I am a Green card holder since 2005 but did not stay continuously in US, as I was pursuing my education. I took reentry permit twice, once in 2005 and another time in 2007. I maintained my Green card status all throughout by not making trips of more than 1 year, without reentry permit.
My stay in US is :
2005 : for 3 weeks
2006 : for 5 months
2007 : 2 weeks
and 2010 Feb till present and planning to stay continuously now.
Overall, I have not stayed for long in US in past 5 years.
My questions are :
1) Since I was out for more than one year in 2007 (with a reentry permit) and came back in 2010, (before it expired) , has my naturalization clock started afresh? Do I need 4 yrs and 1 day or 4 yrs and 9 months, to apply for naturalization?
2) I recently married an L1B visa holder, who has already stayed in US for 4 years. His visa is valid for 1 more year. ( till 2011) . Can I file his I-130 application now? Can I file I-485 also along with it or we have to wait for the priority date to become current?
3) If I file his I-130 application, what do I fill in the answer to question 22 :
"Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: ____________ (city) ________________ (state)
If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in: ____________(city) ___________________ (state)
NOTE: Designation of a U.S. embassy or consulate outside the country of your relative's last residence does not guarantee acceptance for processing by that post. Acceptance is at the discretion of the designated embassy or consulate."
As of now, my husband is in US, but after 4 years, when the priority date becomes current, he might be in US or in India. We are not sure about it as of now. If his employer is willing to send him, he might be in US or else in India. Can we fill in both options in this case?
For eg. If he is in US at that time, we will do AOS in Chicago , else in India.
Please help so that we can file the application asap.
My stay in US is :
2005 : for 3 weeks
2006 : for 5 months
2007 : 2 weeks
and 2010 Feb till present and planning to stay continuously now.
Overall, I have not stayed for long in US in past 5 years.
My questions are :
1) Since I was out for more than one year in 2007 (with a reentry permit) and came back in 2010, (before it expired) , has my naturalization clock started afresh? Do I need 4 yrs and 1 day or 4 yrs and 9 months, to apply for naturalization?
2) I recently married an L1B visa holder, who has already stayed in US for 4 years. His visa is valid for 1 more year. ( till 2011) . Can I file his I-130 application now? Can I file I-485 also along with it or we have to wait for the priority date to become current?
3) If I file his I-130 application, what do I fill in the answer to question 22 :
"Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in: ____________ (city) ________________ (state)
If your relative is not eligible for adjustment of status, he or she will apply for a visa abroad at the American consular post in: ____________(city) ___________________ (state)
NOTE: Designation of a U.S. embassy or consulate outside the country of your relative's last residence does not guarantee acceptance for processing by that post. Acceptance is at the discretion of the designated embassy or consulate."
As of now, my husband is in US, but after 4 years, when the priority date becomes current, he might be in US or in India. We are not sure about it as of now. If his employer is willing to send him, he might be in US or else in India. Can we fill in both options in this case?
For eg. If he is in US at that time, we will do AOS in Chicago , else in India.
Please help so that we can file the application asap.