USCIS Citizenship eligibility- online quiz says I am not eligible [merged threads]

[PJMERK 1]

Good day!

 

I have been married to a US Citizen since 2011 and finally thinking about naturalization. Between 2018-2020 we were out of the country and I have been back in the US over 3 years now. My understanding is if one is married to a US citizen for 3 years they can apply. In my case, the clock restarted when I returned in 2020. Curious why the online quiz says I am not eligible.

 

Would appreciate any insights. Thanks

Edited December 18, 2023 by PJMERK

[OldUser 6,635]

8 minutes ago, PJMERK said:

Good day!

 

I have been married to a US Citizen since 2011 and finally thinking about naturalization. Between 2018-2020 we were out of the country and I have been back in the US over 3 years now. My understanding is if one is married to a US citizen for 3 years they can apply. In my case, the clock restarted when I returned in 2020. Curious why the online quiz says I am not eligible.

 

Would appreciate any insights. Thanks

I wouldn't personally apply under 3 year rule, it's a harder route compared to 5 year rule one.

 

- When exactly were you back in the US in 2020?

- Is your spouse a US citizen?

- Has your spouse been a citizen for over 3 years?

- Are you married to your spouse for over 3 years?

- Did you live together for 3+ years without breaks?

 

[PJMERK 1]

Hi OldUser-

 

Yes, my spouse is a US citizen we have been living together since I moved here, have a baby together, and were out of the country for his work. I returned in Aug 2020. We will be leaving the country soon and I want to apply for naturalization before we do.

[carmel34 3,622]

5 hours ago, PJMERK said:

My understanding is if one is married to a US citizen for 3 years they can apply.

There is more required than simply being married to a US citizen for 3+ years.  When did you get your green card?  Here are the exact criteria from USCIS:

 

General Eligibility Requirements

To be eligible for naturalization under section 319(a) of the INA, you must:

• Be at least 18 when you submit Form N-400, Application for Naturalization;
• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;
• Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;
• Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.

[PJMERK 1]

Thanks, Carmel34, I have had my GC for 10 years! I meet all the above criteria. So helpful. Thanks

[OldUser 6,635]

54 minutes ago, PJMERK said:

Thanks, Carmel34, I have had my GC for 10 years! I meet all the above criteria. So helpful. Thanks

Either it's because you had break in residency and website is not smart enough or you answered something incorrectly.

[OldUser 6,635]

57 minutes ago, PJMERK said:

Thanks, Carmel34, I have had my GC for 10 years! I meet all the above criteria. So helpful. Thanks

What's the Resident Since date on your Green Card?

[OldUser 6,635]

14 minutes ago, OldUser said:

Either it's because you had break in residency and website is not smart enough or you answered something incorrectly.

Ok, I think the website asks whether you've been out of the US in the last 5 years. If you answer "yes", and then "yes" to question whether it was more than 6 months, you get a question whether the USC spouse was in the army, working for the US government etc. If you answer "no" to that, then the website thinks you're not eligible.

 

So... Maybe filing on paper is a better option or you wait for 5 years then online system will be happy 😃

 

So here is the thing, IO may also think you're ineligible because you broke continuous residence in the last 5 years. You should be OK, and the lookback should be 3 years if applying under 3 year rule, but I'm not a lawyer.

 

@PJMERK did you have a reentry permit when you left? Did you keep assets (property, bank accounts) in the US while you were away? If no ties were maintained, with no reentry permit technically, USCIS can conclude that you abandoned your residency and attempt to strip you of your LPR status. It won't be fast and the likelihood of this is miniscule, but there's still a chance.

Edited December 19, 2023 by OldUser

[Thunderbolt 172]

Also, did you pay taxes every year for the past 10 years? 

[African Zealot 1,455]

You were out for two years? Is your permanent residency even still valid? Personally I wouldn’t rock the boat and would wait to file under the five year rule.

[PJMERK 1]

@African Zealot- when I left for two years I got a reentry permit without which I wouldn't have been allowed back in.

Thunderbolt- yes I paid taxes

[PJMERK 1]

OldUser- when I tried to apply online the system would not let me open the forum tried over 10 times. Kept on giving me an error.

 

Yes, we filled joint taxes since I moved here and while away for his job I applied for a reentry permit. The reason I am finally applying for citizenship is we want to move abroad again and don't want to deal with GC hassle plus my 10-year card expires end of 2026.

[Verrou 1,962]

try to file by paper and include cover letter with explanation like what u wrote on ur original post. just my 0.002 along with short timeline explanation/detail

Edited December 19, 2023 by Verrou

[PJMERK 1]

Looking for some insights.

 

Been married to a US citizen since 2012 and have been living together, both working, filing taxes together, and have a family, etc. I was out of the country between 2018 -2020 for my spouse's job and applied for 1-131 before I went abroad. I didn't know even with 1-131 my time out of the country would affect my citizenship. Now that I am back in the US over 3 years I want to submit my naturalization application. Unfortunately, someone stole my bag with my green card in it and now I am debating what is the best course of action here. Should I apply for a replacement green card or apply for citizenship? I have filed a police report. 

 

Thanks much

[PJMERK 1]

I have been married to a US citizen since 2012 and have been living together, both working full-time, filing taxes together, and have a family, etc. We both do international work so often travel for work. I was out of the country between 2018 -2020 for my spouse's job and applied for 1-131 before I went abroad. I didn't know even with 1-131 my time out of the country would affect my citizenship ( so stupid of me!!). Now that I am back in the US for over 3 years I want to submit my naturalization application. 

 

When I take the online quiz it tells me I don't qualify for citizenship as I was out of the country however the entire 11 years I have filed my taxes (and been happily married). Someone suggested I write a cover letter explaining my situation and apply. Should I send all my 11-year tax returns? I would appreciate advice on how best to navigate this.

 

Thanks much