continuous residence and physical presence questions

[sara88 1]

1 hour ago, OldUser said:

The OP got GC through WAVA.

 

5 year is the path to go, unless OP wants to deal with physical presence and difficulties associated with obtaining GC through WAVA.

 

Am I right to assume the OP would essentially have to reprove all marital stuff and answer uncomfortable questions under 3 year rule filing?

 

Thanks for the answer.

What kind of physical presence difficulties would I have to deal with? By the time of filing I will have the required amount of physical presence.

What difficulties associated with obtaining GC through VAWA would I have to deal with?

[Allaboutwaiting 2,503]

41 minutes ago, sara88 said:

Thanks for the answer.

What kind of physical presence difficulties would I have to deal with? By the time of filing I will have the required amount of physical presence.

What difficulties associated with obtaining GC through VAWA would I have to deal with?

It is not just about physical presence, but proving you did not abandon your status during those numerous lengthy trips. 

 

Regarding VAWA, as @Mike E and @OldUser mention, they will very likely question you on that matter during interview, and probably request some evidence.

 

People tend to forget that during the naturalization process, the USCIS reviews the applicant's immigration path as a whole. 

Edited March 25, 2023 by Allaboutwaiting

[OldUser 6,477]

47 minutes ago, sara88 said:

The 3 year rule and the 5 year rule is something one must choose like from and option in a form?

Yes, it's on N-400 form

[SteveInBostonI130 3,408]

5 hours ago, sara88 said:

The 3 year rule and the 5 year rule is something one must choose like from and option in a form? Like announcing to USCIS I'm filing under the 3 year rule?

 

how much less evidence and simpler is under the 5 year rule?

can you share some links with information about that?

 

Read the N400 page on USCIS website.

 

For 3 year rule, you need to prove you are and have been in a bona fide relationship with your USC spouse.  Financial evidence, cohabitation evidence, etc.  

 

For the 5 year rule, just that you have been an LPR for 5 years.

[sara88 1]

1 hour ago, SteveInBostonI130 said:

 

Read the N400 page on USCIS website.

 

For 3 year rule, you need to prove you are and have been in a bona fide relationship with your USC spouse.  Financial evidence, cohabitation evidence, etc.  

 

For the 5 year rule, just that you have been an LPR for 5 years.

I got my GC through VAWA, I'm no longer married to my USC spouse. For the 3 year rule, I suppose I would have to reuse the documentation and evidence I used when I applied to VAWA?

My GC was approved without an interview.

[SteveInBostonI130 3,408]

 

46 minutes ago, sara88 said:

I got my GC through VAWA, I'm no longer married to my USC spouse. For the 3 year rule, I suppose I would have to reuse the documentation and evidence I used when I applied to VAWA?

My GC was approved without an interview.

 

You do not qualify for the 3 year rule.

 

You need to be either married to a USC or be the widow/widower of a USC who died during active service member to the US military.

 

VAWA does not qualify.  You will need to wait until 90 days before 5 years since becoming an LPR.

[sara88 1]

14 minutes ago, SteveInBostonI130 said:

 

 

You do not qualify for the 3 year rule.

 

You need to be either married to a USC or be the widow/widower of a USC who died during active service member to the US military.

 

VAWA does not qualify.  You will need to wait until 90 days before 5 years since becoming an LPR.

I'm pretty sure I qualify for the 3 year rule. But that was not even my main concern.

I just want to know if I can travel abroad to take care of my parents and still have a chance to apply for citizenship with proof of why I had to make trips out of the country

[SteveInBostonI130 3,408]

3 minutes ago, sara88 said:

I'm pretty sure I qualify for the 3 year rule. But that was not even my main concern.

I just want to know if I can travel abroad to take care of my parents and still have a chance to apply for citizenship with proof of why I had to make trips out of the country

No to travelling for another 6 months after being in the states for 1 month (and being away 5.5 months prior).

 

Yes to VAWA 3 yr naturalization.

 

Edited March 26, 2023 by SteveInBostonI130
VAWA situation

[OldUser 6,477]

2 hours ago, sara88 said:

I got my GC through VAWA, I'm no longer married to my USC spouse. For the 3 year rule, I suppose I would have to reuse the documentation and evidence I used when I applied to VAWA?

My GC was approved without an interview.

This time there's going to be an interview, for N-400. Especially when filing under 3 year rule, my understanding is, you should expect questions about the marriage, abuse etc. Maybe somebody more experienced can contribute.

[Chancy 6,241]

*** Removed related thread.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

32 minutes ago, sara88 said:

I was married to a US citizen and got my GC through VAWA. Since I got my GC in March of 2021 I've been living in the US for 16 months. In September of 2022 I was on a trip outside the US for 5 months. I would like to know if it is okay to take another 5 months trip after staying in the US for only two and a half months? At my return, in November, I would have to complete 2 more months to reach 18 months of living in the US to apply for my citizenship(I'm eligible to apply in December 2023)
I need to travel to my country because my parents are with delicate health. My dad just had an stroke and I would like to be with them. Would I have any problems when I come back? Would that put my chances of becoming a citizen at risk? Or what can I do starting from now like gathering some type of documentation about my parents health so I can present that later?

 

[Mike E 11,739]

3 hours ago, Chancy said:

I would like to know if it is okay to take another 5 months trip after staying in the US for only two and a half months? At my return, in November, I would have to complete 2 more months to reach 18 months of living in the US to apply for my citizenship(I'm eligible to apply in December 2023)

@sara88 it is ok for naturalization. Not OK for CBP. File for  re-entry permit

[sara88 1]

5 hours ago, Mike E said:

@sara88 it is ok for naturalization. Not OK for CBP. File for  re-entry permit

Thank you. Do you think that if I make the trips shorter like 2 or 3 months trips outside the US and coming back to the US in between them for a couple months instead of a long one of 5 months would avoid problems with CBP and with my naturalization?

[Mike E 11,739]

6 hours ago, sara88 said:

avoid problems with CBP

If you are spending more time in the ua than outside, that avoids problems with CBP