Citizenship Eligibility

[jana_victoria123 0]

Hi... hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006. Would this affect his eligibilty to be an American Citizen??

-got married Dec 2005

-hubby plans to file the I-130 by June 2006

-hubby would be visiting me every 6 mos but wont be exceeding 6 mos outside US.

-hubby would be applying citizenship by Feb 2010.

-Hubby would then be adjusting his status for my petition.

*** do u think this would work? or would it be best not to file the I-130 yet for me to be eligble w/ non immigrant visas like (working visa/tourist/sponsorship/student)

pls enlighten me..

tnx...

Edited March 27, 2006 by cloe

[zyggy 9]

Hi... hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006. Would this affect his eligibilty to be an American Citizen??

-got married Dec 2005

-hubby plans to file the I-130 by June 2006

-hubby would be visiting me every 6 mos but wont be exceeding 6 mos outside US.

-hubby would be applying citizenship by Feb 2010.

-Hubby would then be adjusting his status for my petition.

*** do u think this would work? or would it be best not to file the I-130 yet for me to be eligble w/ non immigrant visas like (working visa/tourist/sponsorship/student)

pls enlighten me..

tnx...

Don't know what is so complicated about it...

1)has been lawfully admitted for permanent residence (see preceding section);

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

3)has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

4)has resided within a state or district for at least three months

[jana_victoria123 0]

was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me..

also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen...

Edited March 27, 2006 by cloe

[gag54611 1]

hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!!

G

[john_and_marlene 162]

Has he maintained a U.S. residence for the past year while he has been away?

[jana_victoria123 0]

Has he maintained a U.S. residence for the past year while he has been away?

what do u mean?? can u pls explain further?

-hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006...

hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!!

G

Hubby has his flight skeduled this April 3 2006... would there b a problem??

[john_and_marlene 162]

Has he maintained a U.S. residence for the past year while he has been away?

what do u mean?? can u pls explain further?

-hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006...

hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!!

G

Hubby has his flight skeduled this April 3 2006... would there b a problem??

He left the U.S. soon after gaining LPR. He has been gone for over 6 months. If he cannot show that he did not abandon his residence (did not have a domocile in the U.S.) then the clock starts over again for the 5 years.

The concept of “continuous residence” concerns the maintenance of the applicant’s domicile in the United States over the period of time required by the statute. Regulations provide the general rule that for naturalization purposes the residence in question “is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.” (See 8 CFR 316.5(a)).

1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.

Edited March 27, 2006 by john_and_marlene

[gag54611 1]

was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me..

also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen...

Let's try to clarify:

Yes, he can file the I-130 as an LPR.

Yes, he is eligible for citizenship even if he visits you every 6 months, BUT he may only stay in the Phillipines for less than 6 months at a time.

If your husband's parents sponsor you to get a green card, you will wait even longer than all of the suggestions that have been made previously.

My recommendations are:

1. Get your husband to file the I-130 ASAP.

2. Ensure that your husband returns to the USA before his current visit with you exceeds 1 year.

3. Since your husband became a permanent resident in April 05, but then left for the Phillipines 1 month later, and he still isn't back here, he has only accrued 1 month of the 30 months needed to be able to apply for citizenship after 5 years of green card holding. Therefore, he has to accrue the remaining 29 months over the next 4 years. So, if he visits you every 6 months, then each visit with you should be limited to 2 months at the most. This means that you'll see him for 4 months of the year, and the other 8 months he'll be in the USA. Hence, 4 years * 8 months = 32 months. This means that he'll slightly exceed the 30 month requirement.

4. I do not recommend that you try to circumvent the process by entering on any other type of visa. Your chances of getting such a visa anyway are slim, given that your application will show that you are married to a US permanent resident.

Its your choice, of course.

Best of luck,

G

[john_and_marlene 162]

Here is the link:

http://uscis.gov/lpbin/lpext.dll/inserts/a...pter-32-73-46-3

Mere possession of a Permanent Resident Card for the period of time required by the law does not in itself establish the applicant’s continuous residence for naturalization purposes; actual maintenance of his or her principal dwelling place in the United States is required. For example, a "commuter alien" may have held and used a PRC, as allowed by 8 CFR 211.5, for 7 years, but would not be eligible for naturalization until he or she had actually taken up permanent residence in the United States and maintained such residence for the required statutory period. (See 8 CFR 316.5(B)(3).)

[jana_victoria123 0]

Has he maintained a U.S. residence for the past year while he has been away?

what do u mean?? can u pls explain further?

-hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006...

hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!!

G

Hubby has his flight skeduled this April 3 2006... would there b a problem??

He left the U.S. soon after gaining LPR. He has been gone for over 6 months. If he cannot show that he did not abandon his residence (did not have a domocile in the U.S.) then the clock starts over again for the 5 years.

The concept of “continuous residence” concerns the maintenance of the applicant’s domicile in the United States over the period of time required by the statute. Regulations provide the general rule that for naturalization purposes the residence in question “is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.” (See 8 CFR 316.5(a)).

1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.

does it mean hubby's clock starts over again?? but he didnt went over a year...

[john_and_marlene 162]

Has he maintained a U.S. residence for the past year while he has been away?

what do u mean?? can u pls explain further?

-hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006...

hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006

2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!!

G

Hubby has his flight skeduled this April 3 2006... would there b a problem??

He left the U.S. soon after gaining LPR. He has been gone for over 6 months. If he cannot show that he did not abandon his residence (did not have a domocile in the U.S.) then the clock starts over again for the 5 years.

The concept of “continuous residence” concerns the maintenance of the applicant’s domicile in the United States over the period of time required by the statute. Regulations provide the general rule that for naturalization purposes the residence in question “is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.” (See 8 CFR 316.5(a)).

1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.

does it mean hubby's clock starts over again?? but he didnt went over a year...

between 6 months and 1 year you have to be able to show that you maintained a domicile in the U.S. Over 1 year you have to have prior approval to be gone and maintain residency.

Unless he can show that he maintained his domicile in the U.S. while he was away, then the 5 years for naturalization starts over again.

This does not preclude him from petitioning you as an LPR or hurt that time at all ... it just means his 5 years of continuous U.S. residence starts over for qualification to naturalize.

[jana_victoria123 0]

was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me..

also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen...

Let's try to clarify:

Yes, he can file the I-130 as an LPR.

Yes, he is eligible for citizenship even if he visits you every 6 months, BUT he may only stay in the Phillipines for less than 6 months at a time.

If your husband's parents sponsor you to get a green card, you will wait even longer than all of the suggestions that have been made previously.

My recommendations are:

1. Get your husband to file the I-130 ASAP.

2. Ensure that your husband returns to the USA before his current visit with you exceeds 1 year.

3. Since your husband became a permanent resident in April 05, but then left for the Phillipines 1 month later, and he still isn't back here, he has only accrued 1 month of the 30 months needed to be able to apply for citizenship after 5 years of green card holding. Therefore, he has to accrue the remaining 29 months over the next 4 years. So, if he visits you every 6 months, then each visit with you should be limited to 2 months at the most. This means that you'll see him for 4 months of the year, and the other 8 months he'll be in the USA. Hence, 4 years * 8 months = 32 months. This means that he'll slightly exceed the 30 month requirement.

4. I do not recommend that you try to circumvent the process by entering on any other type of visa. Your chances of getting such a visa anyway are slim, given that your application will show that you are married to a US permanent resident.

Its your choice, of course.

Best of luck,

G

I see.. U made things clear to me.. meaning his almost 1 yr stay here is also included.. am i right?? riyt now what we need to have is 29 mos more...

Hubbys parent would like to sponsor me as a tourist and not as a green card holder.. is that possible? will that be faster???

Btw.. i would tell hubby that the moment he comes back to US to file the I-130 right away... i believe our w8 time would be 4yrs frm now like what **jhon & marlene** told me so..

one more thing... if the i-130 has been filed am i still eligble for any kind of non immgrant visa or not anymore??

thankies

[john_and_marlene 162]

was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me..

also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen...

Let's try to clarify:

Yes, he can file the I-130 as an LPR.

Yes, he is eligible for citizenship even if he visits you every 6 months, BUT he may only stay in the Phillipines for less than 6 months at a time.

If your husband's parents sponsor you to get a green card, you will wait even longer than all of the suggestions that have been made previously.

My recommendations are:

1. Get your husband to file the I-130 ASAP.

2. Ensure that your husband returns to the USA before his current visit with you exceeds 1 year.

3. Since your husband became a permanent resident in April 05, but then left for the Phillipines 1 month later, and he still isn't back here, he has only accrued 1 month of the 30 months needed to be able to apply for citizenship after 5 years of green card holding. Therefore, he has to accrue the remaining 29 months over the next 4 years. So, if he visits you every 6 months, then each visit with you should be limited to 2 months at the most. This means that you'll see him for 4 months of the year, and the other 8 months he'll be in the USA. Hence, 4 years * 8 months = 32 months. This means that he'll slightly exceed the 30 month requirement.

4. I do not recommend that you try to circumvent the process by entering on any other type of visa. Your chances of getting such a visa anyway are slim, given that your application will show that you are married to a US permanent resident.

Its your choice, of course.

Best of luck,

G

I see.. U made things clear to me.. meaning his almost 1 yr stay here is also included.. am i right?? riyt now what we need to have is 29 mos more...

Hubbys parent would like to sponsor me as a tourist and not as a green card holder.. is that possible? will that be faster???

Btw.. i would tell hubby that the moment he comes back to US to file the I-130 right away... i believe our w8 time would be 4yrs frm now like what **jhon & marlene** told me so..

one more thing... if the i-130 has been filed am i still eligble for any kind of non immgrant visa or not anymore??

thankies

The presumption is that he abandoned his residence if he was gone over 6 months. He must overcome this presumption by providing evidence that he maintained a domicile in the U.S. for this past year to be included and not start over again.

[jana_victoria123 0]

what does this mean??

Unless he can show that he maintained his domicile in the U.S. while he was away...

what is domicile...

sorry for asking a lot of questions..

[john_and_marlene 162]

what does this mean??

Unless he can show that he maintained his domicile in the U.S. while he was away...

what is domicile...

sorry for asking a lot of questions..

Residence .... dwelling ... house .... apartment ... boarding room ...

It looks to me that his residence has been in the Philippines for the past year and he probably doesn't have a dwelling he's maintaining in the U.S. for which he could show he was making rent payments or utility payments or other proof that he still had a dwelling in the U.S.

One of the factors for determining whether he maintained a U.S. domicile is also immediate family members residing in the U.S., but it is not the only factor and I think he may not overcome the presumption that he made his domicile outside the U.S. with you as you are his immediate family too.