Citizenship application through US spouse even though green card obtained through employment...

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screwedupcase

Registered Users (C)
Hello,

I am a Green Card Holder since 2001 and have been married to a US citizen since 2003. I had obtained my green card through my employer and would like to apply for a US citizenship now through my spouse (so as to be eligible for the 3 years, 18 months residency clause instead of 5 years, 30 months).

I have traveled out of the country 4 times (4 to 5 months each time for personal reasons).


If I can effectively show my 18 months stay in the past 3 years, can someone comment if there are any problems with my particular case, especially since I obtained the green card through employment and am applying through spouse being a US citizen?

Expert comments will be very much appreciated!
 
screwedupcase said:
I have traveled out of the country 4 times (4 to 5 months each time for personal reasons).
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How many of those trips were in the past 3 years? Were those trips back-to-back, or separated by several weeks or months? Did your USC spouse remain in the US when you were going on those trips?

If those trips were all in the past 3 years, you gain no advantage by using the 3 year rule (unless there are other issues you have 3-5 years ago), so it would be simpler and safer to use the regular 5 year rule so you don't have to prove anything about your marriage (other than the formality of showing the marriage certificate).

If I can effectively show my 18 months stay in the past 3 years, can someone comment if there are any problems with my particular case, especially since I obtained the green card through employment and am applying through spouse being a US citizen?
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18 months of physical presence is just once piece of the puzzle. You also have to satisfy continuous residence, which may be a problem to do if your trips were back-to-back.

Note that for using the 3-year rule, it doesn't matter how you obtained your GC. If anything, having obtained your GC through a route other than marriage might be better for you, since that means they won't suspect your marriage was just for the GC.
 
You can choose either route. They will ask for more documentation if you file under marriage, but given that you are married for 7 years, I do not think it should be a big issue.
 
Thank-you for the replies. Here's some more information about this particular case:

1. There were 3 trips which lasted 4 to 5 months duration each outside the US.
2. In a way these trips were back-to-back, but whenever I returned to the US, I stayed over for 1 month, 2 months, 2 months respectively for these 3 trips.
3. My USC spouse was with me on these trips outside the US.

Considering all these, what are the odds for me applying with the 3 year, 18 month clause and not getting rejected? Also, any advice on how to satisfy the "continuous residence" clause more effectively for this particular case would be very much appreciated!
 
Depends on when these trips were. If they were long time back, they are not an issue. If these 3 trips are within these last 3 years, you have a problem.

Did you maintain a residence during your absences?
 
Hey, that was a quick reply, thanks!

1. Please find below in the table the dates as per Part 7C of N-400 when I was out:
08/08/2010 11/23/2010 NO INDIA 107 days
01/20/2010 06/08/2010 NO INDIA 139 days
06/05/2009 11/21/2009 NO INDIA 169 days
12/03/2008 05/01/2009 NO INDIA 149 days

2. As you see from the table above, I am going to apply only sometime in 2012 (depending on how bad the case looks because of point no. 1 above) as I plan to be back to the US by Nov 2010 and stay in US for the entire 2011.

3. I paid credit card bills, regular taxes for all years and maintained all banking and investments in the US.

4. I did not have a residence of my own (no rent or mortgage bills to show).

Is there any hope to get naturalized with all these messed up statistics? What should be the earliest date I should even consider applying in your opinion? Once again, thanks for the wonderful counsel!
 
Personally, I think you are fine to apply after three years with your USC wife, the worst thing that will happen is return of your application for ineligibility or denial and be told to wait additional time to re-apply which is better than administering yourself a denial verdict even before applying. None of your trips violated your residency status and your trips were not back to back because you came back each time and spent at least a month before travelling again all the while maintaining abode here.
Here is a thread where the OP mentioned that his wife was in India for 11 months (which clealry violates the residency status) before filing her N400 and had no isues at the interview. These things are also discretionary depending on the interview officer one gets; http://forums.immigration.com/showt...s-on-green-card-then-apply-for-US-citizenship
 
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screwedupcase said:
Is there any hope to get naturalized with all these messed up statistics? What should be the earliest date I should even consider applying in your opinion? Once again, thanks for the wonderful counsel!
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Unlike jayoa, I would recommend waiting and then applying. The first hurdle you need to clear is the physical presence. Assuming you apply in November 2010 (on your return), you need to show 18 months of physical presence starting November November 2007. Within this period of about 1095 days, you are away from US for 564 days. That is more than 18 months away. You will be rejected, no doubt. You need to apply when you have sufficient physical presence in the previous 36 months ... unless you now want to apply under 5 year rule where your numbers are better as of now.

Not having a residence is a serious problem. Will the IO ask? Do not know. But if the IO asks, it is very hard to justify it.

Your last US stay in June was good - 2 months ... not just a few days. The subsequent trip only 3.5 months. On paper it looks good. So does the previous stay in US from Thanksgiving to January. I think if you started your calculations from beginning of 2010 and go till end of 2012, it will present a good picture. However, if you want to take a shot and apply earlier, you can do that. You need to assess the risk and then decide accordingly.

A safer approach might be to apply 18 months after returning to US ... 18 months is a long time for CIS to think that you are living abroad, it definitely meets your physical presence requirements, and the continuous residence issues will be so far back that they may not raise a fuss.
 
screwedupcase said:
Hey, that was a quick reply, thanks!

1. Please find below in the table the dates as per Part 7C of N-400 when I was out:
08/08/2010 11/23/2010 NO INDIA 107 days
01/20/2010 06/08/2010 NO INDIA 139 days
06/05/2009 11/21/2009 NO INDIA 169 days
12/03/2008 05/01/2009 NO INDIA 149 days
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The 3-year rule allows a max of 548 days out, and you are over that.
You are not eligible to apply with the 3 year rule, until sometime in early 2012 when part of that trip from 12/03/2008 - 05/01/2009 falls outside the 3 year lookback window.

However, with the 5 year rule you are far below the max of 913 days out. So your physical presence with the 5 year rule is not a problem. Then it's just a question of whether the IO will consider the collection of trips to have broken continuous residence. I would recommend applying in mid-2011 (technically you could apply this year, but for evaluation of continuous residence it looks worse if you apply immediately after returning from a long trip or series of trips). No guarantee that you'll be approved in 2011, but your chances would not be terrible either.
 
screwedupcase said:
Hey, that was a quick reply, thanks!

1. Please find below in the table the dates as per Part 7C of N-400 when I was out:
08/08/2010 11/23/2010 NO INDIA 107 days
01/20/2010 06/08/2010 NO INDIA 139 days
06/05/2009 11/21/2009 NO INDIA 169 days
12/03/2008 05/01/2009 NO INDIA 149 days

2. As you see from the table above, I am going to apply only sometime in 2012 (depending on how bad the case looks because of point no. 1 above) as I plan to be back to the US by Nov 2010 and stay in US for the entire 2011.

3. I paid credit card bills, regular taxes for all years and maintained all banking and investments in the US.

4. I did not have a residence of my own (no rent or mortgage bills to show).

Is there any hope to get naturalized with all these messed up statistics? What should be the earliest date I should even consider applying in your opinion? Once again, thanks for the wonderful counsel!
Click to expand...

My advice for you : DO NOT APPLY based on the 3years rules. Thank you
 
Wow! You guys are like angels in upgrading my immigration related information, please accept my sincere gratitude for such lovely insights. After reading your replies, this is what I am considering, please mock me if I am naive anywhere in the plan of action :)

1. I reach the shores of USA on 11/23/2010 and continue to live there continuously until March 2012 and then consider applying for Naturalization.
2. My wife and I have been volunteering with a not-for-profit organization in India which has taken us away from the shores of USA for such long periods and we wish to continue doing the volunteering work back in the US too.
3. In consideration to point no. 2 above, we don't plan to rent or buy a home even when we are in the US the whole of 2011. This means, no rent or mortgage receipts to show. Will this is a big issue when the officer wants to validate the "continuous residence" clause? I will definitely be in a position to provide credit card, bank, investment, tax statements as an alternative, if it means anything?
4. Would it help the case if I also provide a letter from the not-for-profit organization acknowledging my services during my time of absence in the USA or will it create more problems if the officer reads it as an intent to abandon the country?
5. Lastly, if I apply in March 2012, approximately how much time will it take to wrap up the whole naturalization process based on the current trend?

Thank-you once again for all your replies!
 
If you will be living in US, but not renting or buying, where are you going to live?
It would take between 3-6 months for the process to complete.
Not having rent receipts is ok if you are actually living in US ... passport entry stamps, health insurance, medical insurance, car insurance ... there are lots of things you can show. But still, unless you are putting up with relatives, how will you not have rental or ownership?
 
As you see, my username is not accidentally "screwedupcase". :) Actually, my wife & I are planning to intermittently travel the entire US in the 18 months we will be there, while working on some projects for the not-for-profit organization. So, our stay will be at campgrounds, motels, friends & other volunteers home! Relatives are not a consideration at all, after all who wants them to be at such dangerous proximity, right? :)

So, what about the letter from the organization - will it be useful or painful? And, if I don't have a regular employment, will it matter?
 
Letter - may not mean anything.
Employment - you can be asked to show how you supported yourself.
You will need to lay down roots while N400 is going on. First of all, there is a district residency requirement of 90 days before filing. Secondly, you will need to stay in one place while N400 is going on (at least from maintaining address perspective).

But the bright side is ... even if they have 1000 questions, what can they do? Deny you? Then you stay another 6 months and file the case. Residing in one place is not a requirement for GC holders. The only issue is how much pain (if any) will they give you. Take a shot when you are "clearly" eligible, not "borderline".
 
Great! Sounds like March 2012 should be a good time to set the ball rolling! Thanks for all the feedback guys, appreciate it!
 
My friend, since you are not US citizen, you need to spend more time and pay taxes and work as resident to apply for your citizenship, thats my advice. Everything need sacrifices

Thanks
 
birdlove said:
My friend, since you are not US citizen, you need to spend more time and pay taxes and work as resident to apply for your citizenship, thats my advice.
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OK with spending time, and paying taxes as due. But why work? This is not a requirement of GC, and that too 9 years after GC.
 
Guys,

I think Mr. Screwupcase is hell bent on screwing himself with his travel escapades, which though noble (volunteer), will eventually bring sorrow to his immigration aspirations. I wonder how he and wife intends to meet the residency requirements while living with friends and other volunteers, and living 18 months on the road sound quite nice, only it was realistic and practical. However, he has this entire thing figure and I wish him luck in the travel and saving the planet by volunteering one deed at a time...
 
Hello friends,

I wanted to thank everyone on this thread and the entire forum for providing timely help on any questions I had while preparing for the N-400 application! Based on the help/ hints provided in this thread I was able to complete my process of naturalization today. Here is the timeline:

DO: Newark, NJ
04/18/2012 Mailed to Dallas Lockbox (FedEx)
04/20/2012 Delivery confirmed (Priority date)
04/22/2012 NOA Received by mail
05/29/2012 FP Notice received (scheduled date 06/20/2012)
06/20/2012 FP Done
06/22/2012 Status changed to Testing and Interview (inline for scheduling)
07/02/2012 IL received (scheduled date 08/02/2012)
08/02/2012 Interview: Approved; Oath: Completed :)
 
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