A really confussing situation, help?

[amnonbabs 0]

Hi there,

I am really confussed about the whole naturalization thing... I seriously need you guys to help me understand when I can apply for naturalization?, I got my stamp on Nov 20th 2005, I got a conditional green card, my hubby and I moved to United States from Canada and we visited his family in New York during the rest of that month and December, then went for a 28 day trip to Europe (he has family there). We came back and we settled in California, we've been here ever since.

We did take a one week vacation during September last year, so I think ever since receiving my green card I have been out of the country for 37 days or so. When can I apply for naturalization?, I am confused because to be quite honest the USCIS separates your "physical presence" and your time as a permanent resident, and something about continuous residency? and there is some other thing about living in the USCIS office before you apply for your citizenship?.

Anyways, the part where my situation gets confussing is because there is the possibility that my husband's employer will send him back to Canada temporarily, it'd be less than 6 months but after the time in Canada he would be transfered to Seattle, not to California, we would have to give up our apartment here in California before we go to Canada, we don't know when this will happen, which has me worried, what if I apply for citizenship here in California and have to go out of the country right away and then move to Seattle? ... Living apart during the process is not an option of course, I know you guys understand, what are my other options?.

And last but not least, how in the name of God do I post my timeline?

Thanks.

[warlord 73]

Well first you would want to document that it is his US based company he is still working for. That will show he's still paying US taxes which shows somewhat in keeping residency. You should also have any other evidence showing that you were indeed comming back to the US such as car payments, bills (eventhough you're selling your place) etc. Something to convince the IO you are maintaining US residency.

To qualify you must have been present in the US for an x number of days since your PR date. I don't know the exact number, buy you need to find out if you are exceeding that or not. Another thing is any "trip" outside of the US after 6 months, the pressure switches to you to prove you are maintaining US residency. Before 6 months the IO would have to prove you were not. So there will be more work on your part to convince them.

Another thing is a applying for a re-entry permit. Generally though I think these are for longer emergency trips and may not be any good for just 6 months. This though will show your intent on returning to the US.

You should file for the N-400 when you are definatly back and settled in the US and are planning on remaining there. So you definatly would want to wait till you move back from Canada. If you apply from California now, you must be still residing in California throughout the process and must at any quick instant be avaliable for the Finger Printing, then the interview etc. Seattle might be under another juristiction and therefore you need to change that everytime you move and thus it will delay your N-400 even more. Living outside the country will not look good at all to the IO. So you definatly will want to wait till you're save and settled back in the US with no more 'temporary' moves anywhere for a good length of time...

[eau_xplain 2]

This is what USCIS has to say:

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

Note: Change 5 years to 3 years by virtue of your marriage to a USC

I think what you really need to consider is the 6 months absence as it could mean a disruption of your "continuity of residence". If USCIS determines that your residence was interrupted by the move to Canada, then you will have to start accumulating another 30 months of continued residence before you can be eligible to apply for naturalization.