Interview letter received but I am sad

[Jackolantern]

Thanks Jacko. Could you point me to the actual resource that says that?

I don't remember exactly where to find it, but it is well known that you have to maintain the residence, physical presence, and moral character requirements all the way up until the oath. It's not just a point-in-time thing based on when you apply. That's why on oath day they ask you about your travels and offenses since the interview. If you don't believe me, ask a lawyer and they can provide you with the specifics.

Bottom line is that your application will be denied given your travel history, and you are risking losing your green card by showing up for the interview. You seem to be so firmly settled in Canada ... why don't you just surrender the green card officially (instead of having them revoke it, which could cause trouble later on if you want to visit the US) and continue living in Canada? Is it that your wife is in Canada illegally so she can't stay there?

 

[maisflocon]

Hi Jackolantern, I know what you are talking about (continuous residence post filing), but no where can I find anything that says anything in the effect of a rolling 5-year window (even though it makes sense). My wife is on a work permit in Canada.
I don't mind risking my green card because I have full intention to establish my family in the states and I feel like I have done everything I can to follow the rules (get re-entry permit, stay out no more than 6 months) and fulfill my duty as a husband. Giving up my green card is like admitting that I have no intention to reside in the states, which couldn't be further from the truth.

Does USCIS grant interviews to applicants when conditions are not met or it's so bad that one should consider giving up one's green card? Why not just reject the application flat out and save the grief?

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The truest expression of love is presence.

 

[ml_boston]

You have two things to care about:

1) continuous residence to maintain your green card

2) minimum stay required for your citizenship


To meet item #1, you must maintain permanent residence in the US continuously since you got your GC. As long as any absences from the US are under 6 months, you don't automatically lose your green card. If you have a pattern of repeated absences, you have to explain how that did not lead to a loss of permanent residence.

In your case, you'll have to explain how you kept your residence. If you characterize the departures as caring for a spouse until your naturalization and I-130/K-3, that may be good enough to meet requirement #1. In your naturalization interview, USCIS will look at your travel history to ensure that your residence was maintained, and if they find it was lost they can rescind your GC and deport you.

A qualified lawyer can probably describe your chances of either outcome occurring.


#2 is where you have your problem - you must be in the US for 30 of the 60 most recent months. Here is where you fail the requirement and would be denied citizenship. It isn't clear whether this is 60 months prior to application or prior to application or interview, so I'm not sure if continuous stay in the US up to your interview can get you to qualify. If you don't meet this requirement (and don't get your GC rescinded per above) you will be denied naturalization, and you'll have to stay in the US until your 30 month ratio is met, and then reapply.

You're really close. Once you naturalize you can stay with your wife in canada as long as canadian immigration lets you. You could file I-130/K-3 immediately and have her go to the US as soon as the K-3 is approved. However, you must maintain US employment to meet the financial requirements of the I-130.

Best of luck.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...

 

[chenwu]

Your wife who you say became physically and emotionally sick due
to being separated for 10 months is working in canada on work visa!
And you have a canadian PR too and at the same time you applied for Citizenship here. You want everything your way. Your story has become implausible.

 

[maisflocon]

Your wife who you say became physically and emotionally sick due
to being separated for 10 months is working in canada on work visa!
And you have a canadian PR too and at the same time you applied for Citizenship here. You want everything your way. Your story has become implausible.

Her work permit is applied through my work permit. It's called open work permit and she doesn't have to work (and she is not), it just allows her to stay as long as my work permit is valid. My story is rock solid. Damn straight I want everything my way and that might just be the cause of most pains and sufferings in life!

 

[maisflocon]

I don't remember exactly where to find it, but it is well known that you have to maintain the residence, physical presence, and moral character requirements all the way up until the oath. It's not just a point-in-time thing based on when you apply. That's why on oath day they ask you about your travels and offenses since the interview. If you don't believe me, ask a lawyer and they can provide you with the specifics.

Bottom line is that your application will be denied given your travel history, and you are risking losing your green card by showing up for the interview. You seem to be so firmly settled in Canada ... why don't you just surrender the green card officially (instead of having them revoke it, which could cause trouble later on if you want to visit the US) and continue living in Canada? Is it that your wife is in Canada illegally so she can't stay there?

Including this for the record as the requirement you listed is inaccurate:

The 30-month physical presence rule only applies preceding the date of the naturalization application. There is no regulatory requirement to have 30 months of physical presence preceding the interview. For this, I direct you to Act 316 of the Immigration and Nationality Act (INA).

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe