Swani said:
First of all thanks to Rahul for a prompt reply.
Could someone shed some light on the scenario where someone violates the Physical Presence Requirement (stays more than 30 months out of USA during last five years) or the Continuous Residence Requirement (stays more than continuous six months out of USA) during eternal wait for the Oath after passing the Naturalization Interview.
The reason I am asking this is because I am getting married in my native country in the near future, since I won’t be able to bring my spouse in a short period of time to USA as very long processing time is involved for Permanent Residents, so I have decided to stay in my native country after getting married.
Luck is not really on my side since I have been outside of USA on extended trips during the last five years and disruption in the status is highly likely the way things look as people have been waiting for as far as year 2000 to get this Name Check taken care of.
Any comments or suggestions on my situation are welcome
Well according to the INS web site, one of the first requirements includes: a period of continuous residence and physical presence in the United States; therefore if you are not in the U.S you may be denied citizenship until you are in the U.S for the required period, and about your next question while waiting for the Oath, I suggest that you should not leave the country, the USCIS officer that interviewed me had told me that I should stay in the country while waiting for the Oath.
About your spouse if you become American, you can apply for K3 visa which only takes 3-6 month to be approved, and about the people that have been waiting for name check since 2000, the only reason the name check will take that long is if they have done something wrong ex. Got in fight where police and court was involved or sell illegal drug or had a felony on their record…ect, or simply their file was lost, and by the way the name check for N-400 started some times in 2002, so if some one is still waiting for the name check it would be because they applied for a visa to enter the U.S or had applied for a federal job, I hope that answered your question, and here is some of the requirement that you ought to have to become a U.S citizen
• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write, and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States.