Special Circumstances

[Indo_mommy 0]

Okay, my conditional PR card will expired on May 2009 (which means we'll have to apply for removing conditions around April 2009) and we'll be married for 3 years by September 2008.

My questions are:

1. Can I apply for naturalization if we'll be living abroad for at least 2 years? (Hubby got a job in China) and I'm applying for I-131 Re-entry permit.

2. Can we apply for naturalization at the time where I suppose to apply for Removal of Conditions? Or should we apply for removal conditions then apply for Naturalization later on after we receive the 10 years card?

Thank you all!

[Indo_mommy 0]

Oops typo I mean we have to remove conditions by Feb 2009. Also, is it possible to apply naturalization from overseas? TIA!

[lucyrich 20]

Unless you have special circumstances like military service, you can only apply for naturalization after you've been a PR for three years (you normally file the paperwork 90 days early). You apply for removal of conditions after just a bit less than two years. So normally, there's a delay of at least one year between applying for removal of conditions and applying for naturalization.

You seem to be confused about the "three years married" requirement. You can only become a citizen under this provision after ALL THREE of the following are true: 1. Your spouse has been a US Citizen for three years. 2. You've been married to and living with the same spouse three years, and 3. You've been living in the US with LPR status for three years. By your dates, it looks like you'll be eligible for citizenship no earlier than May 2010. You could normally send the paperwork in as soon as Febrary 2010.

But you can't apply while living overseas, and your time overseas will likely break the continuous residence period for the purposes of naturalization. You may want to talk to an immigration attorney to decide the best way to proceed. If you can avoid abandonment of status, you'd probably be eligible for naturalization three years after returning to the US permanently.