Continuous Residence and Physical Presence

[EatBulaga 315]

Hello US Naturalization gurus,

I recently got my K1 beneficiary to the US for marriage, and we are planning/working on the AOS route.

Looking ahead to the requirements for Naturalization for spouses of US citizens, I'm trying to understand the continuous residence and physical presence requirement?

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

When does the 3-years of continuous residence and physical presence start for the spouse of the US citizen? From the marriage date? From the K1 entry date? From the AOS application date? From AOS approval date?

 

Would the time traveling abroad internationally with Advanced Parole while waiting for the AOS interview and AOS approval NOT affect the continuous residence and physical presence regardless since the applicant doesn't have the green card yet, and will the time will only start after the green card?

 

If there is a delay to the AOS process, does that count against the continuous residence and physical presence since time starts with the green card? Or would the delay just be part of the "time served" since it starts counting from the AOS application date?

 

If there is a delay to the AOS process say for like 3 years or more to get the green card, can we apply for the Naturalization without having to apply for the Removal Of Condition?

 

Thanks in advanced for any response.

[Verrou 1,962]

3 years started from the day u received GC ( look on date start on the green card ) 

Edited June 24, 2022 by Misscloud

[arken 4,197]

23 minutes ago, EatBulaga said:

there is a delay to the AOS process say for like 3 years or more to get the green card, can we apply for the Naturalization without having to apply for the Removal Of Condition?

If AOS is delayed by that much that it gets approved past your 2 year anniversary, 10 year GC will be issued so ROC won't be required.

 

3 yr rule for naturalization applies after AOS is approved not before.

Edited June 24, 2022 by arken

[Crazy Cat 41,850]

1 hour ago, EatBulaga said:

Hello US Naturalization gurus,

I recently got my K1 beneficiary to the US for marriage, and we are planning/working on the AOS route.

Looking ahead to the requirements for Naturalization for spouses of US citizens, I'm trying to understand the continuous residence and physical presence requirement?

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1430&num=0&edition=prelim

 

When does the 3-years of continuous residence and physical presence start for the spouse of the US citizen? From the marriage date? From the K1 entry date? From the AOS application date? From AOS approval date?

 

Would the time traveling abroad internationally with Advanced Parole while waiting for the AOS interview and AOS approval NOT affect the continuous residence and physical presence regardless since the applicant doesn't have the green card yet, and will the time will only start after the green card?

 

If there is a delay to the AOS process, does that count against the continuous residence and physical presence since time starts with the green card? Or would the delay just be part of the "time served" since it starts counting from the AOS application date?

 

If there is a delay to the AOS process say for like 3 years or more to get the green card, can we apply for the Naturalization without having to apply for the Removal Of Condition?

 

Thanks in advanced for any response.

For the spouse of a US citizen to apply,  both of these must be true:

1.  Married to US citizen for 3 years.

2.  Green Card holder for 3 years.

For a K-1 entrant, #2 starts on the day the Adjustment of Status is approved.

 

[EatBulaga 315]

29 minutes ago, Crazy Cat said:

For the spouse of a US citizen to apply,  both of these must be true:

1.  Married to US citizen for 3 years.

2.  Green Card holder for 3 years.

For a K-1 entrant, #2 starts on the day the Adjustment of Status is approved.

 

So the time waiting for the AOS in the US does not build residence or presence.  

And traveling abroad internationally with Advanced Parole while waiting for the AOS interview and AOS approval has no effect on the continuous residence and physical presence since the applicant does not have the green card yet?

[MK9353 7]

What to mention on the short trips outside of the US in last 5 years when you are in the US from last 3 years only?

[Verrou 1,962]

1 hour ago, EatBulaga said:

So the time waiting for the AOS in the US does not build residence or presence.  

And traveling abroad internationally with Advanced Parole while waiting for the AOS interview and AOS approval has no effect on the continuous residence and physical presence since the applicant does not have the green card yet?

 Anything before your got green card doesn’t count 

1 hour ago, MK9353 said:

What to mention on the short trips outside of the US in last 5 years when you are in the US from last 3 years only?

Just 3 years then. 5 years = because most people can only apply for citizenship on 5 years rule 

[Mike E 11,739]

11 hours ago, EatBulaga said:

So the time waiting for the AOS in the US does not build residence or presence.  

And traveling abroad internationally with Advanced Parole while waiting for the AOS interview and AOS approval has no effect on the continuous residence and physical presence since the applicant does not have the green card yet?

Doesn’t count toward qualification toward your own naturalization.  
 

It does count in one other important way though: if you have a child that is born outside the USA, 5 years of physical presence in the USA whether as a citizen, green card holder, or other wise satisfied the physical presence required needed to coney automatic citizenship your child:

 

* if all 5 years of physical presence were before your child is born abroad then citizenship is from date of the child’s birth (assuming other conditions have been met)

 

* the there are 5 years of physical presence but they weren’t all before the child is born, if you are raising the child outside the USA, you can file N-600K to get the child expedited naturalization prior to reaching age 18. 

 

 

 

[TBoneTX 45,288]

A hijack post and multiple replies have been split from this thread into this one:

https://www.visajourney.com/forums/topic/785670-file-rejected-split-topic/page/2/