Tricky timing...do I have time to naturalize, should I make time?

[ajhigh 2]

I came to the US in 2012 on a work visa (Australian - E3), then got married and adjusted status. My conditional GC was granted in 09/2014, I applied to remove conditions in 06/2016, and did my biometrics appointment in 06/2016. I received an extension letter which I have been using to travel. I am expecting my 10 year GC to arrive soon, as it's been close to 10 months.

 

I am eligible to apply for citizenship this June (90 days before I will have had GC for 3 years). However, I am weighing up a job offer that would see us relocate our family from US to NZ sometime in 2018. They would like me to start in January. 

 

I have a feeling, based on current processing times, that if I apply for citizenship in June, I won't have even had the interview, let alone the ceremony, by December 2017. Two questions:

 

1) Is it possible that I *would* be done with naturalization by January 2018, given that our case is straightforward (we've had a kid since last interview, own a home together, live together, heaps of evidence of relationship)?

 

2) If I have the interview, but have not become a citizen, when we move, am I still allowed to naturalize? i.e. if we moved in the window between approval + ceremony...

 

3) If I apply in June, and we move in January, will that be considered abandoning the application? What would the ramifications of that be in terms of my 10 year GC?

[milimelo 4,481]

As long as you have someone to watch your mail for naturalization ceremony you should be fine. And don't stay too long outside the U.S. 

 

Hopefully processing times improve but you can check in last year's June filers tracker to see how long someone in your USCIS field office took to naturalize. Then check in Jan 2017 group and see how far along they are. 

[charmander 692]

You might need to make trips for your interview and oath ceremony after you move. However, not sure if having a job abroad would risk naturalization in the sense they would ask you about your employment history at the interview, and when you tell them you are currently employed at NZ for a permanent position, they might think you abandoned your GC. Maybe you could consult with an immigration attorney specifically on this overseas employment; or try using advanced search and find people who went through N400 process while employed abroad.

 

regarding N400 timelines; I found one recent Chicago filer from mid-December 2016 scheduled an interview for beginning of May 2017. Maybe they are back to 6-7 months processing time. http://www.visajourney.com/timeline/profile.php?id=131879

 

Who knows maybe you'll be done even before January. Good luck!

 

[MyJourney 276]

Just think, what really is accepting a foreign job offer, is it "travel abroad" or is it an "address change"? It is more likely that you will not be done by January 2018. What happens then? Are you going to be "traveling" on a "business trip" (that is not counted towards your 600 days outside the US) or are you going to report an "address change"?
I think it would be better to go on your own for the first 2-3 months and see what is it like over there and avoid the "address change" thing altogether. Remember the 3-months probation period is for BOTH the employer and the employee. Don't move there without making sure that it is a good place to move with your family and kids. That way you don't have to report "address change".

[candybabe 46]

17 hours ago, ajhigh said:

I came to the US in 2012 on a work visa (Australian - E3), then got married and adjusted status. My conditional GC was granted in 09/2014, I applied to remove conditions in 06/2016, and did my biometrics appointment in 06/2016. I received an extension letter which I have been using to travel. I am expecting my 10 year GC to arrive soon, as it's been close to 10 months.

 

I am eligible to apply for citizenship this June (90 days before I will have had GC for 3 years). However, I am weighing up a job offer that would see us relocate our family from US to NZ sometime in 2018. They would like me to start in January. 

 

I have a feeling, based on current processing times, that if I apply for citizenship in June, I won't have even had the interview, let alone the ceremony, by December 2017. Two questions:

 

1) Is it possible that I *would* be done with naturalization by January 2018, given that our case is straightforward (we've had a kid since last interview, own a home together, live together, heaps of evidence of relationship)?

 

2) If I have the interview, but have not become a citizen, when we move, am I still allowed to naturalize? i.e. if we moved in the window between approval + ceremony...

 

3) If I apply in June, and we move in January, will that be considered abandoning the application? What would the ramifications of that be in terms of my 10 year GC?

Accepting a permanent job offer outside the US while a GC holder could be easily seen as abandoning your permanent resident status.

 

I would presume it would make much more sense to not jeopardize your permanent status, and only consider relocating for a permanent job outside the US after you have obtained US citizenship and are not required to maintain continuous residence.

 

Otherwise you risk losing everything as far as status here for an unsecured job - employment at will while the company in NZ can replace you fairly easily if things don't work out.  I would not gamble my personal rights on the line for a job, regardless of how good the offer, until I was certain I could legally do it.

 

I am not an immigration lawyer / specialist.