Eligibility Question based on Marriage to USC

V

VAGC2USC

New Member
I am trying to figure out my eligibility for citizenship and must say that I am a little confused by the information in the M-476 guide.

I have been married to a US Citizen for 10 years and got my green card in 2002. In 2004 my US employer asked me to do some work in Europe for 2 years.
After they applied for a Re-Entry permit to protect my green card I accepted.
I spent half of 2004, all of 2005, and 8 months in 2006 on this assignment.
I traveled back and forth between the US and Europe frequently but had 2 "trips" of 7 months. By showing my Re-Entry permit at the border I never had any issues being admitted to the US with my green card.

From August of 2006 until April of 2007, I spent about 60% of my time in the US and 40% in Europe (2-3 week trips each). My wife and I permanently moved back to the US effective May 2007.
Over the last 5 years, I spent about 700 days/2 years outside of the US.

So, if I read the documentation correctly, I can apply for citizenship based on marriage once I have 3 years on continuous residence.
Do I count that as of May 1 2007 so I would be eligible in May 2010 or does this rule of 2 years plus one day count so it would actually have been May 2 2009?
I am really confused by this "last 364 days outside of country count towards continuous residence."

Additionally, I read that I need to show evidence of having lived with my spouse for 3 years. So would I show utility bills for one year from Europe and then for the last 2 years here? Will they accept proof from another country?

Please help!
 
a quick question, wouldnt his showing utility bills, be a bad impact showing that he had abandoned his residency ?

are you worried abt meeting the physical prsence requirements or continous residence in america ?
 
Your safest option in the near future is to aim to complete the citizenship process at 3 years after the last long trip (applying with the 3-years married to USC rule), which would be May 2010. That would put all those long trips outside the 3-year lookback period. You can apply 90 days before completing those 3 years, so that would mean applying in Feb. 2010.
 
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Jackolantern said:
Your safest option in the near future is to aim to complete the citizenship process at 3 years after the last long trip (applying with the 3-years married to USC rule), which would be May 2010. That would put all those long trips outside the 3-year lookback period. You can apply 90 days before completing those 3 years, so that would mean applying in Feb. 2010.
Click to expand...

jack, is his physical presence the issue here or is it the coninous residency thats the problem ?
 
I have a letter from my employer as proof of being transferred back to a US position as of Aug 1, 2006 which is when I believe my physical presence and continuous residence would start. As of that point I only did short trips to Europe but spent the majority of my time in the US.
I always filed US taxes and also have a letter from my employer that I have been on US payroll and benefits for the last 10 years. During the time in Europe I received my salary in the US.

Back to one of my opening questions, what are the rules behind 3 years of continuous residence = 2 years and 1 day?
 
You can apply right now based on marriage to USC!
I think you satisfied the continuous residence of 3 years, unless any trips after Aug '06 was over 6 months
 
If you spend a year or more outside the US, you can apply 2 years and 1 day after the 1-year trip. So based on that rule you could have applied in August 2008.

The problem with using the 2 year + 1 day rule in your case is that
(1) you still have extensive travel from August 2006 to April 2007, and those trips were right on the edge of a longer absence outside the US
(2) when using the 2 years + 1 day option you can still be required to prove your ties to the US during the 1-year absence (because the 2y+1 rule is effectively about crediting you with 364 days during the 1 year absence).

Those 2 points would mean relying more on the subjectivity and discretion of the IO to give you a favorable decision regarding how those trips affect your continuous residence.

Whereas if you apply in Feb 2010 (3 years minus 90 days after returning in May 2007), those periods of extensive travel would be outside the statutory period and thus would become irrelevant.

So you can apply now and risk getting a grumpy officer who won't interpret your 2004-2007 traveling favorably, or wait 2 months and apply in Feb 2010 so those periods of extensive travel won't matter.
 
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Thanks for the feedback/advice - looks like I am technically eligible to apply for USC now if I want to set myself up for a tricky interview...
 
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