
Paf
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Posts posted by Paf
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Thanks everyone. My wife was worried and I told her that I would post this question to confirm. Sometime there are hidden rules I may not know.
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My wife and I go on a 3 month vacation every year to the Philippines to visit friends and family. This year we are going for 4 months because of the birth of our son. Will we run into any problems with having a trip once a year overseas. She had a friend tell her that she may have a problem because they may call her a traveler. apparently her friend had a lawyer and he said they will have problems from the 3 trips in like 9 years. My wife and I have traveled 4 times in 4 years.
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I work for a US based company but they don't care where you want to live. They only fly you to and from one airport in the US and that's in Alaska. If you want to live any other place you have to do the travel on your own.
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I don't want them to think I am working the system but I work a rotational type of job and have to travel every 3 weeks and the plane tickets are killer for me. The only way I can make it work is to get rid of the things that cost a lot to maintain. I.E. rent, car, debt, etc... I have had a job with travel the past 8 years. That is how I met my wife, but now with the family 3 tickets are to much to buy every few months and try to save for our future. Her family in the Philippines wants to meet our son so bad and we both have many friends we want to see. This is why our 9 month trip/tour home.
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Would it work if I had my wife fly back to the US and stay a day after 5 month and then fly back for the remaining 4? Would this avoid the problem?
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FYI this is the 3 year rule based on a marriage visa. finished reading the part you sent me. My wife is a homemaker and doesn't have any of her family over here other than me and our newborn son. The only way I can make this trip work is if we put our things in storage while WE travel other there. I can pay rent in Cali and pay all the plane tickets. Will this be a problem?
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You could be out of the country; however you need to be back when you receive a letter from USCIS
i.e., interview appointment letter or any document/s pertaining to your application, on the other hand when you received your interview appointment letter, you can write to them and request for another interview date
There’s no such thing 6 months rule, however you cannot be out for more than 1 year
Your best bet, read the N-400 instruction
This is where my confusion is. Here is the PDF I am referring to from USCIS regarding the 6 months. It is on page 2. http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf
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I saw a place saying if we apply for a n400 we can't have any trips longer 6 months. We just had a baby and want to visit the wife's family. Example: If we leave April 1 and returns January 1 2015. She is eligible to send her N400 paperwork in as early as June 3 2014. Will we still have to worry about the 6 month or less outside the US rule is we don't even apply for the N400 until months after she is eligible? I didn't understand. The travel section says she can leave for up to a year and the N400 says PDF says she cant leave for more than 6 months...I am confused.
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Filing I90 would be a waist of time and money for you now. File your N400 and tick the box do you want to change your name. You can change your name during the naturalization process for free. A judge will sign a paper and give it to you and that's it, once tout are a citizen you have s new name At the same time. Good luck
We already did the court thing and changed my wife's name. Do we still check the name change part because it wont match the old records?
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Thanks guys for all the help. There are so many fees it seems I wanted to keep from paying more than I had to. Will it slow the N-400 at all?
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My wife just changed her middle name legally and we will be mailing the N-400 in June. Should we use the I-90 form before or just send the legal name change paperwork at the same time as the N-400 and save $450 for the I-90 cost. She has her 10year green card with her old middle name still.
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Ok so if we dont get our 10year it will be the same as getting a k-3 the next time(cost,time,money...ect)?
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Why did you wait 2 years to file AOS?
Do you mean ROC?
Yes I ment to say ROC. Her greencard will expire in september but we got married in March.
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My wife came to the U.S. on a K-1 visa. She has been here almost 2 years and soon we will have to do a ROC. We were thinking of moving back to the Philippines for 2 years or so (we want to spend time in each place). If we let her greencard expire and move to the Phillipines, do we have to start all over again even if we have bee married years and had a greencard already? At a future date, will it be hard to get her back here again (time,money,interview,ect...).
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Just found the USCIS to be way over zealous on dates, nothing to do with family or living happily ever after. Couldn't petition for my stepson, was barely over 21, shy of being married two years, so wife and stepdaughter had to get conditional green cards. Stepdaughter barely turned 18, had to wait another two years to get her citizenship. 90 days means 90 days, okay to send in your application 89 days ahead, but will be rejected if send in 91 days in advance. Trips abroad? Have limits on that to, have to keep close records, here again, one day can make all the difference. If you move as a LPR, have ten days to report that, but normally not made an issue of. If a male 25 years and 364 days old on the day you receive your green card, better darn well apply for selective service or will be in deep trouble. For employment, want the exact date you started and quit, haven't heard about issues on this, but could be lying on your N-400 application.
Just saying, you have to watch those dates.
Wow that is a very good thing to know. I have been doing a good job but I will for sure make sure it is 90days and keep close close tabs on all dates. Thanks
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I would say wait for 3 years and get her U.S. citizenship first, then her dual, and you're good to go. She could visit the Philippines in the meantime for a month or so at a time with no problems. With her dual, she can sponsor you for ACR.
What is the benifit to getting a ACR? I found ACR-I on the Philippines webpage but I am not sure if it is the same or what it would do for me. Can anyone tell me more?
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OK, we just file our RoC (I-751), but I already looking for information about becoming a citizen -- I am sorry, I simply can't stand that she needs her GC AND her passport every time we travel: Do you know how easy it is for anyone to lose the card?
So I stumble upon this information:
Now, here me out here. She she got her two-year GC on May 1, 2010 (I am the USC, the GC expires on May 1, 2012, which is why we are doing I-751 to get her a 10-year GC now). Does this mean she is eligible to apply for citizenship 90 days before May 1, 2013, which is around February 1, 2013, which is less than a year away?
Or I am just making this up? Holy moly... What a day!
What do they consider a long absence?
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We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?
Does anyone know if we can use the AP we got before we got the green card or do we need to get a new one now that we have a green card?
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I-131 form will get you the re-entry permit.
If you are gone for 2 years remember you have to file removal of conditions 90 days before the 2 year green card expires - she will need to be in the USA for the biometrics appointment as well.
Removal of Conditions needs 2 years of evidence of relationship and co-mingling finances.
Take a look at the ROC forms and ROC guide on VJ here just so you are aware of what needs to be done.
We got her a AP(I-131) before she had a green card. is that one good or do we need to get a new one now that she has a green card?
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Yes because a green card is for living in the USA not outside the USA. Even leaving for 6 months the CBP can take your card away when you try to enter if you are asked for a re-entry permit and do not have one.
She cant apply for citizenship for 3 years anyways and still has to file removal of conditions to get a 10 year card after her 2 year card - you have quite a ways to go... and shouldn't even be worrying about US citizenship right now.
Ok I think I got it. We can leave at this time with no problem for a year as long as we have a re-entry permit. If not then we have a problem. Do you know the form number for the re-entry permit or know how long it take to get it? The biggest thing is we dont want to have to re aply for k-1 or k-3 and have to wait to even come back to the U.S.
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You have to apply for a re-entry permit if you plan on leaving for a year or more. If you do not you will abandon the green card and LPR status.
You don't say when she got the green card or if its a 10 year card.
If you have a 2 year card you must file removal of conditions and you still have quite a while before you can even be eligible to apply for citizenship.
It is a 2 year card we just got in September. How do we get a re-entry permit? We are not sure how long it will be. It could be 6 months or 2 years. Will it matter if we are not sure?
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My wife came here on a K-1 Visa and has her green card already. What if we want to postpone the citizenship? We would like to live in the U.S. 1 or 2 years and in the Philippines 1 or 2 years at a time. What would happen if we left for a year or two? Would we have to start over? Would it be easy to return?
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Can my wife travel even if she doesnt have her green card yet but has her AP? We have a AOS interview sep 1 and she has a ticket for sep 16.
read this
in National Visa Center (Dept of State)
Posted
It can work if you do something like this. The only catch is that a US citizen has to be the one signing the petition.
https://petitions.whitehouse.gov/petitions
Create your petition and have any US citizen sign it. Put it to all your friends on Facebook etc....