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Filed: K-1 Visa Country: Brazil
Timeline

I have a question about traveling after the green card is received. The paper we got when the visa was granted said something about not leaving the united states for more than six months, but if you leave for more than one year you need a re-entry permit. What if we want to leave the USA for 9 months when she has a green card, but not citizenship?

Also, when we get the green card, can we apply for citizenship, then wait three years, or do we need to wait three years then apply for citizenship? Also, if we leave the USA for, say 9 months, how does that affect our 3 year requirement for citizenship?

thank You!

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Filed: Citizen (apr) Country: Russia
Timeline
Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

If, during your international trip, you decide to get a job in another country or join their military, this most likely will be considered abandoning your PR status, even if your trip is less than a year long.

You can't apply for naturalization now - you need to wait till you're eligible:

Residency

An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

See Also INA 316

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

*

has been lawfully admitted for permanent residence (see preceding section);

*

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

*

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

A 9-month long absence will break continuous residency.

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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