When can I naturalize after my long absence?

[Ik. 0]

Hi guys,

I was wondering if anyone could give me an opinion on the following:

My husband is an active duty soldier. We got married in 2007 and got my green card in 2008 because we had thought we would move back to the US from an overseas duty station at the end of that year but my husband was then sent to Iraq for 15 months and I had no way to come to the US at the time (there was no duty station to go to in the US, there was nobody to live with/at in the US).

My problem is that I am not sure when I could naturalize because I stayed in my country of origin (not the same as where my husband's overseas duty station was at) for the time of his deployment because of medical reasons. I've never stayed outside the US for a year or more but I have an 11 month absence and a 7 month one (4 months out of the latter was at my husband's duty station so that doesn't cause a problem). I was command sponsored the whole time (I had the right to accompany my husband on his orders).

Let me put down my timeline for better understanding:

1. I entered the US for my green card in June, 2008 and I've been a permanent resident since June, 2008

2. I came to the US to live with my in-law's in July, 2008 but I couldn't stay for medical reasons, my condition worsened (I was not able to take care of myself on my own for months). My condition did not allow me to wait for a re-entry permit so at the time, I decided to visit the US later when I would be capable of doing so in order to keep my green card

3. I went back to my country of origin in July, 2008 to live with my parents who could take care of me

4. I decided to stay there until my husband came back in Oct, 2009 (I visited the US in June, 2009 for a week so that I wouldn't be outside the US for a year or more)

5. we moved back to his overseas duty station together in Oct, 2009

6. we moved to the US and have been living here since Jan, 2010

Consequently, I lived in a foreign country not on orders between July, 2008 and October, 2009 with a single visit to the US in June, 2009.

My question to you is: when do you think it is safe for me to apply for naturalization? I have consulted a lawyer who said in July, 2012 and that's what I had also thought. However, I just consulted a USCIS immigration officer (directly from one of their field offices, they come to the base once a month; it's basically like an INFOPASS appointment) and he said I could apply in Oct, 2011 based on the 2 year plus 1 day rule because we returned to "US soil" in Oct, 2009. I am kind of skeptical because I thought this is for people who spent a year or more outside the US and had a re-entry permit. What do you think about this?

You could ask why I want to rush but 9-10 months make a huge difference in my life because firstly, my husband is going to deploy in a few months again, I therefore want to be able to travel freely if anything happens, secondly there are no jobs around the base here so holding US citizenship would make me eligible to apply for a job on-post. I can fulfill all the other naturalization requirements, I am just afraid of denial on the grounds of my long absence.

I would very much appreciate it if someone could give me some input on this. Thank you in advance.

[Jojo92122 1,924]

Here is the link for the Naturalization Eligibility Worksheet; http://www.uscis.gov/files/article/attachments.pdf

Go through the worksheet to see if you are eligible to naturalize.

[Ik. 0]

Here is the link for the Naturalization Eligibility Worksheet; http://www.uscis.gov/files/article/attachments.pdf

Go through the worksheet to see if you are eligible to naturalize.

Thanks, I just went through the worksheet. It doesn't say anything about this (neither of my absences lasted a year or longer), I seem to be eligible but I know this long absence could give me a hard time at the interview and I might get denied. I want to apply when it is 100% that I would pass. I would like to hear more opinions. Thanks.

[Dave&Roza 748]

You cannot use the worksheet as you are married to a US serviceman. I would say based on the information provided you are eligible for naturalization after being married for 3 years and becoming a LPR in June 2011 as you 1) have not been outside the US for more than one year at a time, 2) you have do not have 18 months outside the US in the past three year period (at your husband's duty station does not count against you as you seem to know), and 3) you are the spouse of a US serviceman that was on active duty orders and I think they can understand the circumstances of why you were not at your husband's duty station and the reasons you went back to your home country. If you want to be 100% sure, than follow the USCIS person's advice, but IMHO I think you qualify to file now either way as June is past and October is less than 90 days away.

Good luck and I hope all goes well for you,

Dave

Edited July 20, 2011 by Dave&Roza

[milimelo 4,583]

Based on marriage in 2007 and GC in 2008, you should've received the 2-yr green card. Did you lift the conditions of residence with I-751 and received your 10-yr card?

[Brother Hesekiel 2,236]

I'm sorry,

but can you make a list of your absences from the US and your entry dates without the fillers and reasons and words?

Like this:

Resident since xx/xx/2008.

Left xx/xx/xxx

Returned xx/xx/xxxx

Left xx/xx/xxxx

Returned xx/xx/xxxx

I'm just not sure I read your post correctly.

For example: I entered the US for my green card in June, 2008 and I've been a permanent resident since June, 2008

2. I came to the US to live with my in-law's in July, 2008.

That alone makes no sense to me. If you entered the US in June 2008 and then came to the US in July 2008, where have you been in-between?

If you are asking a specific question where it comes down to days, you need to be specific about the days in question.

[Ik. 0]

Based on marriage in 2007 and GC in 2008, you should've received the 2-yr green card. Did you lift the conditions of residence with I-751 and received your 10-yr card?

Yes, I lifted the conditions with my husband last year. I couldn't be here if I hadn't.

[Ik. 0]

I'm sorry,

but can you make a list of your absences from the US and your entry dates without the fillers and reasons and words?

Like this:

Resident since xx/xx/2008.

Left xx/xx/xxx

Returned xx/xx/xxxx

Left xx/xx/xxxx

Returned xx/xx/xxxx

I'm just not sure I read your post correctly.

For example: I entered the US for my green card in June, 2008 and I've been a permanent resident since June, 2008

2. I came to the US to live with my in-law's in July, 2008.

That alone makes no sense to me. If you entered the US in June 2008 and then came to the US in July 2008, where have you been in-between?

If you are asking a specific question where it comes down to days, you need to be specific about the days in question.

Sorry if it was confusing. It is kind of complicated. I was like I wouldn't go into the very details because my post is already long. I was afraid you guys wouldn't read it. So here is the whole story:

I entered the US with my husband in June, 2008 to get the green card. We had been on vacation for a few days in the US before he deployed (he was stationed overseas at the time). Then we went back to his overseas duty station. That's where I was in-between. Our plan was that I would spend the entire time here in the US while he is deployed. So I came back to the US to live here in July, 2008 when my husband deployed but went back to live with my parents in my country of origin after 10 days because I already got very sick the first night I arrived in the US (I was pregnant and had a gallbladder problem, it is the most painful thing in the world). My mother in law couldn't take responsibility for me in my condition. My parents had better resources and worked a lot closer so in case of any emergency, they could help me out. That's why I moved back to my parents in July, 2008.

[Ik. 0]

Entered the US in June, 2008

Left in June, 2008

Returned in July, 2008

Left in July, 2008

Returned in June, 2009

Left in June, 2009

Moved to US soil overseas in Oct, 2009

Returned to CONUS in Jan, 2010, have been living in the US with no interruptions since then (I had only one 3-week-long trip in 2010 in addition to all this and that's all).

I am not eligible to apply yet, for sure. I will only fulfill the 18-month residency requirement in August, 2011. You have to have at least 18 months in the US (no time spent overseas on bases counts toward that time as I know).

Edited July 20, 2011 by Prerogative25

[Ik. 0]

Exact timeline:

First entered the US and residence since: 13 June, 2008

Left: 20 June, 2008

Returned 8 July, 2008

Left: 19 July, 2008

Returned: 12 June, 2009

Left: 21 June, 2009

Moved to US soil overseas: 5 Oct, 2009

Moved to US: 30 Jan, 2010

One trip overseas since then: between 4 Oct-28 Oct, 2010