About CitizenShip

[Sand 5]

Hi All.

I have 1 question .

I am a GC holder and I got my card throght Marriage. and i know i have to wait 3 years to apply for my Citizenship but time going fast and i would like to ask .. i have been outside of usa for almost 3 months. and i would like to visit my family again, god willing. but i dont know if i can stay another 3 months again.. ??? i was told that i can stay outside of us about half the 3 years which it means 18 months outside USA and 18 months in the USA..and i will have No problem to Apply for my Citizenship.. is this true !!!

Thanks .

[Sand 5]

Nothing Yet?

[lucyrich 20]

The requirements are listed in the M-476

http://www.uscis.gov/files/article/M-476.pdf

One of the requirements is that you must have spent at least half of your required continuous residence time inside the US, which would say that if married to and living with a US Citizen, you've got to have spent at least 18 months of the 3 years physically present inside the US. But that's not the only requirement.

If you have any single trip of six months or more outside the US, you probably have to start counting your three years again from the start.

If you're ever judged to have abandoned your green card status, you will be ineligible for naturalization until you obtain green card status again and hold it for the required time. Abandonment of status is a complex issue with lots of fact-specific details, so you'd be well advised to consult a competent attorney if you think you might be getting anywhere close to a problem in this area. One thing to remember is to always file your tax returns before April 15th of each year. Another thing is to always keep your main place of residence in the US, whether you're in the country or not. So keep paying rent, mortgage, or whatever is needed to maintain your place of residence.

Is your US Citizen spouse going to accompany you? There's the issue that, if applying under the "three years married to US Citizen", you must have been married to and living with your US Citizen spouse during the three years. Normally, that means living under the same roof together. While an occasional short separate temporary vacation isn't an issue, I don't know how they'd judge a case where half the time was spent living in separate countries.

[Stella08 0]

http://www.uscis.gov/propub/ProPubVAP.jsp?...758650d6d39638a

INA: ACT 319 - MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS

Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

http://www.uscis.gov/propub/ProPubVAP.jsp?...758650d6d39638a

Section 316.5 ( c ) Disruption of continuity of residence

(1) Absence from the United States .

(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not dis rupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)

You have to be at least 18 months out of 36 physically present in the United States and you must not have any absences of more than 6 months at a time to not break your residency.

I hope this helps.

[Sand 5]

Hi, And Thank you so much.

And Yes I am Married from a USC and we are living together. i have no problem of this and but im April 2008 i went to visit my family for sure overseas aand i stayed there no even 3 months. but i have 1 more Question to ask .. and the Question is that i dont have a job therefore i dont pay taxes . so do u think that because i dont jave a job its going to hurt my Citizenship !!!

Thanks alot.

[Stella08 0]

Hi, And Thank you so much.

And Yes I am Married from a USC and we are living together. i have no problem of this and but im April 2008 i went to visit my family for sure overseas aand i stayed there no even 3 months. but i have 1 more Question to ask .. and the Question is that i dont have a job therefore i dont pay taxes . so do u think that because i dont jave a job its going to hurt my Citizenship !!!

Thanks alot.

Well, I imagine that if you don't work and pay taxes, your wife does so. And I guess/hope that you file taxes jointly. So you'll be fine.

I know plenty of housewives who don't have a job and file taxes jointly with their husbands and they got their citizenship without any problems as long as they fulfilled the requirements.

[motu 6]

You can still file taxes even if you don't make any money - for example you can file the tax return and state 0.00 as income and therefore you will have a tax return for each and every period that you may need in filing for citizenship - not only that, a tax return is required to get any stimulus checks. Remember that there is a minimum amount - somewhere like $10,000 - that a couple can make without owing any taxes; but its a good idea to file taxes no matter how much you made (for records to buy a house and/or generally to establish your credit). Good Luck

[Sand 5]

Hi And Thanks.

But now what if i dont want to file taxes jointly or anything like this i still can file for my Citienship!!

Thanks alot.

[lucyrich 20]

You'll have to either show that you filed taxes or demonstrate why you were not legally required to file taxes.

If you and your spouse are keeping your finances separate, that may raise questions regarding the bona fide nature of your marriage. It's not absolutely required to keep joint finances, of course. But if the two of you filed separately when it would have been much cheaper to file jointly, be prepared for them to ask why.

Before filing for citizenship, you had better review the tax laws (with an accountant if necessary) to be absolutely sure you were not legally required to file taxes.

[lucyrich 20]

One more point: Remember that failure to file taxes when legally required is one of the ways you can be judged to have abandoned your green card status. If you failed to file when required, the fact that you're ineligible for citizenship may be the least of your worries. Consequences could include interest, penalties, prison time, loss of the green card, and deportation.

If you're not required to file, you can still file anyway. For someone with a situation that simple, it'll be really really easy (easier than filling out any immigration form). And it will save you from having to defend yourself against abandonment of status problems.

[Sand 5]

Thank you so much all.