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Citizenship Eligibility

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Filed: K-1 Visa Country: Wales
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Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR.

Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR.

Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency.

what do u mean?? how could my husband lose his US residency when he didnt stay here in Phil for 1 yr.

hubby has his flight skeduled already..

what seems to be the problem?????????????

he is pretty sure though that he could come back...

Edited by cloe

-hubby got his greencard since April 2005

-hubby went back to Philippines June 2005 - April 2006 (to finish schooling)

-Married last December 2006 in Philippines

-hubby went back to US April 3, 2006

-Filed I-130 June 2006

-Received NOA 1 July 2006

-Hubby visited me in Philippines December 2006 - January 2007

waiting in vain...

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Filed: K-1 Visa Country: Wales
Timeline

Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR.

Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency.

what do u mean?? how could my husband lose his US residency when he didnt stay here in Phil for 1 yr.

hubby has his flight skeduled already..

what seems to be the problem?????????????

he is pretty sure though that he could come back...

You can lose residency in a day, theoretically, there is no magic timeline:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR.

Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency.

what do u mean?? how could my husband lose his US residency when he didnt stay here in Phil for 1 yr.

hubby has his flight skeduled already..

what seems to be the problem?????????????

he is pretty sure though that he could come back...

You can lose residency in a day, theoretically, there is no magic timeline:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

Ic,, now i understand what u've meant hubby just wnt back here to phil from May 2005 - April 2006 to finish College. hubby didnt work here in phil and right now he is leaving the country by april 3, 2006

-hubby got his greencard since April 2005

-hubby went back to Philippines June 2005 - April 2006 (to finish schooling)

-Married last December 2006 in Philippines

-hubby went back to US April 3, 2006

-Filed I-130 June 2006

-Received NOA 1 July 2006

-Hubby visited me in Philippines December 2006 - January 2007

waiting in vain...

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cloe,

Best not to be overly concerned about this case right now. Since he went back to finish college, it seems that he has a real reason to be there. So, maybe he could have something from his university that shows that he attended while he was in Phil for the last 11 months. I know that he doesn't have much time, but that might be a sensible option.

Best of luck,

G

I-129F Filing

G (USA)

L (Scotland)

2005-02-05 Sent to TSC

2005-03-02 NOA2 rcvd

2005-04-27 Medical - 3:40 pm in Edinburgh

2005-05-19 Interview - approved!!

2005-06-12 G & L fly to Florida

2005-08-20 Wedding day!!

2005-09-15 Sent AOS docs

2005-09-23 NOA1 rcvd for 485, 765, and 131

2005-11-28 AP rcvd

2006-01-03 EAD rcvd

2006-03-08 AOS interview - Success - pending FBI name check!!

2006-04-05 Rcvd the 'Welcome To America' email. Name check is done!!

2006-04-17 Green Card Received!!

2008-02-05 Sent I-751 to remove conditions

2008-02-11 I-751 received in Texas

2008-02-25 Check finally cashed!!

2008-03-19 Biometrics completed in West Palm Beach

2008-12-23 Rcvd notification of GC production

2008-12-30 Rcvd notification of confirmation letter going in the mail.

"Just as our DNA is unique, so too is our visa processing experience."

G 3/31/05

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*If* it was just to finish college, I would think that's less of a problem. It's common in the US for one's residence to be in one state with one's parents, but to go to college somewhere else entirely. Like I went to college in Virginia, but my parents lived in New Jersey and so my legal residence was always in New Jersey even though I was physically living in Virginia for four years. It might depend though if he was treated as a foreign (American) student or as a local student.

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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