Can you leave the country while your I-751 is being processed? Also citizenship question

A

Antrim

New Member
Hi everybody.

I'm European and my wife is American, born and raised in the US. We got married on July 2011 and I received my GC on November 2011, so it expires on November 2013, which is 5 months from now. I know that we need to file the I-751 during the 90 days before my GC expires in order to receive another one. However, I've read that this process can take up to a year. Me and my wife are seriously considering the possibility of moving to the UK shortly after November 2013, so how would it affect us if we were out of the country while the I-751 is being processed?

And my second and last question: what about citizenship? As far as I know, it requires 3 years of being married to the American citizen. What if we move to the UK before the 3 years are over, would I have to start over from scratch if we moved back to the US? Or as long as you're married to that person, it doesn't matter where you've been living?

Thanks!
 
You need to be the in US to give biometrics (fingerprints & picture) for the I-751; this would be about 3-5 weeks after filing the application. Apart from that, you can be outside the US during the I-751 process, subject to the usual restrictions placed on green card holders (normally more than 12 consecutive months outside the US will result in your green card being cancelled, whether before or after I-751 approval).

To preserve your green card for up to 2 years while you're in the UK, apply for a reentry permit with form I-131. Note that you must be inside the US when filing the reentry permit application, including when USCIS receives it, and you must show up for biometrics a few weeks later but after that you can leave while the application is pending. If you apply for both the I-751 and reentry permit at or around the same time, you can get the biometrics for both done on the earlier appointment day of the two if you have both appointment notices in your hand. Note that the reentry permit will not preserve your citizenship eligibility.

Spending 6 consecutive months outside the US will generally delay your citizenship eligibility (for marriage-based naturalization, that delay would be until 2 years and 1 day after your last long trip outside the US). You also have to meet the physical presence requirement (at least 18 months total within the US in the previous 3 years before the filing date).

Don't forget that as a green card holder you have to file US tax returns to report your worldwide income, and your wife has the same obligation as an US citizen. This doesn't mean you have to actually pay US taxes, as there are treaties and exemptions and foreign tax credits that can be used to reduce or eliminate the US taxation of non-US income. But you're still supposed to report the non-US income.
 
If you or your wife is going to the UK because of working for a US corporation, government agency, or recognized international organization of which the US is a member (e.g. NATO, UN), you may have options for citizenship that won't require waiting 2 years and 1 day after you return. Let me know if that is the case and I'll explain in more detail.
 
Thank you for your answer.

No, neither me or my wife would be working for a US corporation, agency or recognized international organization. I work for a friend of mine and could keep working for him from the UK, but I doubt a small American business qualifies as US corporation.

So basically, I would have to be in the US for the biometrics, and also I could never be out for longer than 6 months. It's not a convenient situation for me, but I guess we'll have to have patience and stay for one more year until I can start the citizenship process. It just seems like a waste to be so close and not get it, and since there's a chance we would live in the US again in the future, I guess it's a no brainer.

Let me ask you one more question: as far as I know, I can apply for citizenship after 3 years minus 90 days since I'm a resident. Since I'm a permanent resident since November 2011, that would put me in August 2014, so almost exactly a year from now. How long do you think the whole process, from application until oath, will take? I've read several things, from 3 months, to 6 months to a year. I'm a Euro citizen and my Green Card came really fast when I applied for it (exactly 3 months after I applied for AOS), if that makes a difference. Someone else in another forum has said that I could expect to be a citizen by February 2015, but I'd like to hear as many opinions as possible.
Also, would it be possible to apply for citizenship, and then leave the country while the application is being processed? Assuming of course that someone will check my mail to know the dates of the appointments, and that I'd be back for them (I think only the civics test and oath, which may happen in the same day from what I've heard).

Thanks!
 
Antrim said:
It's not a convenient situation for me, but I guess we'll have to have patience and stay for one more year until I can start the citizenship process.
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You're required to be residing primarily in the US during the whole citizenship process. That doesn't mean you're physically stuck in the US the whole time; you're still allowed to take vacations and short business trips, but a long-term relocation to somewhere outside the US would seriously jeopardize your naturalization prospects.

Let me ask you one more question: as far as I know, I can apply for citizenship after 3 years minus 90 days since I'm a resident.
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Correct, you can apply 90 days before the 3-year mark but you can't actually become a citizen before completing 3 full years.

How long do you think the whole process, from application until oath, will take? I've read several things, from 3 months, to 6 months to a year.
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These days it's generally 3 to 6 months. However a small percentage of people wait for more than a year and some have to resort to court or Congressional intervention to get their case completed.

I'm a Euro citizen and my Green Card came really fast when I applied for it (exactly 3 months after I applied for AOS), if that makes a difference.
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That doesn't make a difference. They just happened to process yours quickly, and that's not an indication they will also process your naturalization quickly.
 
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I-751 to be filed with 3 weddings out of the country

My husband's green card is expiring on 02/14/14 and we're planning to send in the I-751 packet around November 2013. I've been reading that the whole application process takes at least 6-9 months. Amazingly, our bestfriends are all having destination weddings in 2014. Philippines by March 2014, London in July 2014 and Cancun in September 2014. So technically, 2014 is supposed to be travel year for us. Does this 6-9 months application mean that we are stuck in the USA and not allowed to go anywhere? This will make me one sad maid of honor and him a very depressed best man :(

Is there anyway to speed the whole process up? Or can we get a temporary visa stamp so we can travel while the I-751 is still being processed? *Fingers crossed*
 
See answers below.

Rianne said:
Does this 6-9 months application mean that we are stuck in the USA and not allowed to go anywhere? NO. you get an automatic one year extension when you apply so you can travel to your hearts content This will make me one sad maid of honor and him a very depressed best man :(

Is there anyway to speed the whole process up? NO; just fill out the forms correctly and submit enough evidence so you hopefully don't get an RFE Or can we get a temporary visa stamp so we can travel while the I-751 is still being processed? You get an automatic one year extension when you apply so you can travel to your hearts content*Fingers crossed*
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