How to avoid GC to be considered abandoned?

[Mike E 11,739]

2 hours ago, ValRam said:

my question is: would it be a problem if I had left the states temporarily while waiting for the receipt notice? 

Yes that can be problem. The permit can ultimately be denied.

[Ban Hammer 13,261]

related topics merged.

[lovinglive 24]

On 3/29/2023 at 5:51 AM, ValRam said:

 

I don’t think I’m able to file N-400 because you’re supposed to have over one year left on your contract overseas at the time of naturalization. We barely have a year left now so if naturalization takes around 9 months at least, that would only leave us with 3 months.

 

I fly to the states every one or two months but apparently that’s not enough. We’ll be stationed in Germany for one more year, how do I go about keeping my GC until we either move or get out contract renewed so I can file for n-400 319 (b)? 
 

Reentry permit is not really a possibility as I am not ever in the states for long enough at a time to file for it. Especially since no one knows exactly how long it takes and you have to be in the states while filing. 
 

Ive read so many times that you are not considered to be abandoning your GC while you’re on sofa and official orders but the border agent today did not care about my sofa card or my orders and he also couldn’t tell me at all what the exact rules are. 
 

I’m so confused and would love any insight. 
 

I apologize if this is not the right place to post or if something is difficult to understand. 
 

 

Your type of problem has been addressed in this post https://www.visajourney.com/forums/topic/704649-expeditious-naturalization-ina319b-a-complete-experience-report/#comments

 

You wrote "I don’t think I’m able to file N-400 because you’re supposed to have over one year left on your contract overseas at the time of naturalization. We barely have a year left now so if naturalization takes around 9 months at least, that would only leave us with 3 months."

 

That is not correct.  You are supposed to have 1 year remaining on your spouse's contract at the time of submitting your 319b.  You can be naturalized with less than one year remaining on your spouse's contract.

 

However, you said your spouse has barely one year left so if you want to pursue this path, you had better move quickly.

 

I have not heard a clear answer yet about whether the 6 months per year requirement is waived or on hold while your N-400 under 319b is being processed.

 

If you don't file N-400, you can search around VisaJourney to collect info but I've been told that 1) you should never be absent from the US for longer than 6 months, and 2) You should spend at least 6 months of every year in the US in order to maintain the minimum amount of time required to apply for naturalization at the end of 3 years.

 

Based on that, I would recommend to relocate to the US and spend time there away from your spouse to maintain 6 months per year in the US.    

[Ranava14 12]

I wanted to put an update for future readers. I ended up filing for reenty permit when I was in the states for two weeks. I just had to make sure that the packet I filed was received before I left the country so I filed as soon as I got there. By the time I left the case had been received.

I ended up having to fly back for my biometrics appointment on short notice and only stayed for three days which was tiring but it all worked out. 

I did end up filing for naturalization but this way I had plenty of time and no stress and was able to do it right without worrying. 

Hope this helps!

[Skyman 310]

If on base or near a base, you may be able to get assistance from the base legal office.