waldron1983

what did you mean about the 4 years? you said if they deny her this time based on everything, she would be eligible to file when she hits the 5 year greencard right? wasnt sure if i understood that clearly. by the way thanks for the tip about the 5 months out. and im sure its not an issue but my address is still listed the same as my wife, as I am only overseas working temporarily for a year. thx

You have some good evidence and yet getting an apartment first would help out. However, your part about the 5 months is not correct as you stated above. Any absence over 24 must be recorded on the N-400. She will have to document that 5 months and I'm sure they will ask her about that as well. So she will have to explain much of what you explained above to the IO.

Well if the IO denies it for whatever reason (everyone is different) then you can appeal it or wait till she has her continuous residency up to date (usually the 4 year plus a day if I'm not mistaken). Worst case scenerio which is rare, is that the IO deems her for having abandoned her Green Card for residing outside the US.

The last one isn't too common and usually it revolves around an individul who is living and working outside the US and maintaining a foreign residency without having gone through the proper paper work in the US (re-entry permit etc). Generally this is for people who are out more then a year, but can happen for anyone out any amount of time. It has happened to those who have been out under 6 months too. The 6 month thing only means who is accountable for proving residency and that is it. Under 6 months the IO would have to prove you broke your residency, after 6 months of being out, you would instead have to prove to the IO you didn't break your residency. But that still doesn't mean under 6 months anyone is safe. You could be denied for only being 1 month out if the IO can prove you were residing and working abroad.

So it doesn't look like this is your situation and the IO would have to have enough evidence to bring forth about denying her on just that 5 months out. However, they take everything in consideration, including all previous trips as well etc. Failure to mention that 5 months out will mean big problems, so make sure you have that well documented on her N-400 and the IO knows about it...

thanks for the replies. well, i talked to my wife and we decided that once i return to the US with some savings were just going to head to FL where we have some friends, get an apartment and try to make that work. just dont want to be in the same place we were previously. after a few months we will file her papers.

at that time i will have a rental contract, utility bills, etc. as far as her maintaining ties while outside the US, I can show that we had and still have an active joint US account, she came back and filed our joint US taxes, and she can even show her credit card statement way paid monthly during her absence. as far as her "residence" during that period, her last address as well as mine was and is listed with my mother right now. obviously she will not have any utility bills, however. as far as why she did not come to korea...well, she did visit me briefly, however the main reason was that she would be stuck in the apt all day with nowhere to go or anyone around while I work. I work in a very rural area, no car, subway etc. however, again like I said we have an active joint savings, which i periodically add some money to, and when she has returned to the US she has made withdraws from as well. She has her cell phone, under our joing plan, reactivated now in the US...so I can show that if needed. we were apart for financial reasons, thats all. and she would have stayed in korea longer, but USCIS has their little rules. so when we do file, once we get moved in and settles in our new apartment in FL I will have:

1. a joint residential lease

2. utility bills

3. cell bill

4. joint car registration

5. jointly owned piece of land

6. joint bank acct

7. 3 years taxes filed joint

and since she was not out of US more than 6 mos (out for 5) i wont have to note on her n400 application. so if they dont ask, she wont volunteer, basically.

i think we will be fine doing this, and I dont see any reason she would be denied. IF she were denied...she would have to wait to 5 year mark?

yeah we married in 2007. less than a yr later i lost my job, we were forced to move with my family to my home state. i worked doing some side teaching and she waitressed. we barely made anything and we scraping by, on top of family problems. so we moved from out little apartment. we stayed for a few days with my mother, and changed our address to her house. i left to korea where im at now working. wife departed to her home country to see her family...5 months. she just got back to usa, went to see my mother, and now shes visiting with her family in colorado until i get back home. this is not out of convenience i assure u, its just finding a decent job was not working out. when i get back home, my father is signing over a small piece of property to us and we are getting a camper to live in, temporarily i hope. once thats done we will file her citizenship. i will have our land title and camper title, that will be our residence, unless we get an apartment. honestly, we are a valid married couple, thats not an issue. she was eligible now to file for citizen, but we will do later this year once i get back. she is in the usa right now, just staying with her family, as opposed to my mother.

whats the difference filing now based on marriage v 5 year? i just dont want to put her in the chance of losing that ability to get her citizenship now. very very tired and very very confused. but yeah i can say we are a real married couple, not a fake couple at all. any further advice welcome

All your wife has to do (you, my friend, don't matter no more) is list her address. That's a street name, a number, a city, and a ZIP code. She won't state if it's owned or rented, a mansion or a trailer, and also does not have to state how much she pays per month, if any.

Do you think the I.O. will use Google Earth or Zillow.com to zoom in on her residence in order to check out what it's like?

I don't think so either.

Google earth??? thanks, made me smile for a minute there

okay...im us citizen overseas working, wife is a perm 10 yr card holder. last address we both hold is with my mother in her house, right now im overseas working and my wife was here for a while (5 mos)...now back in usa. when i get home to usa in october, after out for 1 year, we will file for her citienship based on marriage. instead of getting an apartment/house, we have a small piece of land my father will sign over to us and we will buy a small camper...trying to save money, not in great shape financially. (i had to take teaching job english overseas). will us living in a camper on our land cause any issues when filing or anything else??? we filed our taxes etc so thats fine. i called uscis...they said having a house/apt no way made any issue in getting citizenship...any thoughts guys??? thx a lot

thanks a lot, load off my mind. yeah ive made sure anytime, shes never out more than 5 months even. im aware shes the one that files, i just am making sure of everything for her sake, and my sanity thanks for the reply.

hey guys...questions... ok, im married 3 years to my wife. she has us perm residency. eligible to get citizenship based on marriage in spring 2012. i lost my job in usa, and moved to take a job teaching english in korea. my wife is visiting her family in her country. when we gave up our usa apartment, we changed our residency to my mothers house. my wife will be going home soon, under 6 months out of usa, and when there she will stay at my mothers home. i will return home in oct 2011. once there i plan to file for her citizenship. i have several things...a joing bank account, joint credit card, cell bill in both our names. im also going to get my car signed over into joint and we have a little piece of country peroperty that is jointly owned. and of course 3 years tax returns too, joint. i plan to prob return to korea for one last time asfter my wifes papers are done. my questions: 1. is living with my mother, my mother is a little older and i think me around and my wife would be good anyway, cause any problems filing??? we have old apartment lease from before, but as of now our residence is listed with my mother. will this cause any problems??? also....we never made a whole lot of money when we worked in the usa. i was a sub teacher and wife was a waitress. however, i will list on taxes any income from korea as "additional income". just making sure everything is okay. i dont wwant to screw her chances of getting citizenship up. and most of you know what a pain USCIS can be. anyway, let me know. thanks! any advice would be welcome. by way we are both in mid 20s, no kids yet.

Ok thanks for earlier replies guys. Ok now I will be heading overseas to teach for 1 year. My wife (10 yr perm resident) will join me for up to 4 months, and will return to work in USA. Before we leave we will change out official residence to a family member of mine here which my wife will stay with as it's close to work walking 5 mins. I will have this address as mine as well. Now my wife will not be out of country for more than 4 months at a time and she's keeping her job here and our joint accounts and credit cards etc. Will my being out of the USA cause any problems? Or is my wife the one whose feet are held to

the fire? Once I return we will get an apt of our own again then file for citizen. Just making sure because I don't want any unpleasant suprises at her citizen interview next year.

Thanks

thanks guys. i tell you all my wife and I are in love very much, shes my best friend too. a couple eyars ago I lost my good job in NJ and with it good salary and nice house...so like many Americans I was dorced to move back to my home state and lived for a few months with my father and his GF, along with my wife. we moved and got out own home for sale by owner, my unemployment dried up after 1 year and still had no stable good job, moved back with father...(note my wife is very patient and I cant tell her how much I thank her for this). well after about 7 months we were able to save up enough and are at our current little apartment in town. she works as well as myself, but it just isnt enough at all...we live paycheck to paycheck. so I found a good paying job with everything provided teaching overseas, whic will give us a real oppertunity to get out of this rut and be able to allow me to take care of my wife again, at least until we get permenantly on our feet. were in our 20s, no kids. she just got her perm residency 10 yr card and it makes me ill because we are at the end of our rope and cant stay her anymore and cannot risk a questionable job and dont have the savings to relocate in US. she will come with me for about 4 months (under 6 months mark) overseas and then rturn and stay with my mom for a while probably, and maybe return to see me for 4 months later on and accompany me back to te states. I plan to change our address to my mother which my wife will probably stay with once she comes back anyway waiting for me. we will keep our current PO Box mailing address,however.

thanks for all the responses guys. since my wife is now a perm resident 10 yrs, must I change my address still when we change over???

I dont want to screw all everything up we have worked for, at same time we need the job and money.

okay guys complicated question here.....

married 2 1/2 years to my wife from philippines. she just got her perm residency 10 yr card a couple months ago...so all is well. ok here is the issue. I have had trouble finding work, however I have secured a teaching job for english in Korea for 1 year. Here is our plan, which ot sure ill do or not yet...but need to...please see if there are any major issues to be worried about etc.

we have an apartment now, which we will have to gove up when we leave, obviously, however Im not changing the address because we will be living overseas temporarily. my wife will stay with me 4-5 onths and return to USA and probably stay with one of her girlfriends, and possibly come back to see me again before my 1 year is up. once I return we will get a new place, a job here for me (hopefully) and settle...as her citizenship can be claimed next year...she got her perm residency card TEMPORARY in May 2008. Once I return to USA THEN I will change our address to our new place. I know people do it all the time, as far as the address, just making sure this sounds ok? we cannot afford to keep renting a place here...would defeat the purpose and we are financially in bad shape. any ideas, comments, concerns let me know please.

hey guys, question here. Okay, finally sent off I-865 and got confirm letter, so thats in thw works. Second thing I need help on. I am expecting up to 7 months for my wife to get her perm res 10 year card. So that would be about October/Nov at the latest. I am a teacher, and have had a very very hard time finding work here, as I am a sub teacher and not a certified one. My wife and I have decided that I will take a job teaching english in Korea for 1 year in order to save up some money and invest in our future business plans. Financially were in a bad spot, as are many people, and this is something I know I can sdo well, teaching. Only concern...I read that she can stay outside US for 1 year without any problem, anything over that need a re-entery permit and that takes off her time to get her citizenship.

1. How long in your experiences, can someone stay outside copuntry without issues?

2. If my wife goes with me and we leave Jan 1, 2011 and she stays with my until May 1, 2011 and returns to USA. THEN returns to Korea with me from like OCTOBER-January (when I come back home). Is that ok??? IS it only necessary for her to re-enter the USA, or is the length of time she is in the USA important???

3. If the teaching goes well, I may return to the USA and then go back again a few months later.

Let me know. Sorry so complicated.

okay, sending off our I-751 this week. we have our evidence:

copies of 2008, 2008 Fed Taxes

copy of our iteniary and passport stamps from our trip to Philippines in december 09

copy of a water bill in joint name

copy of our old homeowners insurance papers showing our house address and joint names

copy of our joint credit card account

copy of our joing bank account

photos of us together

of course the payment, passport pics, etc that they need

need to know...we want to get 2 affadavits from people saying they know us and we are a married couple. what should the document say??? must it be notarized? is there a standard form for this from USCIS? or do I just write it myself?

well I roiginally lived in NJ...thsts where i filed the K1 Visa and she got her origial greencard. then we moved. she cnaged online. I never filed for my move from NJ to WV. Since living in wv, I have moved 2 times. The most recent was like ausgust 2009. Is August 2009 fine for filing??? Only curious because I never filed obe before...I never hr=ead of 1865 util recently.

thanks guys

im sending in my 1865 today...question. On the part where it says "effective date" should I put todays date? or when i moved into my house? technically im late filing this...so

thanks

im pretty sure that todays date is fine, just checking

well, i should say i am a teacher, however i am a substitute right now because i dont have the papers to teach full time. wife and i are in bad situation financially, as are many, and i found a program to teach english over in south korea. i am gathering my documents to try this in October, once my wife finally gets her 10 year card after the ROC is complete. question is...how long at a time can one be out of the US for without putting residency in problem area. if the job turns out good, i may return again for another full year. question...

1. how long can my wife be outside USA at a time?

2. Anyone know the korea visa situation for Filipino citizens but US resident holders?

3. if wife is with me for say 9 months and she returns and stays in US for 6 months and return wirth me again for 9 months, is that okay? splitting the time up...Thanks guys

Travis

okay getting ready to file ROC in few weeks. we have our joint tax return FEDERAL, and it is a copy...it says DO NOT FILE...DO NOT SIGN. is this acceptable as evidence? or MUST be sign it, even though in the signature box it says DO NOT SIGN. And as far as criminal convictions, we got a copy of my wife's citation for sale of alcohol to minor...police sting at the restaurant she works at, she just started when it happened...inexperinced. we paid the fine...no arrest. if we get a copy of the report from local cops, should this be submitted, since the ROC requests all infractions other than minor traffic violations?

thanks

yeah i was not aware of this at all. i will file it monday. the guy as USCIS scared the hell out of me with "you could be fined 200 or 5000 dollars" thats great we are living on the edge of poverty thats all I needed to hear anyone EVER had any problems with this stuff???

okay guys, i just had my wife file online to change her address, 5 months late. anyhow, DO I have to change MY ADDRESS? I am her husband, a citizen. She married under the K1 and she is having her conditional removql papers I751 sent off in 2 months. I was never ever aware of having to file anything for myself. Must I submit the I-864 document for myself????

thanks. yeah she was very new to the joband i guess the city was short on cash...a nice $500 fine, which i had to pay. she has not done it since, shes better at checking the IDs at the restaurant now

thanks a lot

also, wife is a waitress. she was givin a citation for selling beer to underage people, by police posing as customers. she was 1 month into the new job, great. anyway, on the ROC papers it asks about that...when we put it on the paper will it cause any problems

sorry guys, i just panic and freak out over ever little issue

okay heres the situation. wife and I married 2 years, about to file for removal of conditional status in 2 months from now. after we married, a few months later i lost my job, we moved to my home state and lived with my father. we changed our address online as well. from august 2008-december 2008 lived with my father. my mother who lived in the area moved out of her home, and my wife and I took over the mortage on it...have the documents for that as well as a couple old bills. we changed our address online as well. Okay...from december 2008-august 2009 we had our home, i eventually lost my unemployment and we were forced to move out, back to my father. WE DID NOT CHANGE ADDRESS ONLINE because wife had submitted a replacement for a lost greencard in April 2009, when we lived in our home. We didnt want mail to get screwed up, or USCIS to have to start over or something. We are currently with my dad, to now, but are trying to get an effeciency apartment in february. its hurting us financially to do that. im working, but since losing my original job, things got bad. my question is...

1. Will it hurt us if we are still living at my Dad's house when we file???

2. Should we go ahead and mobve into apartment, and change address online as well?

3. What likelyhood will we be called for interview...what happens in interview?

4. Is there usually a major issue if you dont change address, or if we did it now would we be okay?

Thanks guys, weve been losing lots of sleep over this