Do I have to wait 3months to start naturalization process for my absence in US over 7-8months?

[vishalk 0]

Hi.. All...

I'm LPR in US and I got married in India 7months ago. Now I would like to apply I-130 for my spouse. Can I file I-130 from US-Embassy - Delhi? Or else can I apply for citizenship then I file I-130 once I go back to US? Which makes the process faster?? Is there any other immediate way to process the visa to bring my spouse to US with me? I was living in the USA for 6 years...

Do I have to wait 3months to start naturalization process for my absence in US over 7-8months?

Then what's the processing time for naturalization? My Physical presence is not there during these 7months of marital life, do I need to wait for 3more months when I get back to US and start naturalization process??

Please reply me ASAP...

[john_and_marlene 162]

If you are absent from the U.S. for any 1 period over 6 months, then your wait time for naturalization starts over again. You can start counting 5 more years from the last reentry after an absence of over 6 months.

[john_and_marlene 162]

There are 2 requirements that you need to satisfy--continuous residence and physical presence. Continuous residence is considered disrupted if you are outside the U.S. for a period of 6 months or longer.

Look at the requirement chart in the Guide to Naturalization (page 22)

http://www.uscis.gov/files/article/M-476.pdf

[JERIII 8]

  john_and_marlene said:

There are 2 requirements that you need to satisfy--continuous residence and physical presence. Continuous residence is considered disrupted if you are outside the U.S. for a period of 6 months or longer.

Look at the requirement chart in the Guide to Naturalization (page 22)

http://www.uscis.gov/files/article/M-476.pdf

It isn't quite as clear as that. Continuous residence may be considered broken if you are out of the country for 6 months or longer, however the guide also states the following:

If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send

evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen).

Rent or mortgage payments and pay stubs.

I suspect the OP probably cannot show that ties were maintained, but it is possible to do so.

[Anh map 2,098]

Moved from Adjustment of Status forum to US Citizenship forum as primary question concerns Naturalization

[lucyrich 20]

Actually, the law says that a period of 6 months or more outside of the US will break the continuous residence for the purpose of naturalization unless the applicant can demonstrate to the satisfaction of the attorney general that it did not break the period of continuous residence.

This might be worth a consulatation with an immigration lawyer who can explain exactly how much and what kind of proof will satisfy them that continuous residence wasn't broken. It may call for some research into case law.

INA 316( b ) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.

8 CFR 316.5© Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[nigel 7]

  vishalk said:

Hi.. All...

I'm LPR in US and I got married in India 7months ago. Now I would like to apply I-130 for my spouse. Can I file I-130 from US-Embassy - Delhi? Or else can I apply for citizenship then I file I-130 once I go back to US? Which makes the process faster?? Is there any other immediate way to process the visa to bring my spouse to US with me? I was living in the USA for 6 years...

Do I have to wait 3months to start naturalization process for my absence in US over 7-8months?

Then what's the processing time for naturalization? My Physical presence is not there during these 7months of marital life, do I need to wait for 3more months when I get back to US and start naturalization process??

Please reply me ASAP...

First ..I guess that members, like myself are reading between the lines here as you have ask several different complex Questions.

I would like to ask where are as of now USA/Delhi?....im hoping that your back in the us after being outside for 7/8 mths..

If your still outside you better get ya #### back on us soil ASAP as your running a risk of your L.P.R status...

There is a differance in the word.."Disrupt" & "break"

be outside the us for 6/12 mths the L.P.R continuous residence....."Stops the Clock"...so your 7/8mths absent will have to be added on, unless you can prove you did not abandon your L.P.R in that time period....sample...your still is Employed in the us, still has a us residence, filed IRS taxes, blah, blah blah.

Any Absent outside the us for more than 12 months will "break the continuous residence" ......The clock gets "re-set" and anytime you has spent inside before, will not count, Unless you filed a i-131 re-entry permit before you left the usa, which would be 2 yrs and 1 day or 4 yrs 1 day rule.

You as a L.P.R & can not file for a 130 while your living/working in another country....

Before you file you must be living in the same state for the last 3 months and other requirments.

Same goes for the N-400 application you mentioned.

Like i said at the top of my post...you have ask several different complex Questions and im just taking a stab of what your status as from today..

Give us more details....such as..

where you are as of now?

how long you been a L.P.R?

Do you live/work in the us?

basic stuff like that will help other members..and give you a better answers..

I hope that helps...

[john_and_marlene 162]

  nigel said:

be outside the us for 6/12 mths the L.P.R continuous residence....."Stops the Clock"...so your 7/8mths absent will have to be added on, unless you can prove you did not abandon your L.P.R in that time period.

According to the N-400 requirements, it does more than stop the clock--it resets it just as being gone 1 year would. The difference is that if you can show you did not stop residing in the U.S. while you were gone, they can accept it as continuous residence as long as physical presence requirements are also met. After 1 year, there is no justification to include the time as continuous residence.

You don't have to have been found to have abandoned your LPR status to be ineligible under these circumstances for naturalization

[nigel 7]

Before we can Move Forward with this, we need more Info as my last post shows.