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US Perm Resident by Marriage Studying Out of Country - Citizienship?

By msherema in US Citizenship General Discussion

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msherema Rookie

msherema   1

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Filed: Other Country: Canada
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Hi - I have been a green card holder since 2007 and am now studying outside of the country (my American husband and son are both with me). I am wondering if I can apply for citizenship while away? I have been gone for a year and a half, and realize we may one day want to return to the US and so would like to apply for citizenship but not sure if I am allowed while away

Thanks!

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JimmyHou
JimmyHou

You defininitely have to meet the permanent residence and continuous residence requirements if you are a student. And applying based on marriage does not change this. -You have likely already lost y

NigeriaorBust
NigeriaorBust

If you have been out of the country for more than a year without a reentry permit your clock is reset to 0, you have no days accrued towards qualifying to apply for citizenship. In theory you have ab

Ontarkie
Ontarkie

Sounds like who ever told you that your PR remains as long as you are living with your husband has mixed up Canadian PR and the US PR. A Canadian PR can retain their Permanent residents status living

Boiler Grand Master

Boiler   45,767

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Filed: K-1 Visa Country: Wales
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The initial question is are you a US permanent resident. You make it sound like you are not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,767

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Filed: K-1 Visa Country: Wales
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You said you have moved to Canada?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Asia Mentor

Asia   2,498

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Filed: Timeline
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Well, I as I mentioned I have a green card (i.e., I am a permanent resident). I left the country after having the conditions lifted on my green card.

Have you got re-entry permit before leaving 18 months ago?

If not, you might not be a LPR anymore, despite having GC.

How have you maintained your permanent residency in the US?

msherema Rookie

msherema   1

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Filed: Other Country: Canada
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That's the problem - I didn't do anything. We just left. However, I read recently that if you immigrate through marriage you don;t have to maintain it? Also, as a student I thought perhaps I would be fine. I could be wrong. Maybe I need to find an immi lawyer. Ugghhh...I hate this stuff.

Boiler Grand Master

Boiler   45,767

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Filed: K-1 Visa Country: Wales
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Posted

Sounds like you are not permanently residing in the US.

Only really an issue if on future you wish to do so.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JimmyHou Experienced

JimmyHou   611

Posted
Filed: Citizen (apr) Country: Egypt
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That's the problem - I didn't do anything. We just left. However, I read recently that if you immigrate through marriage you don;t have to maintain it? Also, as a student I thought perhaps I would be fine. I could be wrong. Maybe I need to find an immi lawyer. Ugghhh...I hate this stuff.

You defininitely have to meet the permanent residence and continuous residence requirements if you are a student. And applying based on marriage does not change this.

-You have likely already lost your permanent residency, in this case you can reapply for a green card once you are ready to move back.

-If they decide you haven't lost your permanent residency, then you need to move back to the U.S. and live here for 3 years if you want to apply based on marriage to a US citizen. You will still have to explain your long absence at the time of your interview and you'll have to demonstrate that you always intended to return to the U.S.

I don't think you need a lawyer, if you cut ties to the U.S. when you left, you need to officially abandon your green card so you can apply for a new one and start over. If you have significant ties to the U.S., like a house, you might be able to argue that you didn't abandon your permanent residency. Either way, you can't apy for citizenship anytime soon.

Personally, I would officially relinquish my green card and then apply for a new one when you're ready to move.

Also remember that you should have been filing US tax returns this whole time as a PR.

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Boiler Grand Master

Boiler   45,767

Posted
Filed: K-1 Visa Country: Wales
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Posted

You say your Husband is with you.

Did he immigrate?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,767

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Apart from anything else OP never mentioned wanting to come back to the US anytime soon.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
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Posted

Hi - I have been a green card holder since 2007 and am now studying outside of the country (my American husband and son are both with me). I am wondering if I can apply for citizenship while away? I have been gone for a year and a half, and realize we may one day want to return to the US and so would like to apply for citizenship but not sure if I am allowed while away

Thanks!

You're not only not allowed while you're away, you not meeting every single requirement for applying for citizenship and being away from US that long you abandoned your residency / green card.

msherema Rookie

msherema   1

Posted
Filed: Other Country: Canada
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Posted

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Well you don't accept other member's responses so it is no point asking. You can always try to cross the border to see what they say.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

 
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