Will N-400 release me from the duty of presence in USA?

[I-love-Dexter 0]

Hello everyone

I'm a little confused aready about what I should do now...

I got my green card 10 months ago in mail. I left USA, cause my husband is a contractor for US government overseas (Germany). I'm flying to the States soon, so I won't stay outside USA for more than 364 days.

I know I have to file something that realeases me from the duty of presence in the USA. I'm going to file N-400 for expedite naturalization (we've been married for over 3 years).

Will form N-400 release me from the duty of presence in USA?

thanks for help

[payxibka 10,047]

since you have not yet been a resident for three years you do not yet qualify to naturalize. the 3 yr rule is 3 yrs marriage AND 3 yrs residency

Edited September 20, 2009 by payxibka

[lucyrich 20]

INA 319(b) allows certain spouses of employees of government contractors to qualify for expedited naturalization before completing three years with a green card. I'm not sure of the details, but I'll take agnes2012's word that she qualifies.

Assuming you qualify for citizenship, then once you become a US Citizen, there is no requirement to spend any particular amount of time in the US. You could leave the US permanently and not touch US soil for the next 80 years. In 2090, you would still qualify for a US passport and you could enter the US using the US citizen line at immigration.

As a US citizen, you are generally required to file US taxes every year. You may not owe any money, but you still are required to fill out the forms, unless your total worldwide income from all sources is very tiny.

[warlord 73]

Also remember short trips back don't count for continous residency. Also be aware living and working abroad can nullify your green card and have it revoked if you haven't filed the proper paper work before leaving.

Then N-400 does not do anything to preserve residency. You must still reside in the US (unless special circumstances like mentioned with military or certain government jobs). The only way to live abroad is to be a citizen without worrying about abandoning your green card status or filing the N-470 and preserve your green card status before leaving.

Now being on a US military base definatly helps things out for you. Not sure if it will perserve your residnecy, but comming back one in 364 days will do nothing. In fact comming back for a short time before the usual 6 months will do nothing to perserve it.

Check to make sure you filed the right paper work before leaving, that will tell you your status...

Edited September 21, 2009 by warlord

[I-love-Dexter 0]

Thank you for all replies

I'm going to file N-470 once I'm in the States.....

[warlord 73]

Thank you for all replies

I'm going to file N-470 once I'm in the States.....

Double check that's the correct form. There are two that certain people can use under certain circumstances. One allows you to be out and protects you from abandoning your Green Card, the other will actually preserve your continous residnecy (though this I think is only for specific jobs in the government and not military).

Either way research this some more. Another thing is ask one of the military officials, they might know others in the same boat and they could tell you what they have done...