Jump to content
Henia

n400 question regarding living aboard with spouse

 Share

3 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: Algeria
Timeline

Hello everyone

I have a question regarding my n400. I filed the app this past summer and am awaiting back a response and I believe i have no *tricky things* that could get me denied...pretty clear cut case I think.

Also this fall I got married to non-USA citizen and non-green card holder. Currently I am living with him...not in the US. Of course I am a green card holder now and know that I have return to the US before 6months time (or least this is what I know...laws change all the time so...) to retain my 'resident alien' status...

We are not sure yet if we will (ever) for him for live in the US, we feel pretty great where we are now...

but I would like to gain the US citizenship just since I went through the whole immigration process for several years and would like to feel I went through for *something*...also ya never know might come in handy someday. So basically I have 2 questions here:

  • Is there any way to stay aboard longer then 6months without reentering the US without risking losing resident status?
  • If I am away from the US up to 6months, how will this affect my n-400 case?

Thank you all for any input in this matter... :thumbs:

Link to comment
Share on other sites

Filed: Timeline
Hello everyone

I have a question regarding my n400. I filed the app this past summer and am awaiting back a response and I believe i have no *tricky things* that could get me denied...pretty clear cut case I think.

Also this fall I got married to non-USA citizen and non-green card holder. Currently I am living with him...not in the US. Of course I am a green card holder now and know that I have return to the US before 6months time (or least this is what I know...laws change all the time so...) to retain my 'resident alien' status...

We are not sure yet if we will (ever) for him for live in the US, we feel pretty great where we are now...

but I would like to gain the US citizenship just since I went through the whole immigration process for several years and would like to feel I went through for *something*...also ya never know might come in handy someday. So basically I have 2 questions here:

  • Is there any way to stay aboard longer then 6months without reentering the US without risking losing resident status?
  • If I am away from the US up to 6months, how will this affect my n-400 case?

Thank you all for any input in this matter... :thumbs:

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a ?nonimmigrant? on your tax returns.

When you applied for naturalisation, was it on the basis that you were a permanent resident for 5 years (application submitted 90 days prior) or on the basis of a former marriage to a US citizen?

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence;

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Algeria
Timeline

Thanks Mermaid for all that info...

I applied for the n400 based on me living in the US for more then 5 yrs.

If I go back and forth btwn where i am now and the US within the 6month timeframe...file my taxes normally, not declair I am living aboard...just visting would that be ok?... They said my case should be reviewed by May 2007 at the latest. Also we are still deciding to file for DCF or k3 visa for my husband or just to live here... but in any case I donnot want to lose my status there, before getting n400 approval.

thanks for ur help...

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...