Will this case be approved? What's your take?

[mandixon 9]

What are the chances of my N-400 getting approved? These are the facts:

1- I am married to a USC. Have been married to the same person and kept my GC for the past 6 years.

2-I submitted N-400 as a spouse of a USC (based on the advice of a lawyer)

3-Have been in the states for more than 18 month during the past three years.

4-Have been out of the US for more than 6 months twice in the past 5 years (one more than 6 months absence in the past 3 years).

5-While abroad, I took employment overseas and didnt have a lease in USA. I never filed taxes because I made less than the amount required (have my correspondence with IRS about the matter). I kept a US bank account. I traveled back to USA between the long two trips and stayed here for about 4 months.

6-I have one absence of 366 days within the past 3 years (days of departure and arrival included). Received a transportation letter from a US consulate to come back because I didnt have my GC. I submitted my communication with the US consulate abroad with my N-400 app (I contacted the US consulate 3 months before completing a year n explained my circumstances--Not having GC handy as it wasnt issued yet. I just had a stamp in my passport that expired and airlines refused to sell tickets to me).

7- I have a rejected application for reentry permit (reason for rejection is a problem with signing the check). I didnt apply again because I had a plane to catch. My lawyer thinks that it is a good document. It shows my intention to return to USA.

8-Why did I go abroad for such long trips to begin with? My wife is a Phd student and she was doing research abroad. We are a family and wanted to be together. My wife's university gave us a letter that she was overseas for Phd research. We returned permanently to USA over a year ago. The letter clearly states that my wife's stay abroad was temporary. I looked into the exemption given to spouses of USCs affiliated with US research institutes recognized by the attorney general. Her university is listed, but she wasnt an employee! Not sure if researchers are included.

How do you think USCIS will look at this case?

Please post any questions if you need more facts.

[w8inglongtime 29]

What are the chances of my N-400 getting approved? These are the facts:

1- I am married to a USC. Have been married to the same person and kept my GC for the past 6 years.

2-I submitted N-400 as a spouse of a USC (based on the advice of a lawyer)

3-Have been in the states for more than 18 month during the past three years.

4-Have been out of the US for more than 6 months twice in the past 5 years (one more than 6 months absence in the past 3 years).

5-While abroad, I took employment overseas and didnt have a lease in USA. I never filed taxes because I made less than the amount required (have my correspondence with IRS about the matter). I kept a US bank account. I traveled back to USA between the long two trips and stayed here for about 4 months.

6-I have one absence of 366 days within the past 3 years (days of departure and arrival included). Received a transportation letter from a US consulate to come back because I didnt have my GC. I submitted my communication with the US consulate abroad with my N-400 app (I contacted the US consulate 3 months before completing a year n explained my circumstances--Not having GC handy as it wasnt issued yet. I just had a stamp in my passport that expired and airlines refused to sell tickets to me).

7- I have a rejected application for reentry permit (reason for rejection is a problem with signing the check). I didnt apply again because I had a plane to catch. My lawyer thinks that it is a good document. It shows my intention to return to USA.

8-Why did I go abroad for such long trips to begin with? My wife is a Phd student and she was doing research abroad. We are a family and wanted to be together. My wife's university gave us a letter that she was overseas for Phd research. We returned permanently to USA over a year ago. The letter clearly states that my wife's stay abroad was temporary. I looked into the exemption given to spouses of USCs affiliated with US research institutes recognized by the attorney general. Her university is listed, but she wasnt an employee! Not sure if researchers are included.

How do you think USCIS will look at this case?

Please post any questions if you need more facts.

You certainly have an interesting case. I'm sure USCIS have seen similar cases. Do you have plans of leaving the US for long periods of time again? If not why not wait to meet the continued residency requirement and file. That way you don't have to worry about a thing? Good luck

[rajur1212 0]

hello,

i actually have a similar case as yours.

i applied on my 5 yrs green card,and during that period i took 2 trips outside of US for more then 6 mnths,one for 7 mnths and one for 8mnths.

i have been in US for last 3 yrs continously,the trips were during my first 2 yrs,as i was doing my studies in my home country.

i had an interview and the IO was fine,he asked me alot of questions why,where,when.where did my family stay during my stay abroad.

i rcieved an RFE,and i submitted some documents,like my US driving license which was from last 7 yrs,tax documents of my parents in which i was dependent.

havent heard anything back from uscis from last 40 days.so lets see what happens.

will let you know.

[mandixon 9]

You certainly have an interesting case. I'm sure USCIS have seen similar cases. Do you have plans of leaving the US for long periods of time again? If not why not wait to meet the continued residency requirement and file. That way you don't have to worry about a thing? Good luck

No, I will be traveling for a few weeks in the summer. It is one of the reasons why I decided to file my N400. I want a US passport because the passport from country is about to expire and I will be dealing with a lot of bureaucracy to renew it and it will basically take the same amount of time like applying for US citizenship or even longer. The immigration lawyer that I consulted recommended waiting if nothing was urgent, but I told her about my passport situation, and she thought that it was ok to go for N400 now as long as I present a solid case.

I have already submitted my application! So no going back now!

hello,

i actually have a similar case as yours.

i applied on my 5 yrs green card,and during that period i took 2 trips outside of US for more then 6 mnths,one for 7 mnths and one for 8mnths.

i have been in US for last 3 yrs continously,the trips were during my first 2 yrs,as i was doing my studies in my home country.

i had an interview and the IO was fine,he asked me alot of questions why,where,when.where did my family stay during my stay abroad.

i rcieved an RFE,and i submitted some documents,like my US driving license which was from last 7 yrs,tax documents of my parents in which i was dependent.

havent heard anything back from uscis from last 40 days.so lets see what happens.

will let you know.

Thanks a lot for sharing your story! I wish you good luck...please post an update when you hear from USCIS.

[Paradise123 7]

Just a question: So you were out of the States for basically a year? Because that is very different than 6 months. Also I don't think a rejected reentry permit is going to do any good. Applying as a spouse does look like the better option because of your travels but I don't think that will be enough. Good luck though.

[mandixon 9]

Just a question: So you were out of the States for basically a year? Because that is very different than 6 months. Also I don't think a rejected reentry permit is going to do any good. Applying as a spouse does look like the better option because of your travels but I don't think that will be enough. Good luck though.

My original posting answers your question.

[VanessaTony 3,567]

What are the chances of my N-400 getting approved? These are the facts:

1- I am married to a USC. Have been married to the same person and kept my GC for the past 6 years. Okay so you're eligible based on 3 or 5 years

2-I submitted N-400 as a spouse of a USC (based on the advice of a lawyer) Probably due to your absences mentioned below equating to more time out (or close to more time out) than permitted if based on 5 years

3-Have been in the states for more than 18 month during the past three years. Good

4-Have been out of the US for more than 6 months twice in the past 5 years (one more than 6 months absence in the past 3 years). So you need to prove that you didn't break your continuous residence. Advice on what proof is required in the N-400 instructions

5-While abroad, I took employment overseas and didnt have a lease in USA. I never filed taxes because I made less than the amount required (have my correspondence with IRS about the matter). I kept a US bank account. I traveled back to USA between the long two trips and stayed here for about 4 months. Your wife file? Did she file separately or jointly? I believe you've shot yourself in the foot here.

6-I have one absence of 366 days within the past 3 years (days of departure and arrival included). You abandoned your GC by staying out over a year, it just hasn't been revoked yet. Based on this alone I believe your application will be denied, you may also face them revoking your GC due to abandonment...

6a - Received a transportation letter from a US consulate to come back because I didnt have my GC. Okay

6b - I submitted my communication with the US consulate abroad with my N-400 app (I contacted the US consulate 3 months before completing a year n explained my circumstances--Not having GC handy as it wasnt issued yet. I just had a stamp in my passport that expired and airlines refused to sell tickets to me). This doesn't protect your status and proves nothing.

7- I have a rejected application for reentry permit (reason for rejection is a problem with signing the check). I didnt apply again because I had a plane to catch. My lawyer thinks that it is a good document. It shows my intention to return to USA. I disagree with your lawyer. To me it show your intention to remain outside of the US for a significant period, not your intent to return

8-Why did I go abroad for such long trips to begin with? My wife is a Phd student and she was doing research abroad. We are a family and wanted to be together. My wife's university gave us a letter that she was overseas for Phd research. We returned permanently to USA over a year ago. The letter clearly states that my wife's stay abroad was temporary. I looked into the exemption given to spouses of USCs affiliated with US research institutes recognized by the attorney general. Her university is listed, but she wasnt an employee! Not sure if researchers are included. Nope. She was just a regular person. Her job means nothing. You being her spouse is irrelevant. You being a "family" is irrelevant. You chose to stay outside for longer than you should have. She also chose to travel at that time rather than waiting until citizenship. Her research was more important that your status.

Honestly, based on 4, 5 and 6 I believe your application will be denied. I also believe you're facing revocation of your GC because of 6 but only time will tell.

It's a good thing you hired a lawyer because I believe you will definitely need one.

[mandixon 9]

Honestly, based on 4, 5 and 6 I believe your application will be denied. I also believe you're facing revocation of your GC because of 6 but only time will tell.

It's a good thing you hired a lawyer because I believe you will definitely need one.

We both didnt file taxes when we lived abroad. I had an interview with a homeland security officer at the consulate in my country. I explained to him my circumstances and the reasons why I didnt have my GC. He was understanding and he issued me a letter of transportation ( a letter of transportation isnt issued to an LPR who is out of status). Out of status LPR applies for a returning resident visa. The letter was valid for one week beyond one year (he told me that i was allowed to stay another week in my country if i needed to).

When I returned back to the states, an airport/homeland security officer took me to a separate office to verify my letter and asked me the same questions i was asked at the consulate. She then told me to apply for a new green card as my older one was cancelled (i had to declare it lost according to the consulate's advice to get my letter of transportation). The GC took longer than expected to arrive by mail (a friend of mine mailed it from the states to me) so we assumed that it was lost.

I scheduled an infopass with USCIS soon after to inquire about my status and apply for a new green card then surprise surprise! the USCIS officer interviewed me about my long absences and stuff and after 15 mnts of talking he asked me " so what's ur problem? why r u here today?" I said homeland security cancelled my green card. he said "no, they didnt...your green card is FINE and u can still use it". My GC was sent to me from my country and im using it now. i traveled twice with it after this drama with no issues or questions (less than a month trips).

So taking my GC more than 2 years after this drama doesnt seem that possible to me, but u could be right. they could always say " we were wrong! now we got u". I think then i will have to leave and apply for a returning resident visa or my wife will petition for me to come back again on K1". Too bad because we now have a son and having to deal with the removal will disrupt our life.

Edited March 14, 2013 by mandixon

[mandixon 9]

Honestly, based on 4, 5 and 6 I believe your application will be denied. I also believe you're facing revocation of your GC because of 6 but only time will tell.

It's a good thing you hired a lawyer because I believe you will definitely need one.

Hi Vanessa & Tony,

I just wanted to updated everyone here, especially you because your evaluation was a bit straightforward. I passed my interview on May 29th. I wasnt approved during the interview. The officer asked specific questions about the reasons for my long travels and more questions to determine if I abondoned my residency. The interview went very smoothly.

After the interview, I received an online change of status that requested more evidence, and I started collecting what I could think of. But today I received a new change of status stating that I am being scheduled to take the oath. I think my wife and I won our case!

I dont want to get excited until I actually take that oath!

Thanks for your realistic comments above! It really helped in making me see things realisitically and prepare what I can.

[VanessaTony 3,567]

Hi Vanessa & Tony,

I just wanted to updated everyone here, especially you because your evaluation was a bit straightforward. I passed my interview on May 29th. I wasnt approved during the interview. The officer asked specific questions about the reasons for my long travels and more questions to determine if I abondoned my residency. The interview went very smoothly.

After the interview, I received an online change of status that requested more evidence, and I started collecting what I could think of. But today I received a new change of status stating that I am being scheduled to take the oath. I think my wife and I won our case!

I dont want to get excited until I actually take that oath!

Thanks for your realistic comments above! It really helped in making me see things realisitically and prepare what I can.

Fantastic news! I'm sorry I was so direct but I really am glad that it helped you be prepared rather than scaring you off! Oath day will be fantastic

[mandixon 9]

Fantastic news! I'm sorry I was so direct but I really am glad that it helped you be prepared rather than scaring you off! Oath day will be fantastic

Well, it didnt scare me (it got me thinking serisouly though) because I already talked to an experienced lawyer who has been working in immigration law for decades. She told me that the worst that could happen would be sending you to face an immigration judge, but then your wife will be able to stop any deportation attempt. But she didnt think that would happen at all because from my timeline and circumstances, the intent to come back to the states is there. USCIS doesnt care about the intent, but immigration courts do. According to my lawyer, It will be very difficult for the judge to rule that I moved overseas to stay there permanently (I was in a third country on tourist visas during my absences).

I doubled checked with a second laywer after reading your comments. The second lawyer confirmed what the first said and he seemed more positive that deportation or revocation of the green card arent on the table. He said what's at stake was the application fee!

Both lawyers didnt worry about me applying now! They just kept stressing on providing good initial evidence and cover letters to make sense of my case to USCIS.

I am glad the lawyers didnt take advantage of me. Both of them gave me the option to represent myself or hire a lawyer. They were like "you dont need a lawyer if you could do/show this or that...."

Thanks again! I'd rather hear realistic feedback then someone painting a rosy picture or not even taking the time to look at the details before passing a judgement.

I understand that you applied in April! How are things coming a long? I wish you good luck!

[VanessaTony 3,567]

Well, it didnt scare me (it got me thinking serisouly though) because I already talked to an experienced lawyer who has been working in immigration law for decades. She told me that the worst that could happen would be sending you to face an immigration judge, but then your wife will be able to stop any deportation attempt. But she didnt think that would happen at all because from my timeline and circumstances, the intent to come back to the states is there. USCIS doesnt care about the intent, but immigration courts do. According to my lawyer, It will be very difficult for the judge to rule that I moved overseas to stay there permanently (I was in a third country on tourist visas during my absences).

I doubled checked with a second laywer after reading your comments. The second lawyer confirmed what the first said and he seemed more positive that deportation or revocation of the green card arent on the table. He said what's at stake was the application fee!

Both lawyers didnt worry about me applying now! They just kept stressing on providing good initial evidence and cover letters to make sense of my case to USCIS.

I am glad the lawyers didnt take advantage of me. Both of them gave me the option to represent myself or hire a lawyer. They were like "you dont need a lawyer if you could do/show this or that...."

Thanks again! I'd rather hear realistic feedback then someone painting a rosy picture or not even taking the time to look at the details before passing a judgement.

I understand that you applied in April! How are things coming a long? I wish you good luck!

You've done what a lot of people wouldn't, been proactive so I can only commend you for that! Too many people just expect things to fall into place and I can only imagine how it would have been if you weren't prepared!

Filed in April yes, thank you for asking I'm in-line for interview so I suppose I could hear any day now! It's not a short drive (3 hours one way on a basically flat and desolate interstate!) so I was really hoping I could do same-day Oath but apparently my office doesn't offer it anymore. I'm still going to ask seeing I don't need to do a name change it doesn't need to be a fancy ceremony, otherwise I'll ask for it to be done in a ceremony closer to where I live (45 mins from home). It means waiting a bit longer (they only do them here once a month) but it'll still happen and that's the best part

Edited June 10, 2013 by VanessaTony

[Autumnal 25]

I think you hit the nail on the head with: "You provided good initial evidence and a cover letter."

Intent is what USCIS looks at, and without having you in front of them to start with, the immigration officers have to review your case taking into account variables that may not be explained out. Taking the extra time to carefully state what happened, the steps you took and the method/motive behind them, were probably very helpful. Especially when you were interviewed, it set the stage for someone taking the process seriously and willing to talk to USCIS/the consulate/other officials to correct a problem instead of acting evasively. At least the flags that might be raised were yellow instead of red, right?

Congrats on the oath!

[mandixon 9]

You've done what a lot of people wouldn't, been proactive so I can only commend you for that! Too many people just expect things to fall into place and I can only imagine how it would have been if you weren't prepared!

Filed in April yes, thank you for asking I'm in-line for interview so I suppose I could hear any day now! It's not a short drive (3 hours one way on a basically flat and desolate interstate!) so I was really hoping I could do same-day Oath but apparently my office doesn't offer it anymore. I'm still going to ask seeing I don't need to do a name change it doesn't need to be a fancy ceremony, otherwise I'll ask for it to be done in a ceremony closer to where I live (45 mins from home). It means waiting a bit longer (they only do them here once a month) but it'll still happen and that's the best part

Good luck with the rest of the process!

[mandixon 9]

A US citizen against all odds! I took my oath yesterday.