Citizenship Eligibility

[I'm Gone 60]

Suggest you look at this:

http://uscis.gov/graphics/services/natz/insfnl.pdf

[gag54611 1]

Domicile Defined

4. The new regulations define domicile as follows:

'Domicile means the place where a sponsor has a residence, as defined in section 101(a)(33) of the Act in the United States, with the intention to maintain that residence for the foreseeable future, provided, that a permanent resident who is living abroad temporarily shall be considered to be domiciled in the United States if the permanent resident has applied for and obtained the preservation of residence benefit under section 316(B) or section 217 of the Act and provided further, that a citizen who is living abroad temporarily shall be considered to be domiciled in the United States if the citizen's employment abroad meets the requirements of section 319(B)(1) of the Act." (Note: "The Act' refers to the INA.)

I found that definition at this web page.

When he comes back to the USA, where does he live? Does he own or rent a home?

If he has none of these, then domicile might be tough to prove.

G

[john_and_marlene 162]

Returning to the U.S. in under 1 year preserves his LPR status but not his continuous presence for naturalization.

[jana_victoria123 0]

I see..

Hubby's parents live in US as well as his sister... all of them are US citizen except for him becoz his petition was approved before he turned 21..

Hubby doesnt have any house yet in US for he lives w/ his parents during his stay in US...

--its just sad that his clock starts over again...

-------------but i guess petitioning me even if he is an LPR wont hurt bcoz basing on what u've said and what the priority dates shows.. waiting time is 4 yrs (as an LPR) and even if we wait till he become a citizen, i believe it would take longer... becoz his clock starts over again...........

THANK YOU SO MUCH,,,

hubby would be filing the i-130 the moment he comes back to US... he is thinking of getting a lawyer regarding this... i hope it would help.

[john_and_marlene 162]

I see..

Hubby's parents live in US as well as his sister... all of them are US citizen except for him becoz his petition was approved before he turned 21..

Hubby doesnt have any house yet in US for he lives w/ his parents during his stay in US...

--its just sad that his clock starts over again...

-------------but i guess petitioning me even if he is an LPR wont hurt bcoz basing on what u've said and what the priority dates shows.. waiting time is 4 yrs (as an LPR) and even if we wait till he become a citizen, i believe it would take longer... becoz his clock starts over again...........

THANK YOU SO MUCH,,,

hubby would be filing the i-130 the moment he comes back to US... he is thinking of getting a lawyer regarding this... i hope it would help.

I think we've finally cleared this up. The best part is that none of the naturalization timeline will delay you joining him here. And, now he's aware of the implications of longer trips on his naturalization eligibility.

[jana_victoria123 0]

it would be best if hubby would be filing the 1-130 right away, we dont have to wait for his citizenship any longer...

bcoz waiting for his citizenship would prolong the time that we are apart.

thankyou guys!! ill keep u posted!

I see..

Hubby's parents live in US as well as his sister... all of them are US citizen except for him becoz his petition was approved before he turned 21..

Hubby doesnt have any house yet in US for he lives w/ his parents during his stay in US...

--its just sad that his clock starts over again...

-------------but i guess petitioning me even if he is an LPR wont hurt bcoz basing on what u've said and what the priority dates shows.. waiting time is 4 yrs (as an LPR) and even if we wait till he become a citizen, i believe it would take longer... becoz his clock starts over again...........

THANK YOU SO MUCH,,,

hubby would be filing the i-130 the moment he comes back to US... he is thinking of getting a lawyer regarding this... i hope it would help.

I think we've finally cleared this up. The best part is that none of the naturalization timeline will delay you joining him here. And, now he's aware of the implications of longer trips on his naturalization eligibility.

Yes.. i beliv so... naturalization wont delay me heheheh....

U guys are so great!!!!!!

U cleared my mind special thanks to john_and_marlene uve been so patient in all my posts!!

Edited March 27, 2006 by cloe

[john_and_marlene 162]

guys.. correct me if I am wrong... it would be best if hubby would be filing the 1-130 right away, correct? we dont have to wait for his citizenship any longer...

bcoz waiting for his citizenship would prolong the time that we are apart.

I think he should file it right away. You can prepare the G325a for you and have your 2X2 photos taken so that he can bring it back with him.

Also get a couple of NSO certified copies of your marriage certificate and his birth certificate.

Edited March 27, 2006 by john_and_marlene

[jana_victoria123 0]

Domicile Defined

4. The new regulations define domicile as follows:

'Domicile means the place where a sponsor has a residence, as defined in section 101(a)(33) of the Act in the United States, with the intention to maintain that residence for the foreseeable future, provided, that a permanent resident who is living abroad temporarily shall be considered to be domiciled in the United States if the permanent resident has applied for and obtained the preservation of residence benefit under section 316(B) or section 217 of the Act and provided further, that a citizen who is living abroad temporarily shall be considered to be domiciled in the United States if the citizen's employment abroad meets the requirements of section 319(B)(1) of the Act." (Note: "The Act' refers to the INA.)

I found that definition at this web page.

When he comes back to the USA, where does he live? Does he own or rent a home?

If he has none of these, then domicile might be tough to prove.

G

thankyou for all the helpful information gag54611

guys.. correct me if I am wrong... it would be best if hubby would be filing the 1-130 right away, correct? we dont have to wait for his citizenship any longer...

bcoz waiting for his citizenship would prolong the time that we are apart.

I think he should file it right away. You can prepare the G325a for you and have your 2X2 photos taken so that he can bring it back with him.

waaaa?? is it a 2X2 i thought its passport size???

[I'm Gone 60]

waaaa?? is it a 2X2 i thought its passport size???

That is U.S. passport size for photos. 2 inches by 2 inches.

[john_and_marlene 162]

Domicile Defined

4. The new regulations define domicile as follows:

'Domicile means the place where a sponsor has a residence, as defined in section 101(a)(33) of the Act in the United States, with the intention to maintain that residence for the foreseeable future, provided, that a permanent resident who is living abroad temporarily shall be considered to be domiciled in the United States if the permanent resident has applied for and obtained the preservation of residence benefit under section 316(B) or section 217 of the Act and provided further, that a citizen who is living abroad temporarily shall be considered to be domiciled in the United States if the citizen's employment abroad meets the requirements of section 319(B)(1) of the Act." (Note: "The Act' refers to the INA.)

I found that definition at this web page.

When he comes back to the USA, where does he live? Does he own or rent a home?

If he has none of these, then domicile might be tough to prove.

G

thankyou for all the helpful information gag54611

guys.. correct me if I am wrong... it would be best if hubby would be filing the 1-130 right away, correct? we dont have to wait for his citizenship any longer...

bcoz waiting for his citizenship would prolong the time that we are apart.

I think he should file it right away. You can prepare the G325a for you and have your 2X2 photos taken so that he can bring it back with him.

waaaa?? is it a 2X2 i thought its passport size???

the requirement is for a "passport style" photo. You can see tha actual requirements here: http://www.visajourney.com/forums2/index.php?showtopic=13110

Most photo shops in Manila were familiar with the 2X2 photos. Just be sure to ask for 2X2 instead of passport photos.

[jana_victoria123 0]

waaaa?? is it a 2X2 i thought its passport size???

That is U.S. passport size for photos. 2 inches by 2 inches.

Does it mean the passport size that i told the photographer here in the phil is the incorrect one?

bcoz i just told the photographer to give me passport size photo.. i didnt know that US passport photo has a different size

[john_and_marlene 162]

waaaa?? is it a 2X2 i thought its passport size???

That is U.S. passport size for photos. 2 inches by 2 inches.

Does it mean the passport size that i told the photographer here in the phil is the incorrect one?

bcoz i just told the photographer to give me passport size photo.. i didnt know that US passport photo has a different size

Those are the wrong size .... You'll need to have the 2X2 photos

[jana_victoria123 0]

thanks guys//

so what i need right now is a 2x2 pic and not a passport photo.. tnx a lot!!!!

let me go ahead and have those prepared before hubby leaves

btw how many does hubby needs??

is there anything else i should prepare?

Edited March 27, 2006 by cloe

[john_and_marlene 162]

That should be enough for 1 day. It's 3 a.m. there Get some sleep

[jana_victoria123 0]

That should be enough for 1 day. It's 3 a.m. there Get some sleep

Ur right... its 3 am already.... this whole thing is driving me crazy.

thank you for ur big big help...

ill go ahead and sleep first...

thank you thank you..

God bless U.