the 3 years and applied under it!

thanks

2 hours ago, SusieQQQ said:

Gee, there’s a lot of confusion in this thread. A lot of people seem to have missed that you said initially you’d only apply next year if you apply under 3-year rule and are basing incorrect responses on having missed that. 
 

So this is the situation: 

When you submit your N400, you choose on the form whether to apply under 3-year rule or 5-year rule. If you can qualify for either, you choose which one you want to apply under. The only caveat is to be sure you meet the requirements of what you apply under, because you can’t change it during the process or in interview. For 3 years remember the marital union requirement applies as at filing, but you need to remain married all the way until you take your oath.  (And it’s totally untrue that you need to have been married all the way to same person to apply under 3 year, and not that it applies to you but as some others have said you can totally apply under 3 year even if you got your green card through a different means.)

now to what you maybe don’t seem to understand fully: No matter which rule you apply under, they will review the manner in which you got your green card and your history as an LPR. So if you apply under 3 year rule, as others have said they’ll “look” at your longer travel history, though honestly that’s irrelevant as long as you qualify on presence /continuous residence on the 3 year rule. If you apply under 5 year rule, they will still look back over the marriage to see if it was genuine, but the burden of proof of that marriage is less than the 3 year rule which requires marital union etc. so yeah you’ll probably get questions on it but from what you’ve posted here that shouldn’t be an issue. So, imo you should just apply for whatever will make sense to do first - if your past 5 years at this stage meets the requirement then you might as well file now under 5 years. If they don’t, and you’ll be able to apply faster if you wait under 3 year rule and apply next year, then do that.

My point is this:

I do have 18 months ago f countinuos residency in the last 3 years as they required if I apply under the 3 years rule.

I do not have instead 30 months in the last 5 years as they required under the 5 years rule.

so that’s why I would like to apply under the 3 years.

I have no problems with my marriage as  we have been living together for 10 years and we have a family together.

2 hours ago, Mobius1 said:

Divorce but still living together = not legally married to the USC. 

 

You are not eligible under 3  year rule. They are VERY strict about it. I have heard of people's cases (3 year rule) denied just because they are not living together more frequently as one had to travel a lot due to work. Some what similar to your situation. Another inconvenience of 3 year rule is you have to re-prove your marriage 2/3 the intensity of i751. For most, however, that's not an issue.

Remarried in 2020

1 hour ago, Rocio0010 said:

The timeline is somehow off to me. OP said they were approved for the conditional green card in 2015, filed for divorce in 2017, got PR card in 2018. OP hasn’t mentioned that they’ve filed the 751 with a divorce waiver -or did I miss something? 
If you didn’t file the 751 with a divorce waiver, and got approved, I’m afraid there is a bigger issue than the 3/5 year rule for N400. But maybe I’m missing something?

I filed with a divorce waiver.

let me repeat the situation we got married in 2015 then we had some problems and got divorced in 2017 but even with that we couldn’t stay away from each other so we got back together after few weeks from the divorce. Always lived together and remarried in 2020.

so now what’s easy for me? 5 years rule or 3 years?

maybe its going to be more complicated with the 3 years because I will need to explain all the details all my love story with my husband 

1 hour ago, Rocio0010 said:

But did you file for ROC With a divorce waiver?

Yes.

we got married in2015,divorced in 2017 remarried in 2020.

Always lived together even when we got divorced 

3 hours ago, Family said:

Yes you can choose to apply under the 3 year rule, as can anyone who sees an advantage to the shorter 18 month statutory period. 

Can I?

And they are going to review only the last 3 years correct?

5 hours ago, Rocio0010 said:

Did you have to file for ROC? Your timeline is incomplete… 

you got your green card in 2015. Then that means that sometime in 2017 you should have filed for ROC, but you also said you divorced in 2017… please clarify

Yes and I got my order 10 years GC in 2018

1 hour ago, Chancy said:

 

Was your spouse living with you the whole time?  If you file under the 3-year rule, you have to provide evidence of 36 months of continuous marital union immediately preceding the N-400 filing, or convince the IO that any long-term period of separation within the preceding 36 months was beyond your control.

 

We have always lived together even when we got divorced.

2 minutes ago, OldUser said:

@Chancy agreed, the OP can apply under 3 or 5 year rule in this situation. However, I see no benefit applying under 3 year rule. More evidence needed, more paperwork, more questions. And they're going to review 5 years of travel regardless, because the OP is LPR since 2015.

Yes there is benefits for me.

If applying under the 3 years route the requirement is 18 months physically in the US in the last 3 years while with the 5 years path is 30 months.

42 minutes ago, Nkrish83 said:

You can apply under either category but it wont matter since your travel history is associated with your greencard. Evidence wise the burden is less for 5 year, so you may be better off applying under the 5 year category. 

 

Traveling overseas does not disqualify you until you stayed more than 180 days at a time at which point you joepardized your residency. Other than that frequent business/personal trips outside dont disqualify you if you maintained domicile in US territory. 

I actually travelled overseas for more than 180 days but never intended to leave the US and I maintained my residency.

It happened twice in the last five years, thats why I am asking if I should wait for the 5 years or I can  apply as a spouse as I have 18 mi ths of residency but not 30 in the last 5 years.

27 minutes ago, Timona said:

 

She cannot use the "spouse route."

You need to have been married to a USC from the start. She doesn't fit that bill...so 5 years is her only route 

 

I was actually married from the start that how I got my green card.

then we had some problems and got divorced in 2017 and got back together and remarried in 2020.

thats why I am asking since I am married with the same person I was when I got my GC!

Any advice would be so appreciated!

thanks

Hello!

I am a permanent resident since 2015 but I am married to an American citizen since 2020.

my question is this:

in 2023 can I apply for Naturalization as a spouse of a US citizen?

or I am forced to apply as a permanent resident since 2015?

asking this because since 2015 I have been a lot overseas for work but since 2020 I have been always in the states.

so it will be more easy for me.

Can I do that as a spouse of a US citizen?

Thank you so much for your help!

12 hours ago, Demise said:

 

Okay so this is I-131 for a re-entry permit. Yeah you'll be fine. You are not required to be in US for this except to give biometrics.

And how do they check that? Based on the info I wrote in the application?

They used my old bio but I was phisically in the US for the entire process, I just recently left.

1 hour ago, USC4SPOUSE said:

@ros88 only an immigration judge may determine that you have abandoned your LPR status. Even if a CBP officer asks you to fill out and sign form I-407, you may just say "no, thank you. Please give me an NTA (Notice to appear) and you would then get a hearing before an immigration judge. 

 

But you do not have to worry about any of that because you are nowhere near that point. You should be fine returning to the US after your projected 4 month absence. 

Thank you!

I know but I say before, I am just worried because in the past (before this last year) I have been a lot out of the country.

But I just left after 7 months in the US and plannig to go back home in less than 4 months, Hope to not face any issue when back.

Thanks a lot!

31 minutes ago, Mike E said:

In the past 366 days how many have been in the USA?

 

When you return to the USA in the past 366 days how many will have been in the USA?

 

Reentry permits are a great idea when USCIS takes 30 days or less to process them.  You applied. You spent your money.  You don’t get your permit before you are back in the USA.  
 

 

Exactly.  There is nothing more to do.  Do not be bullied by CBP.  
 

completely agree with all of this.  

.In The Past 366 days I have been 7 months in the US.

But as I told you before in the past (before this last year) I have been a lot outside of the country.

When I will be back in the US it will be 7 months in and 4 out.

Thank you for helping me sorting out all this!

21 minutes ago, Mike E said:

Cool.

 

There are myths about LPRs leaving the USA and having CBP revoke their LPR status.

 

Read https://www.aila.org/File/Related/18110604b.pdf to get the truth.

 

You should come home as soon as you can though. The USA wants to you spend the majority of your time in the USA.

 

If you have been spending the majority of your time in the USA, maintaining a home, filing tax returns, keeping your state ID current, etc, then ignore idle threats from CBP. Behavior that does not break residency for naturalization purposes isn't behavior that would cause you to lose your LPR status.

Dear Mike,

I own a house and a business in the US.

I am married to an american citizen who also own a business in the US.

We live in The US my life is there but "unfortunately" I also have my family in Italy and for a family issue I had to spend a lot of time overseas (never more than a year) Then I had to spend more time because of Covid...etc.... so many problems!

But in the last year I have  spent 7 months in The US , now I am abroad but I am planning to go back before 4 months.

Then I should not need to travel overseas anymore (I hope).

I applied for this reentry just to make sure to not have issues.

I dont know what to do more...I just want to go back home without all this stress

24 minutes ago, USC4SPOUSE said:

@ros88, did the officer say that because you had been outside of the US for longer than 1 year?

They questioned my prolunged absences.

That's why I have applied for a reentry permit even if I will be outside for less than 4 months this time.

9 minutes ago, USC4SPOUSE said:

@ros88 you only need a re-entry permit if you are planning on being outside of the US for longer than 1 year.

Yes, but because of my travel history, last time I entered the country the officer reccomend me to get a reentry permit for future trips.

11 minutes ago, Timona said:

Why would you apply for re-entry permit if you have 10 year GC that you were just renewing?

 

Maybe I don't understand the process of renewing a 10year GC?

Because I travel a lot of overseas for family issues in europe!

6 minutes ago, USC4SPOUSE said:

@ros88, I do not think that you will run into any issues. You did not leave the US before completing your biometrics. You are fine. 

Thank you!

Just afraid because I have history of travelling abroad for long times (i had some family issues in the past).

But while applying I have been in the US for 7 months and I am now abroad and my trip should be less than 4 months.

31 minutes ago, Mike E said:

Based on your timeline you have pending AOS application and you do both have a valid advance parole document.  
 

You left the USA without an AP document.  You won’t be readmitted and your AOS will be considered abandoned.  

I am actually a 10 years green card holder.

Just forgot to update my timeline, sorry!

can application be denied if I leave the country after fingerprints were taken?And How do they know I was in the country?

I have applied for a reentry permit on October 5 2020.

In the form when they ask planned dates for the trip I wrote 20 November 2020 (thinking biometric would have been by then).

Of course they did not comem by that day and I have patiently wait in the US for the biometrics.

They took my bio on January 2021 And I left the country in May (so I totally changed my trip dates in order to wait for the process).

My application is still pending.

My question is, Can they deny my application because i wrote early dates for the intended departure?

Are they going to check that instead I DID NOT leave before the biometrics were taken?

And How are they going to check?

I am so stressed out for the situation.

Please any feedback is really appreciated.

Thank you!!!!

It has been 9 months.... and still dont have any news about my reentry permit!!!

I will be back to the US in August (so it will be 3 months out of the country thus way).

but in the past I have been out of the country for long times thats why I cannot wait for my reentry permit in order to go back home without any trouble at the port of entry!!

I can't believe USCIS is taking this long!

Anyone in my same situation ?

Thanks!