N-470

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desi2go

Registered Users (C)
Hi All
Does anyone know if one can file N-470 (Application to preserve residency while traveling out of the country) if they are not employed. For example, my wife if she wants to travel for longer than 1 year because of my employment overseas(and I am a citizen), can she file N-470.
Any info is appreciated.
 
I filed an N-470 (Application to preserve residence for naturalization purposes) when I was overseas with a major US corporation. My understanding is that to be eligible to file, you MUST be employed by certain types of US corporations, scientific institutes, religious organizations etc.

See the instructions on this form http://www.usvisainfo.com/object/forms/ins/n470.pdf or go to the USCIS web site and do a search under N-470. It will tell you the same thing. I am unaware of any exceptions.
 
desi2go - as you'll see from the N-470 instructions, eligibility is limited to employees of the Govt, US corporations and religious workers. In some instances spouses can derive benefit from their partner's N-470, but I don't think this will apply to your situation as you are already a USC.
 
desi2go - boatbod is correct. Since you are already a citizen you cannot file for N470 and your wife cannot file N470 as she is not employed. But please consult an immigration lawyer for authenticity.
 
desi2go said:
Hi All
Does anyone know if one can file N-470 (Application to preserve residency while traveling out of the country) if they are not employed. For example, my wife if she wants to travel for longer than 1 year because of my employment overseas(and I am a citizen), can she file N-470.
Any info is appreciated.
Click to expand...
But it sounds like N-470 is not needed anyway. If you look at the table in the page 22-23 in Guide to Naturalization (M-476), it says that

"If you are the spouse of US citizen who is an employee of the American-owned firm or coporation engaged in the development of foriegn trade and commerce for United States, continuous residence and physical presence are not required"

Basically they give a great leeway for the spouse of US citizen who work overseas. This sounds a lot more flexible than if the LPR is working overseas. You want to check out what docments are needed to validate the above rule.
 
equate said:
But it sounds like N-470 is not needed anyway. If you look at the table in the page 22-23 in Guide to Naturalization (M-476), it says that

"If you are the spouse of US citizen who is an employee of the American-owned firm or coporation engaged in the development of foriegn trade and commerce for United States, continuous residence and physical presence are not required"

Basically they give a great leeway for the spouse of US citizen who work overseas. This sounds a lot more flexible than if the LPR is working overseas. You want to check out what docments are needed to validate the above rule.
Click to expand...
Infact, there is no requirement for time as a permanent resident in that case. Seems like you do not have to wait 3/5 years in that case.
 
Don't forget that important bottom line of the table:
and You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing.​
I don't recall having seen anyone post experience of using this route to natz before. I wonder how one checks whether they work for a "qualifying employer"?
 
boatbod said:
Don't forget that important bottom line of the table:
and You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing.​
I don't recall having seen anyone post experience of using this route to natz before. I wonder how one checks whether they work for a "qualifying employer"?
Click to expand...
For N-470 application, "qualifying employer" has to be a US-registered firm and its additional eligiblity is determined by IO from the affidavit that is provided by the company. I assume the criteria in this case should be similar if not the same. The main thing is that the applicant has to be able to demonstrate the part about involving in "the development of foriegn trade and commerce for United States"
 
Folks
Thanks for all the information. I am not a citizen (atleast yet). We both filed for N-400. My wife's name is stuck in name check. My interview is next week. Assumiing that goes well, I will be a USC soon. My employer is pushing me to go to India to take up work there. We were pushing this out until we got the USC. Now since her's is getting delayed, I wanted to check out the N-470 route.
Will the continuous residence waiver still work in this case? I dont know. The law seems vague.

ANy advices?
 
desi2go said:
Folks
Thanks for all the information. I am not a citizen (atleast yet). We both filed for N-400. My wife's name is stuck in name check. My interview is next week. Assumiing that goes well, I will be a USC soon. My employer is pushing me to go to India to take up work there. We were pushing this out until we got the USC. Now since her's is getting delayed, I wanted to check out the N-470 route.
Will the continuous residence waiver still work in this case? I dont know. The law seems vague.

ANy advices?
Click to expand...

Since your employer is so keen for you to go overseas, I suggest you ask them to provide you some time with a good immigration lawyer so you can figure out what is best.

If it were me, I'd be reluctant to leave the US until my spouse had completed her N-400 process.
 
Continuous Residence.

Does anyone know when the criteria for continous residency is checked. Is it during the application (which we obviously do) and/or is it at the time of interview?
 
Both continuous residence and physical presence criteria must be maintained from application until oath. They will specifically be checked during interview, but you will also be asked again if you have traveled outside of the US when you hand your paperwork in at the oath ceremony.
 
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