Citizenship, please help.

[stavroula58 8]

Hi everyone,

I became a LPR on January 2009. I am married to an American citizen for more than 27 years. We have two sons both American citizens, permanent US residents. We have our own house (no mortgages) in the States for more than 7 years (it belongs to my husband). We never fail to file taxes. We have a joint back account. Home insurance in both names.

During the last 5 years I have multiple trips abroad. One of them is 510 days (8/18/2011-1/10/2013) and I have a re-entry permit for this. Since then I have one trip in 2013 for 74 days, one in 2014 for 166 days and 2 in 2015 for 82 and 52 days. Total days abroad 1054 for the last 5 years. My most recent arrival is on 8/20/2015.

I know I met the continuous residence and physical presence criteria on 3 years base of an American citizen spouse.

But my problem is that my husband has a job contract abroad (he is a PhD biology scientist) in a European research institute for 2-3 more years. (Nonfederal, nor military or even in an American company). After my husband's job contract ends, we plan to return permanently in the States to be with our sons.

I have many long trips abroad as you can see, in order to be with my husband.

Do you think that this will be an issue on my interview? Do I have any possibility to get the citizenship?

I already put the same question to "Ask a Lawyer" about one hour ago. They already charge me $5 and I have no answer yet.

[NexGen 8]

Hi everyone,

I became a LPR on January 2009. I am married to an American citizen for more than 27 years. We have two sons both American citizens, permanent US residents. We have our own house (no mortgages) in the States for more than 7 years (it belongs to my husband). We never fail to file taxes. We have a joint back account. Home insurance in both names.

During the last 5 years I have multiple trips abroad. One of them is 510 days (8/18/2011-1/10/2013) and I have a re-entry permit for this. Since then I have one trip in 2013 for 74 days, one in 2014 for 166 days and 2 in 2015 for 82 and 52 days. Total days abroad 1054 for the last 5 years. My most recent arrival is on 8/20/2015.

I know I met the continuous residence and physical presence criteria on 3 years base of an American citizen spouse.

But my problem is that my husband has a job contract abroad (he is a PhD biology scientist) in a European research institute for 2-3 more years. (Nonfederal, nor military or even in an American company). After my husband's job contract ends, we plan to return permanently in the States to be with our sons.

I have many long trips abroad as you can see, in order to be with my husband.

Do you think that this will be an issue on my interview? Do I have any possibility to get the citizenship?

I already put the same question to "Ask a Lawyer" about one hour ago. They already charge me $5 and I have no answer yet.

I don't want to steer you in the wrong direction because it seems like the long trip in 2011 could be an issue so I am going to suggest that you also post your question on www.avvo.com. It's free to ask questions and mostly attorneys respond. Many of them locally based just in case you need a referal if you decide to hire an attorney. Best of luck with your application.

[stavroula58 8]

I don't want to steer you in the wrong direction because it seems like the long trip in 2011 could be an issue so I am going to suggest that you also post your question on www.avvo.com. It's free to ask questions and mostly attorneys respond. Many of them locally based just in case you need a referal if you decide to hire an attorney. Best of luck with your application.

Thanks a lot for the quick reply. I will post my question to www.avvo.com as you said.

[newacct 688]

Why do you think there will be any issue? The only thing the long trips mattered for is breaking continuous residence, but you meet the continuous residence requirement despite that. By the way, after a trip abroad of more than 1 year, you are considered to meet the continuous residence requirement 2 years + 1 day (if applying under the 3-year rule) after returning from that trip (which happened on 1/11/2015). So once you met the physical presence requirement (18 months in the last 3 years), which should have happened in the middle of 2015, you were eligible to apply for naturalization.

[stavroula58 8]

Why do you think there will be any issue? The only thing the long trips mattered for is breaking continuous residence, but you meet the continuous residence requirement despite that. By the way, after a trip abroad of more than 1 year, you are considered to meet the continuous residence requirement 2 years + 1 day (if applying under the 3-year rule) after returning from that trip (which happened on 1/11/2015). So once you met the physical presence requirement (18 months in the last 3 years), which should have happened in the middle of 2015, you were eligible to apply for naturalization.

Thank you for your reply. My problem is my marital status because my husband works and live abroad. In the first paragraph of the following portion says that "to live in marital union with his or her citizen spouse if the applicant and the citizen actually reside together.

"

D. Marital Union ​and Living in Marital Union​

​

1. Married and Living in Marital Union​

​

In general, a​ll naturalization applicants filing on the basis of marriage to a U.S. citizen must ​be the spouse of a U​.S. c​itizen from the time of filing the ​A​pplication for ​N​aturalization until the applicant takes the ​O​ath of ​A​llegiance.​ ​In addition, some spousal naturalization provisions require that the applicant “​live in marital union” with ​his or her ​citizen spouse ​prior to ​filing​ the ​A​pplication for ​N​aturalization​.​ [19] ​USCIS considers an applicant to ​“​live in marital union​”​ with his or her citizen spouse if the applicant and the citizen ​actually ​reside together​.​

​

A​n ​applicant under the special provisions for spouses ​is​ ineligible ​for naturalization ​if​:​

​

•The ​applicant is not residing with his or her ​United States citizen ​spouse​ at the time of filing or during the time in which the applicant ​is required to be living ​in marital union with the citizen spouse; or​

​

•If at any time prior to taking the Oath of Allegiance, the ​spousal relationship is terminated or altered to such an extent that neither the applicant nor ​the United States ​citizen spouse can be considered to be residing together as husband and wife.​

​

There are ​limited​ circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse​.​ [20]

​

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her ​U.S.​ citizen spouse for the required period of time.​ [21]

​"

[moekaroit 1]

In my honest opinion ?

you are eligible big time for an american citizenship, you are and I dont see any issue with this

let me put it to you this way:

one of the main reasons for a N400 to be rejected is the lack of morals or so... but yet they ask for your criminal records and court records, why do you think is that?

it is because the officer will have the superior hand in accepting or rejecting, he puts the law at one hand but his discretion has the powerful weapon!

so even if the law says you have to establish few things about residency... it also said you can submit proof and documents regarding those trips, one of those documents is a reason of those trips!

yet I need you to clarify to your self one thing, is your husband really tied to the US? I mean is he really residing in the US and only goes to europe for work?
to answer this to the IO he will ask about his status abroad, does he have a house abroad? did you guys establish a life over there?

if you can prove to the officer that your life in europe is work related only? you are fine

your husband is a great professional, he has a phd, he works a good job, you have 2 kids, been married for 27 years

do you think the IO will disregard all this, and then tell you 'you had few long trips, you dont qualify'?

as i said, if you can prove that you both had ties to the USA, (paying taxes, owning a home, paying bills) you are fine

[stavroula58 8]

In my honest opinion ?

you are eligible big time for an american citizenship, you are and I dont see any issue with this

let me put it to you this way:

one of the main reasons for a N400 to be rejected is the lack of morals or so... but yet they ask for your criminal records and court records, why do you think is that?

it is because the officer will have the superior hand in accepting or rejecting, he puts the law at one hand but his discretion has the powerful weapon!

so even if the law says you have to establish few things about residency... it also said you can submit proof and documents regarding those trips, one of those documents is a reason of those trips!

yet I need you to clarify to your self one thing, is your husband really tied to the US? I mean is he really residing in the US and only goes to europe for work?

to answer this to the IO he will ask about his status abroad, does he have a house abroad? did you guys establish a life over there?

if you can prove to the officer that your life in europe is work related only? you are fine

your husband is a great professional, he has a phd, he works a good job, you have 2 kids, been married for 27 years

do you think the IO will disregard all this, and then tell you 'you had few long trips, you dont qualify'?

as i said, if you can prove that you both had ties to the USA, (paying taxes, owning a home, paying bills) you are fine

Thanks for your reply.

It is very encouraging to proceed with my N 400 application. But I have one more question. Does my husband need to be with me on my interview date?

[kovacs 20]

No.

Thanks for your reply.

It is very encouraging to proceed with my N 400 application. But I have one more question. Does my husband need to be with me on my interview date?

[moekaroit 1]

Thanks for your reply.

It is very encouraging to proceed with my N 400 application. But I have one more question. Does my husband need to be with me on my interview date?

Actually he can't be with your interview day, he can just enter the building with you, but not the room tho

good luck