special case - hence several questions

I find that a surprising result, especially since it appears the IO didn't ask you about either your employment or residence situation.

Congratulations. Don't forget to keep on paying uncle sam, even if you do decide to live in India permanently.
 
boatbod said:
I find that a surprising result, especially since it appears the IO didn't ask you about either your employment or residence situation.

Congratulations. Don't forget to keep on paying uncle sam, even if you do decide to live in India permanently.
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Yep - important. Even if you live abroad, you need to file US Tax return.
 
Jojo72 said:
I guess Congrats, but why would one want a US Citizenship if you are not planning on living in the US. What is the whole point? I just don't get it :confused:
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You can visit US anytime without visa.
You can change your mind after few years, and decide to settle down in US after few years.

Children get citizenship.
 
boatbod said:
I find that a surprising result, especially since it appears the IO didn't ask you about either your employment or residence situation.
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I think what helped was the type of organization the poster was working for. That job probably would have qualified for an N-470. Although the N-470 wasn't actually filed, working in a job that meets the criteria still helps when it comes to preserving continuous residence.
 
Jackolantern said:
I think what helped was the type of organization the poster was working for. That job probably would have qualified for an N-470. Although the N-470 wasn't actually filed, working in a job that meets the criteria still helps when it comes to preserving continuous residence.
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Perhaps. Or maybe the OP was successful because she met the statutory residence requirement for naturalization which is 2.5 years within the U.S and no single trip of more than 6 months. There is nothing in the law that says naturalization should be denied simply on the basis of working abroad.
 
byegeorge said:
Perhaps. Or maybe the OP was successful because she met the statutory residence requirement for naturalization which is 2.5 years within the U.S and no single trip of more than 6 months. There is nothing in the law that says naturalization should be denied simply on the basis of working abroad.
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It's not the working abroad that might have been a problem for this poster, it is being abroad for those lengths of time. Series of multiple long trips have been the basis for denial for other people, even though each trip was under 6 months. But working abroad for certain types of employers (US government, certain international organizations, US corporations) is often viewed as not breaking continuous residence; the poster probably would have been denied if the time was spent taking extended vacations.
 
brb2 said:
I have seen some people whose applications were returned for having "applied" earlier than 4 years 9 months. In other cases if their application reached USCIS a day earlier than 5 years less 30 days they were denied even at the interview stage which was 5 months later!
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teleks, congratulations!

Can someone please throw some light on the red portion above? Did such instances really occur? If so, I would think that all such denials were in error... they must have been challenged and quikcly overruled. Anyone have any comments or experiences?
 
ohyeah said:
teleks, congratulations!

Can someone please throw some light on the red portion above? Did such instances really occur?
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Yes, but for applying before 5 years minus 90 days, not 30 days.
If so, I would think that all such denials were in error... they must have been challenged and quikcly overruled.
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Overturned on what basis? The law is clear about the earliest time you can apply. Denial for applying too early is not a permanent rejection; it is overcome merely by reapplying later, so there is generally no need for appeal.
 
Jackolantern, I was referring specifically to the part about 'applying a day earlier than 5 yrs minus 30 days'. IF anyone got denied during their interview on THIS basis, such a denial was definitely in error. The regs clearly allow sending in applications 5 yrs minus 90 days prior to the 5-year GC anniversary. The OP said people got denied due to the 30 day thing.

I can easily see someone having their application submitted '5 yrs minus 91' days getting returned, but not a '5 yrs minus 35 days' application! That would be a WRONG basis for rejection. Would you agree?
(I don't know if the OP really meant to say 90 but accidentally typed 30.)

Regards.
OY
 
teleks,
Congratulations! So is your husband planning to join you in India. I am sure it is tough for the girl to live separated from dad for so long? Are you a member of r2i club? maybe we can discuss things offline there.
 
desihai said:
teleks,
Congratulations! So is your husband planning to join you in India. I am sure it is tough for the girl to live separated from dad for so long? Are you a member of r2i club? maybe we can discuss things offline there.
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Applied US passports (expedited), on 14th (friday) and got it on 18th (tuesday). The most difficult parts got cleared very easily. Now the Indian visa is not being issued easily. PIO takes 5 weeks - my husband applied today and he will get it on May 1st.

I applied for employment visa on 19th and I am going back and forth to the embassy. I am supposed to leave this weekend, but looks like I will be delayed. The embassy wants a contract letter from the employer - which the employer may not issue now - b'cos I am not entering into a fresh contract. I submitted my appointment letter (old one), but the embassy says - it is expired probably due to clauses that talk about the inital probationary period. But I submitted the latest pay stub & employment verification letter - but the embassy sticks to - current contract letter.

I am kind of stuck right now. To ur question - yes, my husband will return now, once he gets his PIO and other stuff straightened out.

I have read some posts on r2i but I am not a member there.

I will keep this forum updated.
 
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