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Filed: Citizen (apr) Country: Australia
Timeline
Posted

There's a chance that DH might be given a job offer for next year - in Canada! (They're definitely going to offer him a contract, but they have yet to decide whether they need him more in Washington or Toronto...) I'd have no objection to living in Canada for a few years (I loved the place when I visited...) but how would it affect my status here? ATM I have a conditional greencard, but I'll be putting in my 10-year-ap in October so I'd hopefully have the permanent one before we moved.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

Filed: Citizen (apr) Country: England
Timeline
Posted

I don't think it matters really if you have a conditional or unconditional green card. If you are out of the US for more than a year, and some say as little as 6 months, it could held you have given up your residence.

A few years out of the US would be very problematic.

What to expect at the POE - WIKI entry

IR-1 Timeline IR-1 details in my timeline

N-400 Timeline

2009-08-21 Applied for US Citizenship

2009-08-28 NOA

2009-09-22 Biometrics appointment

2009-12-01 Interview - Approved

2009-12-02 Oath ceremony - now a US Citizen

Posted

Yep, conditional versus unconditional doesn't matter. But time away from the US can do two things: It can cause abandonment of status, that is losing the Green Card completely and the LPR status it represents, or if it doesn't outright cause the LPR status to be abandoned, it can cause a break in the "continuous residence" time needed for citizenship. There are also citizenship requirements for "physical presence", that is, minimum time which must be spent inside the US before you can apply for citizenship.

Once you have citizenship, then leaving the US for any length of time doesn't cause a loss of that citizenship.

The most conservative thing to do is to avoid leaving the US for any trip of more than six months, and to maintain your primary residence (apartment or house) inside the US until you get citizenship. You don't HAVE to be this conservative, of course. The other extreme is to abandon the green card entirely, leave the US, and start over with an IR-1 visa when you want to come back to the US.

If you want to try and leave the US for an extended period without losing your status, you need to do some research into abandonment of status issues.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Posted

hi ya kajikat

thought you would like to read what USCIS has to say about permanent resients and their responsibilities mate.

might help understand it further..

from what i read if you stay stay is over a year you need to get a re-entry permit AP...

take a look at the link below..

now your a permanent resident

take care and good luck

kath

REMOVING CONDITIONS

11th Aug 2008 - Mailed I-751 to CSC.

12th Aug 2008 - Application received

14th Aug 2008 - Cheque cashed

18th Aug 2008 - Received NOA-dated the 12th

26th Aug 2008 - Received Biometrics letter

4th Sept 2008 - Biometrics-Detroit-Complete-'Touched'

5th Sept 2008 - 'Touched'

1st Dec 2008 - APPROVED-Card production ordered -112 days

8th Dec 2008 - USCIS mailed approval notice.

8th Dec 2008 - Received my 10 year Greencard in the mail. took 2 days.

Although I have the above date for approval my card actualy states the

2nd December..

Filed: Other Timeline
Posted
hi ya kajikat

thought you would like to read what USCIS has to say about permanent resients and their responsibilities mate.

might help understand it further..

from what i read if you stay stay is over a year you need to get a re-entry permit AP...take a look at the link below..

now your a permanent resident

take care and good luck

kath

The second 'blip' under 'maintaining your permanent residence' is the appropriate blip. Especially the part which says 'any absence' can cause an abandonment.

Hence the common conservative wisdom of staying away no longer than six months.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

Yes you will need to maintain US residency. If you did move, then they would most likely abandon your GC. Before 6 months the USC has to prove you didn't meet residency requirements. After 6 months you have to prove to the USC that you did maintain the residency requirements and anything over a year will most likely be considered abandoned.

Even after 6 months you'd need to apply for a re-entry permit as well, however that's not all you'll need. As mentioned you need to show and prove you were comming back, house/apt, bills paid etc. Best is to decline the job until after you become a USC...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Yes you will need to maintain US residency. If you did move, then they would most likely abandon your GC. Before 6 months the USC has to prove you didn't meet residency requirements. After 6 months you have to prove to the USC that you did maintain the residency requirements and anything over a year will most likely be considered abandoned.

Even after 6 months you'd need to apply for a re-entry permit as well, however that's not all you'll need. As mentioned you need to show and prove you were comming back, house/apt, bills paid etc. Best is to decline the job until after you become a USC...

(sighs) After four years and however many thousand dollars it all cost, I can't throw in the towel without anything to show for it, so I guess I'm stuck here. :( It's not like I can say 'just another year until I get citizenship', because I know how long the damned backlogs are - it's a year until I can apply, and probably another two years after THAT until I get the piece of paper... :(

Better hope they don't offer him the job after all, because they started talking about it a year ago (only it was supposed to be Washington) and after all this time he'd probably get sacked if he said no!

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

  • 2 weeks later...
Posted

Hi,

if a P/R is going to be out of the us more than 12mths he/she must file a 1-131 form this is a re-entry permit....cost$170.00 this will cover you and up to, for 2yrs outside the usa

if your outside the us tho then this will break up any intent to become a usc in the future..as to become a usc, you must be living in the us for 3yrs without going over that 1yr you intend to stay..

Saying all that myself had p/r status back 17mths ago and left the usa for 8mths and on the return back to the us they at p.o.e pulled me to the office for 2hrs asking me why i was out for so long...as i told them i had a family death (my sister) and also had to tie up depts ect....but after long time they let me in.....but was told to file i-131 form

i contacted dhs and they said they have no right in holding you as i was not out of the usa more than 1yr and showed my P/R card and D/L

But yep even tho dhs say one thing P.O.E has the power to do the other even if not outside the us more than a 1 yr...

I stayed in the usa for 3wks as still i have loose ends as i was going to sell home but that went paired shaped, so im back in the uk now and have intention of renting home and getting back to the usa within a good time frame this time...(not to leave it so long like before)

On dep the us me and wife spoke to P.O.E officers and told them what happened they said more or less not to stay out so long next time, of which i wont do, because as soon as i can apply for usc myself after 3yrs of which ive done almost half that time now and dont want to blow it...

Im not sure if they can take into account my 8mths away from my time but the law states if im outside the usa for more than a yr then that time wont be incl in the 3yrs...

Another point ...if your 0utside the usa for 4 out of the 5 yrs of being a P/R then then the dhs/uscis/ins can take your P/R off you....

This is why myself would like a usc so then proberly i wouldnt have any problems with P.O.E AGAIN ! AGAIN, AGAIN...Thank God

Anyway best advise for you to be safe is apply for a i-131re-entry permit which covers you for 2 yrs....but apply before you leave...

I hope this info helps you and others..

Best wishes

Yes you will need to maintain US residency. If you did move, then they would most likely abandon your GC. Before 6 months the USC has to prove you didn't meet residency requirements. After 6 months you have to prove to the USC that you did maintain the residency requirements and anything over a year will most likely be considered abandoned.

Even after 6 months you'd need to apply for a re-entry permit as well, however that's not all you'll need. As mentioned you need to show and prove you were comming back, house/apt, bills paid etc. Best is to decline the job until after you become a USC...

 
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