Awkward N400 scenario

P

petesavva

Registered Users (C)
First of all I would like to say thank you for having this awesome forum online.
The information and people are extraordinary.

Here's my awkward scenario.
I became a legal resident in 12/2003.
Between then and today, I was divorced (not by choice).
I have not been outside the US more than 30 months in the previous 5yrs and all my taxes had been filed properly.
The awkwardness starts here:
1. The last two yrs, I was back in school and my returns show almost no revenue.
2. My fiancee (American) and I, moved to the UK for work in May.
I am an Airline pilot and the industry is still alive on this side of the pond, so we opted to come out here until the industry improves back home.
I am planning of flying back home to file the N400 in the coming weeks (so I don't exceed 6 months)

Did I shoot myself in the foot by moving to the UK or is this going to hinder my chances on getting the Citizenship.
We are also getting married this year and are planning on starting a family.

thanks in advance.

P
 
By stating that you moved to UK with US fiance in May 2008 would suggest a break with US residency ties. Is the airline you are working for a US company? If so, you may be able to file N-470 to retain continuous residency requirement.
 
...

well the company is a training provider for companies and it is a branch of a US corporation, yes.
But, would I need to do it, as I am within my 90 days of the 5th anniversary.
Couldn't I just file the N400 immediately?
 
You can apply now (up to 90 days before 5th year anniversary), but by moving to the UK you want to make sure that you retain US residency requirement up until the oath date.
 
That's that can be up to 6 months away can't it?
If I go back and file that N400 that should allow me to be gone another 6 months (theoretically) correct?
 
so just a quick recap if you don't mind...

Option I
I head back in the next few weeks, file the N400.
Fly to the UK
Go back home to do the fingerprints.
Fly to the UK
Go back home for the oath.
That should theoretically keep me legal.

Option II
Fly home to file the N400 and N470
Then the rest the same...
 
In order to file, you must have been a resident for at least 90 days in the district area where you intend to file. I assume you still have a physical address in US where you live?

As for returning to US every few months to beat the 6 month presumption of continuous residency break, this pattern will weaken your case that you did not intend to abandon US residency ties.
 
Business ownership in the US is a plus when it comes to showing US residency ties, as well as filing taxes and US mortgage/rental receipts.
What was your travel pattern the previous 5 years (prior to moving to UK in May).
 
PR 12/2003

Overseas 05/05/04-05/31/04 26 days
Overseas 03/09/05-03/23/05 14 days
Overseas 05/28/06-08/04/06 67 days
Overseas 05/29/07-11/08/07 162 days
Overseas 11/20/07-01/03/08 43 days
Overseas 05/06/08-Present 124 days
Total 436 days in the last 5 years (30 months max)

I also just received an email from HR saying that the company is a subsidiary of the US company but UK registered.
 
thank you.
this look like it's written if my spouse is the one with job overseas, though.
at this point i am the one with the job. she's tagging along for the ride as she kindly puts it.
 
petesavva said:
thank you.
this look like it's written if my spouse is the one with job overseas, though.
at this point i am the one with the job. she's tagging along for the ride as she kindly puts it.
Click to expand...

Well, I thought that it might apply to you. You never know.
 
here's what i'm thinking of doing. let me know if there's a possible screwup.

i'll have my company draft an affidavit for the N470 (anyone have a sample?)
then i'll mail both the N470 and N400 when i'm back home.

that should theoretically cover me from all angles, don't you think?

i'll just fly back and forth for all other steps

***************************
i'll see if they'll also give me a leave for a couple of months to get this whole thing sorted out.
 
petesavva said:
1. The last two yrs, I was back in school and my returns show almost no revenue.
Click to expand...
No problem, unless the school is outside the US.
2. My fiancee (American) and I, moved to the UK for work in May.
Click to expand...
That's a big problem. Working overseas for several months is a big no-no where naturalization is concerned, unless you can get an approved N-470.

I am an Airline pilot and the industry is still alive on this side of the pond, so we opted to come out here until the industry improves back home.
Click to expand...
Bad idea if you want to obtain US citizenship, because it could take years for the industry to recover.

I am planning of flying back home to file the N400 in the coming weeks (so I don't exceed 6 months)
Click to expand...
You have to maintain residence up until the interview and oath. Your interview probably will be more than 6 months after filing the N-400.

Did I shoot myself in the foot by moving to the UK or is this going to hinder my chances on getting the Citizenship.
Click to expand...
Yes you are definitely risking denial of US citizenship. There is no guarantee of denial, as anything can happen, but you are putting yourself into that gray area where you have to depend on a favorable interviewer. The more months that pass between now and the interview, the more time you accumulate outside the US, and the more it looks like you really are breaking continuous residence.
 
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