Naturalization requirements

[ros88 12]

12 minutes ago, Chancy said:

 

Let me repeat -- you do NOT have 36 months of continuous marital union yet.  Since your current marriage only started in 2020, you have less than 24 months of continuous marital union so far.  The time you lived together while you were divorced does NOT count because you must be legally married to be in marital union.

 

Assuming you do not go on long trips abroad again, it would be faster for you to accumulate 30 months of physical presence in the US than to reach 36 months of marital union on your current marriage.  That is why there is no benefit to you applying under the 3-year rule when you could qualify faster under the 5-year rule.

 

I know and infact I will apply next year!

 

I do not have 30 months I only have 18 and I travel a lot overseas so its easy for me to wait the 3 years and applied under it!

thanks

[Chancy 6,241]

7 minutes ago, ros88 said:

I do not have 30 months I only have 18 and I travel a lot overseas so its easy for me to wait the 3 years and applied under it!

 

Your spouse travels with you when you travel overseas?

 

[SusieQQQ 11,586]

30 minutes ago, Chancy said:

 

Let me repeat -- you do NOT have 36 months of continuous marital union yet.  Since your current marriage only started in 2020, you have less than 24 months of continuous marital union so far.  The time you lived together while you were divorced does NOT count because you must be legally married to be in marital union.

 

.

 

Read OP’s first post again. They understand this, which is why they mentioned applying in 2023 if doing 3 year rule

[Chancy 6,241]

1 minute ago, SusieQQQ said:

Read OP’s first post again. They understand this, which is why they mentioned applying in 2023 if doing 3 year rule

 

Read OP’s first post again.  He said "since 2020 I have been always in the states".  That's why I said it would be faster to reach 30 months of US physical presence than to reach 36 months of marital union.  Now that statement about always being in the US is not true.

 

[SusieQQQ 11,586]

20 minutes ago, Chancy said:

 

Read OP’s first post again.  He said "since 2020 I have been always in the states".  That's why I said it would be faster to reach 30 months of US physical presence than to reach 36 months of marital union.  Now that statement about always being in the US is not true.

 

I did not presume to know all OP’s travel details and what would be faster, I was pointing out there that they understood they could not apply under 3 year rule till 2023, which for some reason so many responses here overlooked.

[ros88 12]

1 hour ago, Chancy said:

 

Your spouse travels with you when you travel overseas?

 

Yes

[ros88 12]

My husband (American citizen) need to move overseas for work.

my daughter (us citizenship) and I (green card) will follow him of course.

But I am afraid that this is will create problems with my naturalization, How can I be overseas and do not lose the naturalization requirements as residency? Is there anything that I can do? I know I can apply for a reentry permit before leaving but my husband will probably need to stay overseas for 10 years and then going back to the states.

how can I follow him and became a US citizen?

please help me I dont know what tk do :(

[Timona 4,207]

How far are you from naturalization?

[JeanneAdil 6,491]

is the job related to any US government contract?

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[OldUser 6,633]

@ros88 you are right to be asking these questions. You can lose your green card by spending too much time outside of the US.

Re-entry permit is only good for 2 years.

 

@Timona asked a good question. If you're close to naturalizing, then go ahead and do it. That way you don't have to worry about losing permission to live and work in the US, whenever you decide to come back. If you're eligible under 5 year rule, you don't even need to stop you husband from starting his new overseas employment whenever he has to. It's definitely big inconveniece, and you may have to spend some time apart before joining him in new place, but it safeguards your future.

Another good question from @JeanneAdil. You may be able naturalize under special procedure if your husband is working for government or similar.

[Mike E 11,739]

1 hour ago, ros88 said:

how can I follow him and became a US citizen?

You need to spend the majority of your time in the USA until you naturalize and take oath.  
 

Based on a post this week, https://www.visajourney.com/forums/topic/793074-n-400-notice-of-continuance-how-to-prove-immediate-family-remained-in-the-us/ it turns out that simply spending 186 days out of each year in the USA isn’t enough.  The subject of that link averaged 205 days per year in the USA and got an RFE.  I’ve always believed 120 days of absence (thus 246 days of presence) per year is the maximum safe bar.  
 

So until you naturalize, spend at least 246 days per year  in the U.S.  Since you will be apart from your spouse  for much of each year, naturalizing on the 3 year rule is out, because you must be in a marital union for 3 years, and I don’t think 120 days apart per year will suffice.   It will have to be the 5 year rule.  
 

This all assumes your spouse doesn’t have a job that qualifies you for a waiver of the continuous presence and physical presence tests. Last week we had an excellent post on this. See https://www.visajourney.com/forums/topic/792869-naturalization-under-section-319b-american-firm-or-corporation/

 

 

Edited December 7, 2022 by Mike E

[ros88 12]

5 hours ago, JeanneAdil said:

is the job related to any US government contract?

No he is a defense contractor 

[Bob in Boston 701]

from your timeline it looks like you have the time in to naturlize under 5 year rule. Do it!

[ros88 12]

20 minutes ago, Bob in Boston said:

from your timeline it looks like you have the time in to naturlize under 5 year rule. Do it!

No because I dont have 30 months of continuing residence due my husband job

Just now, ros88 said:

No because I dont have 30 months of continuing residence due my husband job

Is still required to have been in the us 30 months?