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Filing for Citizenship While Living Apart

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

I'm the USC in our relationship.  We are currently living in my husband's country.  We've filed the I 130 but haven't made it to NOA2 yet.  This is for the future but we are trying to make plans that may be greatly affected by this.....

 

My in-laws are fairly old and not in the best of health, especially my MIL.  It is possible that in the near future they will need help with day to day life.  They have only my husband and his sister, she lives with them.  She isn't very reliable or helpful unless it's something she wants.  Basically, we wouldn't feel good about leaving her responsible for taking care of them.

 

What is going to happen if we get to the States and in some time, I need to return here to take care of them?  My husband will, God-willing, be working in America so it won't be possible for him to do it.  He will have a 10 year GC if/when we go as we've been married over two years now.  

So, if we get there and a year later I come back to take care of my in-laws, will he be able to file for citizenship later if we aren't physically living together?  Sorry if this has been cover but I haven't found anything new about it, but I did find something on Avvo saying that the requirements changed in 2013 so I would like to get some confirmation, please.  

Thank you for your time. 

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Filed: Citizen (apr) Country: Cameroon
Timeline

Your husband won't be eligible to apply for U.S citizenship just 1 year after immigrating to the States with his 10 year green card. He will have to live in the states as a lawful permanent resident for 3 years (he could file as early as 90 days prior to his 3rd anniversary of of being a permanent resident though). Again there are physical residency requirements to be met as well during that time. Absenses from the U.S. greater than 6 months will break his physical residency requirement. Again part of the other requirement will be for him to be married to and living with the U.S. citizen spouse for the last 3 years as well to be eligible.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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Filed: IR-1/CR-1 Visa Country: Tunisia
Timeline

Yes, I'm aware that he can't file until a minimum of three years.  My questions is that if I were to leave after a period (e.g. one year or something) to come back to take care of his parents, would he be able to file citizenship at some point in the future?  I know it is at least three years and for people without green card by marriage five years.  We would still be married, just living separately and he would have the continuous residency in America as he wouldn't be leaving, just me. 

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