Citizen Eligibility When to Apply! Pls help...

[Paps IR5 6]

P.S. I posted the same question a week ago but not getting any response not even one!

If you could help her out I appreciate it and thank you so much!

This question is for my friend:

She came to US as K1 in MAY 2009. Married and live in US (she stayed here in US for 33 months.) She is a 10 years GC holder.

She then return to Philippines in Feb 2012. Then she return to GUAM in Jan 2014 and now living in Hawaii.

Here's the questions:

1~ Is her residency prior to her returning to Phils does not count towards her residency to apply for citizenship?

2~She stayed in Phils for 11 months and been living in Hawaii for 3 months now. When does she eligible to apply for citizenship?

Thank you in advance!

Edited June 12, 2014 by Paps IR5

[Hypnos 6,576]

1) Correct.

2) If she is married to a US citizen then she can file 90 days before the three year anniversary of entering Guam, as she won't meet the continuous residence requirements until then, so January 2017 minus 90 days (~October 2016).

Edited June 12, 2014 by Hypnos

[rbacon 1]

PAPS,

Is the subject married to a U.S. citizen? If so, for how long?

You said she moved to Guam in Jan 2014, after being in Phils since Feb 2012. That's a 23-month break in continuous residency. But you then said she was in Phils for only 11 months. How long was she out of the U.S., 11 months of 23 months?

--Ray B

P.S. I posted the same question a week ago but not getting any response not even one!

If you could help her out I appreciate it and thank you so much!

This question is for my friend:

She came to US as K1 in MAY 2009. Married and live in US (she stayed here in US for 33 months.) She is a 10 years GC holder.

She then return to Philippines in Feb 2012. Then she return to GUAM in Jan 2014 and now living in Hawaii.

Here's the questions:

1~ Is her residency prior to her returning to Phils does not count towards her residency to apply for citizenship?

2~She stayed in Phils for 11 months and been living in Hawaii for 3 months now. When does she eligible to apply for citizenship?

Thank you in advance!

[Paps IR5 6]

1) Correct.

2) If she is married to a US citizen then she can file 90 days before the three year anniversary of entering Guam, as she won't meet the continuous residence requirements until then, so January 2017 minus 90 days (~October 2016).

Thank you Hypnos.

[Paps IR5 6]

PAPS,

Is the subject married to a U.S. citizen? If so, for how long?

You said she moved to Guam in Jan 2014, after being in Phils since Feb 2012. That's a 23-month break in continuous residency. But you then said she was in Phils for only 11 months. How long was she out of the U.S., 11 months of 23 months?

--Ray B

Ray B Thank u for replying, actually there was a typo.

She came to US as K1 in MAY 2009.

She return to Phil in feb. 2013 (stayed Phils 11 months)

then she enter Guam for 4 days only In Jan 2014 and returned after that back to the Philippines. (stayed PHILS another 4 months)

Then she enter Hawaii in May 2014

So when she is eligible to apply for citizenship?

Edited June 14, 2014 by Paps IR5

[rbacon 1]

Paps,

The two "gotchas" with the subject's history are:

1. Her 11 month absence in 2013 could be interpreted as a break in the "continuous residency" requirement.

2. Whether she is still married to a U.S. citizen (assuming she married her K1 petitioner and remained married).

If still married to a U.S. citizen, her "safe' citizenship eligiblity date could be 2 years and 9 months from her last reentry in May 2014 (January 2017).

Her itinerary so far has all the earmarks of a determined attempt to retain her Green Card status, but a disregard for the genuine "continuous residency" in U.S. for naturalization eligibility.

--Ray B

Ray B Thank u for replying, actually there was a typo.

She came to US as K1 in MAY 2009.

She return to Phil in feb. 2013 (stayed Phils 11 months)

then she enter Guam for 4 days only In Jan 2014 and returned after that back to the Philippines. (stayed PHILS another 4 months)

Then she enter Hawaii in May 2014

So when she is eligible to apply for citizenship?