Lost my passport, wife not benefited by N-470, many questions, please help!!

[GoodGuyGary]

Ladies and Gentlemen:

I need some help on N-470, Re-Entry Permit, and N-400 issues. Before I ask the questions, I want to present the time line of for me and my wife immigration process.

1) June 05: Green card approved for myself (Resident since April 05)
2) Mar 08: Green card approved for my wife (Resident since March 08)
3) Mar 08: Re-entry permit approved for my wife (valid till March 10).
4) June 08: Moved out of the US.
5) Sep 08: Re-entry permit approved for myself (valid till Sep 10)
6) Feb 09: N-470 approved.
7) From June 05 till June 08, I have not been outside of US for more than 30 days.
8) We have not been to US since June 08.

Questions:
1) Last month, my apartment got broken in and my passport was stolen. I got a replacement passport now, but the new passport number is different than the old one, which I used to apply all the immigration stuff (re-entry permit, N-470, green card and etc). What do I need to do to make sure all these documents are still valid, and not affected by the fact that my “original” passport is stolen?

2) I just got the N-470 approved, please see attached file. It looks like only myself had been approved, but not my wife (my daughter was born in US and is a US citizen). I searched the web and looks like only those who had been resident for more than a year can get the N-470 benefit. Is that why my wife is not covered by the N-470?

3) If my wife is not covered by the N-470, does she need to go back to US before the one year time is up to keep her green card (she has the re-entry permit valid). She had only been in US for 3 month after she received the green card and she is not covered by the N-470, so her 3 months will not be counted toward the residence time, correct?

4) My company is trying to move me back to USA this summer, around July, what do I need to do before I come back?

5) I read some websites, and it looks like I can submit the N-400 90 days before the 5 years time come (January 10), and I have to live in a state for more than 90 days before I submit the N-400. If I want to get neutralization the earliest possible, I will need to start living in US again from September 09? For these 90days period, can I leave the country (since my new job may need me to travel outside of the country too)?

6) Someone mentioned my wife can submit the N-400 with me, even she did not live long enough in US. If so, does she need to stay in US for the 90 days before submitting the N-400?

Our priority is to get me neutralized ASAP, so that no matter what happens, I can still go back to US, and if my wife loses her green card status, we can get her another one, correct me if I am wrong. And of course, if my wife can be neutralized with me at the same it will be perfect. My wife is now working out of US and her job is quite stable. I am worrying if my job will be stable, under the current economy situation. For the being said, we feel like if my wife can stay out of US, and keeping her green card status, until she really has to go back to US for neutralization will be the best scenario. But now, at the current situation, what is the best way to get me neutralized? What is you analysis on our case? Please advise. Thank you very much.

 

[Bobsmyth]

Ladies and Gentlemen:

I need some help on N-470, Re-Entry Permit, and N-400 issues. Before I ask the questions, I want to present the time line of for me and my wife immigration process.

1) June 05: Green card approved for myself (Resident since April 08)

What do you mean by resident since April 08? If your GC was approved in June 05, you were LPR since that time.

2) Mar 08: Green card approved for my wife (Resident since March 08)
3) Mar 08: Re-entry permit approved for my wife (valid till March 10).
4) June 08: Moved out of the US.
5) Sep 08: Re-entry permit approved for myself (valid till Sep 10)
6) Feb 08: N-470 approved.

7) From June 05 till June 08, I have not been outside of US for more than 30 days.

I assume that you had at least 1 year of continuous residence between June 05 and Feb 08 since your N-470 was approved in Feb 08.

8) We have not been to US since June 08.

Questions:
1) Last month, my apartment got broken in and my passport was stolen. I got a replacement passport now, but the new passport number is different than the old one, which I used to apply all the immigration stuff (re-entry permit, N-470, green card and etc). What do I need to do to make sure all these documents are still valid, and not affected by the fact that my “original” passport is stolen?

Get a police report to show that passport was stolen. Contact USCIS and let them know it was stolen.

2) I just got the N-470 approved, please see attached file. It looks like only myself had been approved, but not my wife (my daughter was born in US and is a US citizen). I searched the web and looks like only those who had been resident for more than a year can get the N-470 benefit. Is that why my wife is not covered by the N-470?

You just got N-470 approved or it was approved in Feb 08? Your wife would get derivative benefit form you only if she was a LPR at the time (you indicated she only got LPR status in March 08)

3) If my wife is not covered by the N-470, does she need to go back to US before the one year time is up to keep her green card (she has the re-entry permit valid). She had only been in US for 3 month after she received the green card and she is not covered by the N-470, so her 3 months will not be counted toward the residence time, correct?

She can use re-entry permit to preserve her GC for up to 2 years outside US.She can only use the 3 months in US after obtaining GC if she returns before June 09 and can prove US residential ties during her time out.

4) My company is trying to move me back to USA this summer, around July, what do I need to do before I come back?

After you move back you must notify USCIS of your change of address.

5) I read some websites, and it looks like I can submit the N-400 90 days before the 5 years time come (January 10), and I have to live in a state for more than 90 days before I submit the N-400. If I want to get neutralization the earliest possible, I will need to start living in US again from September 09? For these 90days period, can I leave the country (since my new job may need me to travel outside of the country too)?

That's correct since N-470 preserves your continuous residency during the time outside US. You'll need to establish DO service area for at least 3 months before applying. You can leave since you still have valid N-470.

6) Someone mentioned my wife can submit the N-400 with me, even she did not live long enough in US. If so, does she need to stay in US for the 90 days before submitting the N-400?

She's not eligible to apply at the same time as you since she broke continuous residency.

Our priority is to get me neutralized ASAP, so that no matter what happens, I can still go back to US, and if my wife loses her green card status, we can get her another one, correct me if I am wrong. And of course, if my wife can be neutralized with me at the same it will be perfect. My wife is now working out of US and her job is quite stable. I am worrying if my job will be stable, under the current economy situation. For the being said, we feel like if my wife can stay out of US, and keeping her green card status, until she really has to go back to US for neutralization will be the best scenario. But now, at the current situation, what is the best way to get me neutralized? What is you analysis on our case? Please advise. Thank you very much.

You'll have to live in US for at least 3 months before you can apply. If your wife doesn't return before reentry expiry she will loose GC and you'll need to sponsor her once you become US citizen.

 

[GoodGuyGary]

"What do you mean by resident since April 08? If your GC was approved in June 05, you were LPR since that time."

Sorry, it should be "resident since April 05".

"I assume that you had at least 1 year of continuous residence between June 05 and Feb 08 since your N-470 was approved in Feb 08."

Sorry, I got the N-470 in Feb 09.

"Get a police report to show that passport was stolen. Contact USCIS and let them know it was stolen."

How should I do that as I am outside of US now.

"You just got N-470 approved or it was approved in Feb 08? Your wife would get derivative benefit form you only if she was a LPR at the time (you indicated she only got LPR status in March 08)"

What is LPR? The N-470 did not approve her.

 

[Bobsmyth]

You mentioned your apartment was broken into last month. Did you file a police report the time? Call your police department in US and find out if it's too late to file report if you haven't already done so.

Since your wife didn't have at least one year of continuous residence as a LPR (Legal Permanent Resident) , she would not get derivative status of N-470.

 

[rangav]

"1) Last month, my apartment got broken in and my passport was stolen. I got a replacement passport now, but the new passport number is different than the old one, which I used to apply all the immigration stuff (re-entry permit, N-470, green card and etc). What do I need to do to make sure all these documents are still valid, and not affected by the fact that my “original” passport is stolen?"

I am assuming that your passport was stolen in some other country. Contact the US embassy in that country and talk to them about the stolen passport.

 

[Bobsmyth]

Good point as it wasn't clear from OP what country his apartment was broken into. I assumed it was in the US, but it may very well have been outside US.

 

[Jackolantern]

6) Someone mentioned my wife can submit the N-400 with me, even she did not live long enough in US.

No she can't, because she got her GC about 3 years later than you did. She either has to wait out the usual 5 years, or 3 years after you become a citizen. Even if the nature of your overseas employment is such that she can qualify for expedited citizenship to get it faster than 5 years/3 years, you still have to become a citizen first to enable her to qualify.

 

[GoodGuyGary]

You mentioned your apartment was broken into last month. Did you file a police report the time? Call your police department in US and find out if it's too late to file report if you haven't already done so.

Since your wife didn't have at least one year of continuous residence as a LPR (Legal Permanent Resident) , she would not get derivative status of N-470.

I am sorry to cause the confuse. It was my apartment in Malaysia got broke in. It seems like I will have to contact the US consulate in Malaysia. I do have a police report, and it is in Malay language (but it does state my passport issuing country and number). I will contact them on Monday since I will need to travel back to US in April.

For the one year of LPR, you are right, she doesn't have the one year.

 

[GoodGuyGary]

How can my wife apply the N-400 with me now. Can we move back to US, and live for a year (then she can have one year of LPR), and apply the N-400 together?

 

[Jackolantern]

She cannot apply for N-400 with you, unless you plan to wait a few extra years until she is eligible. Spending 1 year in the US without traveling abroad would enable her to benefit from your N-470, but the earliest she is eligible to file the N-400 is December 2012 (5 years minus 90 days after she became an LPR).