Very unique case - Need your help

[FlyingTurk]

I am stuck between rock and the hard place as I am trying to decide what to do at this cross roads in my life.

Here's my case:
- I got my permanent residency in April 2001 through employer.
- Got married to a US citizen in Sept 2002.

Here are my questions and dilemna :
- Can I apply to citizenship in Sep. 2005 because by then I will be married to my wife for 3 years? (Some people I talked to say yes, some say no)
- I have been out of the country every week, for a period of 4 months when I was working on a project in Canada. Does this time have an impact on the residency requirement? (I would say no, becuase I traveled home every weekend and I got paid by the US company here in US for the work).

- I have received a nice job offer from the old country but I am hesitant to leave because I don't want to do anything to jepordize my future citizenship. (If I will leave , my wife will stay here and we will keep the condo we own).

- What are the processing times in Seattle when I apply for citizenship?

Thanks in advance..

 

[Radni]

You can file N-400 as a spouse of USC three yrs from marriage. I do not know why some say "NO" ? I thinks this is what you ought to do do file early.
you can estimate 8-14 months for your oath depending where you file.

 

[yalag]

I am stuck between rock and the hard place as I am trying to decide what to do at this cross roads in my life.

Do you need a hammer?

- Can I apply to citizenship in Sep. 2005 because by then I will be married to my wife for 3 years? (Some people I talked to say yes, some say no)

Of course. Don't forget to file 90 days before (to save an extra three months),.

I have been out of the country every week, for a period of 4 months when I was working on a project in Canada. Does this time have an impact on the residency requirement? (I would say no, becuase I traveled home every weekend and I got paid by the US company here in US for the work).

No. Notice, however, that this has implications for the physical resedince. You need to have been in the US 18 months of the 36 months immeditaely before you application. You must be able to give a detailed list of every exit and entry from the US. Make this list now, and make sure to photocopy your passport. Count the days you were out of the country and make sure they do not add up to more than 18 months. Assuming you haven't traveled excessively (aside of that Canad four-months period) - you do not have any problem.

- I have received a nice job offer from the old country but I am hesitant to leave because I don't want to do anything to jepordize my future citizenship. (If I will leave , my wife will stay here and we will keep the condo we own).

I am in a similar position. If you are able to go frequently back and forth between the USA and you homeland- then shouldn't be a problem. In some circumstances it may delay your citizenship. Be careful to maintian your PR status at all time.

Yalag

 

[FlyingTurk]

Thanks for the replies. I was reading some other posts which lead to more questions:

1. What is selective process? I entered US when I was 24 as an F1 and became a permanent resident when I was 32.. Does that make me require to register for the selective process?

2. Can I leave the country after I file for N400 and come back when they need the interview, FP , etc?

3. Is there any time between application and oath (or getting the citizenship) that I cannot be outside US?

4. The fact that I will be working outside of US , despite keeping my residency , will that have a negative impact on my case?


Thanks..

 

[yalag]

1. What is selective process? I entered US when I was 24 as an F1 and became a permanent resident when I was 32.. Does that make me require to register for the selective process?
2. Can I leave the country after I file for N400 and come back when they need the interview, FP , etc?
3. Is there any time between application and oath (or getting the citizenship) that I cannot be outside US?
4. The fact that I will be working outside of US , despite keeping my residency , will that have a negative impact on my case?

1. An F-1 need not register. If you maintianed your F-1 status until you were 26 years old then you did not have to register. As an extra safety measure go to www.sss.gov and get a status letter from the SS, stating that you did not need to register.
2.,3. You must maintain the physical residency and your PR status throughout the whole process. If you arrive for FP, interview and assuming the whole process lasts no more than a year, and assuming you were not continuously out of the US for more than 6 months, you should be okay.
4. As long as you maintian your ties with the US - file taxes, mortgage, bank accounts, wife, etc. I think you will not have any problem.
The main thing is no lengthy exits: up to 6 months - okay, between 6 months and 12 months - MUST have sufficient evidence to prove ties with US, over 1 year is a no-no even with a re-entry permit.

Yalag