DDL

My husband, a UK citizen, entered the United States on a CR-1 visa on Oct. 29, 2004. (We were married in July 2004 and DCF'd via London). Shortly thereafter, he received his [conditional] Permanent Residency Card, and in July we will be filing the necessary paperwork to lift those conditions. We have not made any trips/visits back to the U.K., but will be over there for two weeks in August for a wedding.

Due to some overseas family issues, we want to return to the UK to live, but think it is wise for him to obtain his U.S. citizenship first.

From my research, it looks like he can start the application process for U.S. citizenship in July 2007.

The USCIS website says that, in addition to meeting the other requirements, the person seeking citizenship must "live within a state or district for at least 3 months before you apply."

Question: Is it legal for him to apply for his citizenship in July 2007, and us move back to the U.K. in August?

Noorah101

Well...it is legal to move back to the UK anytime, but if he wants to avoid the risk of losing his PR status and his citizenship process, it would be wise not to move back to the UK until he actually is a USC, which won't be until after he gets called for his citizenship interview and attends an oath ceremony. From what I've seen, that can take up to a year or so after the time of filing for citizenship.

Best Wishes,
Rene

ian-mstm

Anytime between July 31 to October 29 will be correct.


Yes, anytime after July 31, 2007.


It's certainly legal to apply for citizenship, but moving to the UK may have an effect on his PR status which must be maintained throughout. Also, any time out of the US will count against the residency requirement. It may be best to wait, if possible, until after he is a USC.

Ian