Can I file N-400 during expat assignment

S

sbarhate

Registered Users (C)
:mad:I will be going to Germany for 2 years expat asignment from 10th August. But I will be eligible to apply on 11th March 09. My family is going to stay in US and I will have my rental apartment, car and other ties to US. I will be on the role of Michigan office and will be paying Michigan taxes.
In this situation can I apply for N-400 application?

Company has applied for N-470 and I-131 Forms last week. What other precautions I should take? I want to plan in advance and take necessary steps while I am travelling abroad.

Please advise.

Thanks

Sbarhate
 
sbarhate said:
:mad:I will be going to Germany for 2 years expat asignment from 10th August. But I will be eligible to apply on 11th March 09. My family is going to stay in US and I will have my rental apartment, car and other ties to US. I will be on the role of Michigan office and will be paying Michigan taxes.
In this situation can I apply for N-400 application?

Company has applied for N-470 and I-131 Forms last week. What other precautions I should take? I want to plan in advance and take necessary steps while I am travelling abroad.

Please advise.

Thanks

Sbarhate
Click to expand...

Don't stay outside USA for more than 6 months!! Be aware you cannot apply for N400 from Germany. You have to apply in usa. Best advice: trust Triple citizen's advice.
 
I would not apply for N-400 while you are abroad. I was abroad for six years as a dependent of the US military and while my continuous residency was not broken due to military orders I still had to fulfill 18 months of actual physical presence once I came back to the US. I am not sure if the N-470 preserves both continuous and physical presence requirements. Also I believe the N-470 has a max validity of two years, again call USCIS to verify. If you are working for the government you might be eligible for expedited citizenship in which case you can apply from abroad, but have to fly back to the US for interview and oath. I was offered that option while I was overseas, but I could not take advantage of it, because of my spouse's frequent deployments while we were overseas and also the high amount of travel expenses. Finally we were in Germany too, and instead of calling USCIS from there should you have any questions call the US Consulate in Frankfurt. Those guys are friendly and know their stuff. I tried calling USCIS once from Germany and the lady on the phone tried to tell me I was not even a GC holder anymore because of my long absence. She would not even listen to me trying to explain to her that I was a military spouse on government orders. When I called the Consulate they clarified everything and told me exactly what to do in a very friendly manner. My guess is they employ actual immigration officers, while the 1800 USCIS line employs regular people that just read info of their screen and if the questions don't not fit A, B or C they don't know what to say.
 
Last edited by a moderator:
GC:06/08/04
N-400 eligible : 11th March 09 (90 days priore)


I must explain the situation more clearly. I have finished 48 months of Physical stay in US after my GC. I had theee trips to India and was only 70 days outside US. I am eligible to apply for N-400 in next 7 months. My family will travel along with me on 10th August and we will return on 20th Dec 08. Then my family will stay here in US and I will be making trips back and forth for an application, FP, Interview and Oath. Germany is not far away and company has already approved my travel plan for Citizenship process. Now do you still feel that I will have an problem?

Our company has tremendous grown in Europe and it is good for me to go there career wise. Otherwise Auto industry in Detroit is not doing good right now. I have already signed all documents. Now I have no other option right now. I can take all necessary precautions in next one year. Collect evidence etc...

Please advise.

Thanks

Sbarhate
 
If you get the N-470 approved you should be OK, except maybe for the physical presence. I understand the approved N-470 will cause your time outside the US to be counted towards the physical presence requirement only if the employment is for the US government or military (or contractors thereof).

Remember that the physical presence is counted for the 5 years prior to filing the N-400 (and counted again for the 5 years prior to the interview), so spending too much time outside the US could cause you to violate the physical presence requirements in the 5-year lookback period, even if you have 10 years of physical presence since GC approval. However, if you are interviewed within a year you should not have a problem, as in your case you'd need to spend over 2 years outside the US to break the physical presence requirement. But you still need to be in the US to give fingerprints, and again to be interviewed.
 
I did all calculations. Even if I get interview call after 2 years, I will still meet 2.5 years of Physical presence requirement. (when looked back at that time). I have approved travel from US company (4 trips application, FP, interview, and oath). Germany is not far away. With a shart notice I can fly to Detroit and there are plenty of flight options.

Any body have similar experience or know any case? Please advise.

Thanks

Sbarhate
 
You absolutely need that N-470 - don't leave home without it!
Once you have that and a reentry permit, you are good to go, as long as you fly back for FP, Interview, Oath etc.
 
Company has already applied for N-470 and I-131 last week. But I have not received notice for fingerprinting? Shall I wait till figerprinting?

Why I-131 is required? I am not going to stay more than 180 days outside. Rather it will create wrong impression to USCIS that I am not staying in US but outside US. I may get question for 90 day residency requirement.

Please advice.

Thanks.
sbarhate
 
sbarhate said:
Company has already applied for N-470 and I-131 last week. But I have not received notice for fingerprinting? Shall I wait till figerprinting?

Why I-131 is required? I am not going to stay more than 180 days outside. Rather it will create wrong impression to USCIS that I am not staying in US but outside US. I may get question for 90 day residency requirement.

Please advice.

Thanks.
sbarhate
Click to expand...

You definitely won't be questioned on the 90 day residency requirement as long as you keep/return to the same US address.

I-131 is optional given your circumstances of not being away >1yr.
 
How much time it takes for N470 approval? Do I need to wait for approval before I can apply for N-400 application?
 
N-470 approval can take a few months. You don't need to wait for the N-470 to be approved to file N400. But for it to be fully useful to you, it needs to be approved before the interview.
 
Hello all I have a similar question.

I have completed my fingerprint on July 14th 2008 and waiting for my IL. I have obviously completed five year residence as required in July. From Oct 2008 I may be on an expat assignment travelling back and forth to US for Interview and Oath as needed. I am trying to avoid it as much as possible but wanted to have some information if I do need to make a decision. I am hoping my IL comes before that. Assuming IL does not come before that what precautions do I need to take?
 
aronline said:
Hello all I have a similar question.

I have completed my fingerprint on July 14th 2008 and waiting for my IL. I have obviously completed five year residence as required in July. From Oct 2008 I may be on an expat assignment travelling back and forth to US for Interview and Oath as needed. I am trying to avoid it as much as possible but wanted to have some information if I do need to make a decision. I am hoping my IL comes before that. Assuming IL does not come before that what precautions do I need to take?
Click to expand...

hmm...i did that (for the most part).

started process in april. took prints in may...interview scheduled for end of july. I left the country in june to begin my expat assignment- was gone for over a month...returned a week before my interview- didn't mention anything about my company being taken over, and technically, my paychecks simply said *original co- a subsidiary of new co*, i didn't bother mentioning it. they didn't ask why i was gone for over a month...nor did they care...

you should research how long your office takes to interview/fingerprint etc...but i'd say for the most part- no need to mention it ...esp. if you don't leave til october...
 
thanks for sharing the info. any other things to watchout from forum experts would be appreciated.
 
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