Got my GC about 5 years back from my employer. Have maintained residency in CA for the last 10 years(file taxes,not been out of the US for more than 6 months, husband lives here). Last 2 years have been working in India. Have decided to move back, my company will be able to transfer me to their Seattle office. Do i need to wait 3 months before applying for citizenship in Seattle state or can i use my CA address (where my husband resides) to file for citizenship? I am searching for a job in CA, but not sure, when that would happen, given the current market conditions.
Husband in CA, moving to Seattle from India, which state do i apply in?
- Thread starter ppobox74
- Start date
Triple Citizen
Registered Users (C)
Since you have been working in India for 2 years, did you apply for N-470 (Application to Preserve Residence for Naturalization Purposes)? Any trip longer than 1 year or staying outside USA more than one year will absolutely disrupt the continuous residence and immediately disqualify you (unless N-470 is filed). I feel in your situation you may be better positioned to wait until you have 5 good years of residence before you apply. I think 4 years 1 day rule can be used -- I am not sure. Wait for other answers from experts like Bobsmyth.
Jackolantern
Registered Users (C)
Without an N-470, the "come back every 6 months" is still likely to cause a denial because it's been going on for 2 years with only short stays in between each trip. They look at the whole pattern of travel, not just the single longest trip.
Still, it helps that your husband stayed in the US when you were gone.
In order to avoid waiting 3 months, you need to return to the same state/district that you were in before you left. So if you move to Seattle, you need to wait out the 3 months. But even if you go back to California, it is still a good idea to wait 6-12 months anyway, because applying immediately after a long series of trips increases the chances of denial. After those long absences, they like to see some signs that you are still dedicated to living in the US, and staying for several months helps to create that impression.
Still, it helps that your husband stayed in the US when you were gone.
In order to avoid waiting 3 months, you need to return to the same state/district that you were in before you left. So if you move to Seattle, you need to wait out the 3 months. But even if you go back to California, it is still a good idea to wait 6-12 months anyway, because applying immediately after a long series of trips increases the chances of denial. After those long absences, they like to see some signs that you are still dedicated to living in the US, and staying for several months helps to create that impression.
One question i have on N-470. Lot of people have advised against applying for the N-470 as that means you are leaving the US and that breaks the 5 year residency rule. Is it true, that after you apply for your N-470, you have to stay for 4 years and 1 day to apply for naturalization?
Jackolantern
Registered Users (C)
The opposite is true. The N-470, if approved, preserves your continuous residence for naturalization purposes while you are overseas for employment purposes.
But it is too late for that now. The N-470 is not applicable to trips you have already taken before applying for it.
What people advised against applying for N-470? An approved N-470 is used to preserve 5 year continuous residence rule when working for a US based company overseas.
4 years + 1 rule and N-470 are two separate things..you don't need to wait 4 years + 1day to apply for naturalization after you apply for N470.
As mentioned this is a big misconception. Visiting for a short time every 6 months does nothing when you are residing abroad like that. All this does is show the IO that you have intended to cheat the system by saying "hey look at me I came back on US soil just to not break my residency", while you are not residing at all in the US...
Since you don't have enough physical presence in US, you would have to stay at US for sometime before you can apply for N400.
There are 2 routes to get citizenship :
1) based on married to USC or
2) based on 5 years of presence in US as LPR (Green Card holder)
If your husband had USC, you could have taken either of the two routes. The wait for marriage route is shorter (3 years).
There is another 4 year + 1 day rule (for long long stay out of US) http://forums.immigration.com/showthread.php?238302-4-years-and-one-day-rule-please-clarify
I guess, in your case, you need to take a transfer to Seattle. Moce to CA when you want to.
Then after 4 years and 9 months since you arrived at Seattle, apply for N400. Make sense?
I am not sure i understand. I have lived in the US for 3 out of the last 5 years. Unfortunately, i had to leave US for some time due to both professional and personal reasons, but i never intended to move my residence.. .My husband still lives in CA, so not sure, why i would have to wait 4 years and 1 day after moving to Seattle. I can understand that i would have to live in Seattle or CA for 3 months before applying for N400 but not sure, why 4 years and 1 day.. Please clarify
the continuous residency requirement is broken when you live outside US for longer than 6 months. N-470 is to preserve continuous residency requirements though you may not be physically present in US. You can apply for citizenship now but what members of this forum are saying is that it is likely that citizenship may be denied since you have been living outside US for past two years and been in US couple of weeks every 6 months. Please read M-476 (page 18). The requirement is that you be legal permanant resident for 5 years and no trips longer than 6 months to maintain continuous residence. coming back to US after every 5 or 6 months of living outside US for few weeks and leaving US does not preserve residency status. You have been entering as LPR but you have not been maintaining continuous residence. your best bet at this time would be either wait 5 years from now satisfying continuous residency requirements or 4 years and 1 day rule. Alternately, have your husband get citizenship (assuming he maintained continuous residency requirements), and apply for your citizenship after three years of his obtaiing citizenship as spouse of US citizen. In either case, you need to maintain continuous residency requirements.
Triple Citizen
Registered Users (C)
A LPR may not be able to successfully use "my spouse is in the US" in lieu of an N-470 in all instances. It is as simple as that. Re-read post #5. It explains one possible scenario where perhaps you might be successful in your N-400 application. In my opinion, you will probably have to apply 4 years and 1 day after you re-establish residency in the US.
Last edited by a moderator:
Immediate family in the US can be used as evidence of residency ties as well as maintaining a dwelling in the US. A temporary work assignment by a US company in a foreign country in itself is not a sign of break in residency ties. USCIS evaluates all the evidence presented in a case. In the OP's case, evidence of having a spouse remain in the US, proof that the assignment was temporary, past history residency ties (10 years in CA), evidence of taxes filed, and evidence of maintaining a US dwelling may be sufficient for the OP to overcome any presumption in break of residency ties instead of having to wait additional 4 years + 1 day.
Triple Citizen
Registered Users (C)
I never ruled out the option completely. What you said is a possibility. However residential ties for the purposes of maintaining GC and for the purposes of naturalisation are guaged differently. Had this period been a year, I would have leaned towards your more optimistic scenario. Given that it is 2 years in duration, I believe, chances are diminished. Having said that, if the OP prevails, I would be happy for her.
You stated that a LPR cannot use "my spouse is in the US" in lieu of an N-470. This suggests that the OP has no alternate choice but to wait an additional 4 year + year to reestablish continuous residency requirement.
In fact, a LPR can use evidence of a spouse in the US (along with other evidence) to overcome a presumption in break of residency purposes for naturalization (the discussion here is about maintaining residency ties for naturalization, not about maintaining GC status). Again,a temporary (2 year) work assignment in a foreign in itself is not a sign of break in continuous residency for naturalization purposes..USCIS looks at all the evidence of a case. It's one thing to move to a foreign country with your family to work there, but in the OP's case it was a relatively short assignment with a US company,the OP previously maintained 10 years of residency in the US,paid taxes and her husband remained in the US. It's definitely worth for the OP to pursue proving residency ties for naturalization purposes with the strong evidence she has instead of having to wait an additional 4 years + 1 day to reestablish continuous residency ties.
Last edited by a moderator:
Triple Citizen
Registered Users (C)
Thank you for pointing this out. I have amended my post to reflect my message a little clearer, hopefully!!!