Advice About Applying for Citizenship and Travel

vandeluca

Registered Users (C)
Hi- I just wanted to ask from you experts. My spouse has a GC and I am US citizen. He has his card for 3 years exactly now and could have applied for citizenship 3 years - 90 days. We have not done so yet-just very busy and no real rush but also because I had filed for an extension (October 2012) for our 2011 taxes and I just want to get all of that in before he applies for the Citizenship.

Anyway, my question is this:

Last year his father had passed away after a long illness. My spouse travelled a bit to help with that, funeral, etc. but absolutely majority of time in the US and definitely acquired much more than needed for physical presence in the US to pass physical presence test...

He is the executor if his father's estate and has pretty much not dealt with any of that yet (Because also in this time our child had a rare medical condition that we were also dealing with for the past year, finally better). In addition, he was just burnt out with all the stuff we had going on. Also, he and his sibling have a court case in their home country regarding a land issue.

We want to apply for the US citizenhip for sure, but actually he really needs to deal with some of these pressing issues abroad, especially the Executor Role. It is well overdue. Rather than split our family up, me and our child would accompany him in the other country,and I would maybe home school her for that time period. My other option would be to put her in a local school there for that time period.

It could just take a few months but I guess we would be there from say September 15 for say 4 weeks come back for a 10 days in October; and then go again, and come back home here by Xmas. Of course if needed sooner or for any other reasons (ie biometrics) he could easily return. I should also add that he had applied for a RE permit in 2011 and it would expire in March 2013. He originally got it because his dad was so ill and he thought he would need to be away, but his dad wound up passing away 3 weeks before RE permit arrived, so he never really needed it at all anyway. The longest he was ever away over the past 3 years was maybe 25 days at one shot and that was for the funeral preparation. I know having the RE permit during this will make things look better, but I dont want it(travel) to affect the citizen application.

So, I am asking this since I don't want to 'ruin' anything or make stupid choices upon applying:

*Are you allowed to apply for citizenship and then leave/travel like that or is that frowned upon?

*Would it be ok to apply say in October when we are here for the 10 days and then leave again till Xmas? (this is assuming you cannot apply unless you are physically in the US on the date you apply)

*Would there be any ramifications to me putting her in the local school vs homeschooling based on US school regarding proving his ties here?

* I know that each city is different in terms of timing for citizenship interviews, etc. We are outside of Phila. so I am wondering if anyone can shed light on the timing from the date you apply until you get your interview and explain the travel(or lack of) to me..

* If you do pass the citizenship interview, are you allowed to travel after that but before oath?

Thank you in advance..3 years went by really fast

v
 
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*Are you allowed to apply for citizenship and then leave/travel like that or is that frowned upon?

Travel during the process is allowed, but extended travel is frowned upon. Especially if combined with other evidence of establishing ties in the other country, such as having one's spouse and child(ren) abroad. It creates the impression that one has already relocated abroad and is just applying for citizenship because it's the last chance to do so before leaving the US for good.

*Would it be ok to apply say in October when we are here for the 10 days and then leave again till Xmas? (this is assuming you cannot apply unless you are physically in the US on the date you apply)
It is not necessary to be in the US when the application is submitted. But the applicant must be in the US for fingerprinting, the interview, and oath.

* If you do pass the citizenship interview, are you allowed to travel after that but before oath?
Yes, but the travel must be reported on oath day. Depending on the purpose and length of travel, they might remove one from the oath so they can review the travel situation in more detail, after which they'll decide on another oath date or deny the application altogether.
 
Thanks for answering... I know it is sort of tricky so I am sort of unsure what to do. Perhaps we should have really applied 3 years -90 already.....Or maybe we should do this travel later (ie January) after Xmas and do all applying in the next 2 weeks. It's just to the point where it (executor stuff and other unfinished biz) just needs to get started YESTERDAY and quite frankly we don't want to split our family up.

I guess I just need to find out the timeline (projected) to see the process and how long it may take and decide if it is workable with the above-mentioned idea.

I wonder what 'they' consider extended time...

Something else I forgot to mention is the fact that I am also a citizen of his birth country..that I am sure will not help them deciding on 'ties' (wrongly perceived or not) since in essence we are both to 'close' to both countries:)...I had lived there for almost 2 decades before....so I am dual. I just thought of this piece.

We have more ties here (US) because we own a home that we rent out (in another state) and we rent here in the NE, have car here, bank, taxes, etc etc. I just realized another 'strike 2"..lol. The car is in my name only....Only because when we bought it he had not been given his SS # yet...and we'd had financed it. I guess they will not like the court case thing either or the executor because it involves assets abroad..Ugg!

Amazing what you have to think of just because 'they' may interpret incorrectly~! I may call my immigration attorney just to get a sense of things. She's really spot on...

Thanks again for your help...If you think of any other insight please chime in.. It is appreciated. I have been reading this board off and on for a few years and you've always been helpful.
 
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He'll have a better chance of approval if he applies a few months after having returned to the US after the end of the extensive travel, as long as he doesn't spend 6 consecutive months outside the US, and the total time for these upcoming trips isn't too great (preferably under a year).
 
Thanks..Yeah I get it. I think I am going to see if we can wait till after Xmas for the extended travel and apply as soon as we can now...for the citizenship. That give us 3 months to hopefully get an interview...I just don't know how long the wait time is in Philly.

As I said my extended travel means gone for 30 days back for a week. Then gone for 30 and back for 3 weeks or so..Extended compared to our previous patters but by no means 6 months...Most outside would be 30 days but it would be back and forth....Don't know whaty they consider extended:)


He'll have a better chance of approval if he applies a few months after having returned to the US after the end of the extensive travel, as long as he doesn't spend 6 consecutive months outside the US, and the total time for these upcoming trips isn't too great (preferably under a year).
 
.I just don't know how long the wait time is in Philly.

Philly seems to be one of the faster district offices, an average of less than 4 months for the whole process.
You can get a better idea for the length of time between each step in Philly from this site:
http://www.trackitt.com/usa-immigration-trackers/n400

Select Philadelphia, PA from the USCIS District Office dropdown at the top, you can then sort by column by clicking.
 
Thank you..How did I luck out...I will check that...

Too bad the rules are so difficult at times. My atty once told me 'They don't make rules for the family at heart so you just have to work your life around their rules somehow"...

THanks again..

Philly seems to be one of the faster district offices, an average of less than 4 months for the whole process.
You can get a better idea for the length of time between each step in Philly from this site:
http://www.trackitt.com/usa-immigration-trackers/n400

Select Philadelphia, PA from the USCIS District Office dropdown at the top, you can then sort by column by clicking.
 
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