Citizenship question

G

gcwaitforever

Registered Users (C)
Hi,
My wife went to citizenship interview today and the interviewer kept her application pending . The details of the case are as follows

She has had the GC for more than 10 years and has taken several trips of 2 or more years outside the country (all with a valid re-entry permit ) .The last time she returned from a trip outside the country for more than 2 years was
Nov 99 .

Returned to US : Nov 99(Immigration official wrote on passport that trip was more than 2 years)
Went Out again : Dec 99
Returned to US:Apr 2000

Has been here since then .We applied for her citizenship in May 04 because it was more than 4 years and 1 day since she returned the first tim(Nov 99 ) .

Is she eligible for citizenship ? What happens to the pending application ? What's the next step for us ?

Thanks for any help .
 
4 + 1 rule in my understanding is if you return within 2 years. If you stay over 2 years then Im unsure if this rule applies. I would have applied a full 5 years after my last long trip back.
 
Guide to Natz Page 26
"What if I was out of the US for 1 year or longer ?"
Ans: "Fortunately if you return within 2 years some of the time out of the country does count ... 1 year minus 1 day ..."

I would double check eligibility.....
 
Thanks Guys. Is it the local office which has jurisdiction over the pending applications ? How long will the application be pending ? Is there anything we can do to speed up the processing ? Thanks again
 
Local office delayes your cases the most. Most of the work (interview scheduling, oath) is done by the local DO.

How Long ? : God knows!! Its dependant on each case! The published reports must give you a rough idea

Speed up processing : If your namecheck is pending or some evidence is then yes you can, if you are waiting in line for other applicants to be served - then NO you cant do anything
 
gcwaitforever

Maybe, you want to say that your wife applied in May/04 after 4 years and 1 day of her last return to the USA: April 2000.

Now a question. During the interview, was she asked for her Tax Returns?

Thank you.
 
Since we already applied I don't think we can change the dates , can we ?
Anyway , I submitted IRS1722 documents with the application . She was not asked for the tax papers again .
Thanks for your reply
 
Please, keep us informed

Regarding your question, your wife doesn't need to change her dates in her application. I just was claryfing the 4y +1d rule.

My wife has a similar situation. She has had the green card for 10 years. She will apply for the citizhenship in May 05. It's 4 years and 1 day after her last trip that lasted more that one year: exactly 2 years and 2 months. She had a valid re-entry permit, too. Although, the immigration officer didn't asked for it at the POE.

In my case, I got the approval of the Visa V. Later, I changed my status to LPR.

Thank you.
 
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