Newbie- married to US Citizen for 10 years and N400 and re-entry permit (Form I-131)

[PJMERK 1]

Spoiler

 

Hello,

 

I am working on my US citizenship and have a few questions:

 

I can qualify on the bases of being married to a US Citizen or as a green card holder for 8+ years, is there any pro to either option? Do I need to submit tax returns for all 10 years?

Also, I was out of the country for 2 years for my husband's job (diplomatic posting) and applied for a re-entry permit (Form I-131) when I was out of the country. Will this be a problem when I apply?

 

Thank you!

 

 

Spoiler

 

 

[OldUser 6,662]

If you didn't break residence or physical presence requirement in the last 5 years, apply under 5 year rule. There's fewer evidence needed, more IOs at USCIS know how to deal with it etc.

 

You need tax return transcripts for the last 5 years.

You either need to have 0 balance at IRS or be on payment plan if you owe money.

 

Re-entry permit is not a problem if you lived for 5 years in the US before filing for N-400 and it's been 5 years since you returned to the US after 2 year absence.

Edited March 14, 2023 by OldUser

[PJMERK 1]

Thanks, i did break residence when I was abord for 2 years but for a re-entry permit (Form I-131) do you think this weill be a problem?

[OldUser 6,662]

10 minutes ago, PJMERK said:

Thanks, i did break residence when I was abord for 2 years but for a re-entry permit (Form I-131) do you think this weill be a problem?

When were you back in the US after 2 year absence? What year and month at least? Re-entry permit "resets the clock" for naturalization purposes.

Edited March 14, 2023 by OldUser

[PJMERK 1]

I returned back Oct 2020!

[OldUser 6,662]

12 minutes ago, PJMERK said:

I returned back Oct 2020!

The earliest you can apply under 3 year rule is 3 year anniversary of being here, e.g. date in October 2023 minus 90 days.

 

I would not apply 90 days early and wait until past anniversary date to be absolutely safe. E.g. if you came back on October 15, 2020, then it's very safe applying on October 20, 2023 for example. 

 

You would need to prove your marriage in the last 3 years. Joint banking statements, bills, taxes, lease or mortgage and many more evidence proving you lived in bonafide marriage. Your spouse may need to attend the USCIS appointment with you, even though he or she may not be allowed to be present at the interview.

 

If you want to skip this evidence, you can apply under 5 year rule in October 2025 (or July 2025 if filing 90 days early). You would not have to prove marriage in this case.

 

 

Edited March 14, 2023 by OldUser

[PJMERK 1]

5 minutes ago, OldUser said:

The earliest you can apply under 3 year rule is 3 year anniversary of being here, e.g. date in October 2023 minus 90 days.

 

I would not apply 90 days early and wait until past anniversary date to be absolutely safe. E.g. if you came back on October 15, 2020, then it's very safe applying on October 20, 2023 for example. 

 

You would need to prove your marriage in the last 3 years. Joint banking statements, bills, taxes, lease or mortgage and many more evidence proving you lived in bonafide marriage. Your spouse may need to attend the USCIS appointment with you, even though he or she may not be allowed to be present at the interview.

 

If you want to skip this evidence, you can apply under 5 year rule in October 2025 (or July 2025 if filing 90 days early). You would not have to prove marriage in this case.

Thank you! I will wait then. No problem with all the evidence needed.

 

Apprecitate your help

5 minutes ago, OldUser said:

 

 

 

[jxn 86]

Does the diplomatic posting abroad comment refer to the U.S. State Department? Can anyone chime in if that is presumably "qualifying employment abroad" to count as not breaking U.S. residency?

[R&OC 371]

Being overseas and on official orders (military or government service) should not break your residency. Please check! your status while overseas but I think you should be fine.

[PJMERK 1]

On 3/15/2023 at 9:43 AM, jxn said:

Does the diplomatic posting abroad comment refer to the U.S. State Department? Can anyone chime in if that is presumably "qualifying employment abroad" to count as not breaking U.S. residency?

 

Thank you, no it was via the World Bank. Any idea how can I find out if it qualifies as diplomatic posting abroad?

5 hours ago, R&OC said:

Being overseas and on official orders (military or government service) should not break your residency. Please check! your status while overseas but I think you should be fine.

How do I check what my status while abrod was? The assignment was via the World Bank.

[R&OC 371]

The WorldBank is, as far as I know, not an US government civilian post overseas. I would ask the WorldBank HR department. They should probably now and verify whether or not this can be seen as a military/GS order. I know foreign service would qualify.

[Chancy 6,241]

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