Question about eligibility for me

[kc031180]

Hi everyone

I have got my GC in Nov1, 2011 and I would like to be eligible for Citizenship 5 years from now i.e. by Nov 1 2016.
Here is my situation: I would like to get married in India and stay over there for 2 years with my wife.
So I plan to take up a job in India for 2 years and use re-entry permit to travel to India.

1) Since I do not want to break continuous residency, I have to make trips to USA within every 6 months (trips will be only a few days to 1 week duration) - I wanted to use N-470 to avoid these frequent trips but I heard that there is no guarantee that N-470 will relieve me of staying outside USA for more than 6 months. Also, I do not know if USCIS will even approve N470 even though I meet all requirements for it.
So my question is that coming back to US for 1 week duration every 6 months enough to justify that I did not break continuous residence?
I got to know that sometimes I can even stay outside USA for 8 months and still it does not break continuous residence. Is it a reasonable assumption?
Assuming my N-470 is approved, will it guarantee that I dont need to make any trips to USA within these 2 years.
Is there any special job requirements for N-470 or any engineering job in american company will do?

2) Another question is : can I sponsor family based GC for my spouse in case I get married during my 2 yr stay in India - do i need to come to USA to file it or it can be done from India?

 

[Jackolantern]

1) Since I do not want to break continuous residency, I have to make trips to USA within every 6 months (trips will be only a few days to 1 week duration) - I wanted to use N-470 to avoid these frequent trips but I heard that there is no guarantee that N-470 will relieve me of staying outside USA for more than 6 months.

If you stay outside the US repeatedly for 5 months and 3 weeks, with only 1 week in the US in between, that can result in denial for breaking continuous residence even though each individual absence is under 6 months.

I got to know that sometimes I can even stay outside USA for 8 months and still it does not break continuous residence. Is it a reasonable assumption?

Yes, if you're gone for more than 6 months but less than a year you'll be given the opportunity to present evidence to defend yourself, but if you repeatedly took long trips or you work abroad without N-470 your chances of success will diminish greatly.

Assuming my N-470 is approved, will it guarantee that I dont need to make any trips to USA within these 2 years.

Yes, if you also have a reentry permit to protect your green card, and your long absence is for the purpose covered by the N-470.

Is there any special job requirements for N-470 or any engineering job in american company will do?

It can be almost any kind of job, not just engineering; the main requirement is on the company (must be a US company or government agency etc.).

Also be aware that you must have spent 365 consecutive days in the US as a green card holder in order to qualify for the N-470.

 

[Nancy Mervin]

Physical presence of half the minimum period (5 years in your case) you should be in US to be eligible for US citizenship.So you must have been in US for at least two and half years. Also as PR if continuous residence is disrupted, after you return to US you have to wait 4 years + 1 day to apply for naturalization.

 

[kc031180]

Question about eligibilty for me

Hi Jackolantern

Thanks for your reply. Technically, I am not staying outside USA for more than 6 months.
I plan to definitely pay US taxes even though I am in India. I also plan to maintain proof of residence in USA, my name will be on a rental apartment lease. Shouldn't these provide enough proof that I have continuous residence.
Also, I can claim that I took a job in India so I could be with my wife - isn't that a reasonable justification?

I will definitely try to get N470 approved though, but I dont know the approval rate and documents required.

2) Another question is : can I sponsor family based GC for my spouse in case I get married during my 2 yr stay in India - do i need to come to USA to file it or it can be done from India?

 

[Jackolantern]

I plan to definitely pay US taxes even though I am in India. I also plan to maintain proof of residence in USA, my name will be on a rental apartment lease. Shouldn't these provide enough proof that I have continuous residence.

Not necessarily. It depends on the total picture of your situation, and it's ultimately up to the discretion of the interviewer and his/her supervisor.

Also, I can claim that I took a job in India so I could be with my wife - isn't that a reasonable justification?

That's a terrible reason in their eyes. They expect you to show strong ties to the US during your long trips; having a wife and job both in India are ties to outside the US.

I will definitely try to get N470 approved though, but I dont know the approval rate and documents required.

Your employer will need to help you. They might have previously done the same for another employee.

2) Another question is : can I sponsor family based GC for my spouse in case I get married during my 2 yr stay in India - do i need to come to USA to file it or it can be done from India?

You can send the application from India to the relevant USCIS address in the US, but you must provide your US address on the paperwork. Then your spouse can later complete the process through a US consulate in India.