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-   -   British hubby getting US Citizenship (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/british-hubby-getting-us-citizenship-920562/)

pendledreams5 Dec 30th 2018 11:53 pm

British hubby getting US Citizenship
 
Hello all,
My husband and I and kids are moving back to the UK, planning for Summer 2019. He has begun the process of getting his US citizenship, as all the lovely advice here, pointed us in that direction. The estimated time for getting his interview/ceremony says November 2019 however. We, if all goes to plan, will have settled in the UK by then. My question is can he travel back to the US from the UK to complete the US citizenship process, or did we mess things up with our timing?
Thanks in advance!

SanDiegogirl Dec 31st 2018 12:15 am

Re: British hubby getting US Citizenship
 
Yes he can travel back when it is necessary.

pendledreams5 Jan 1st 2019 5:50 pm

Re: British hubby getting US Citizenship
 

Originally Posted by SanDiegogirl (Post 12614386)
Yes he can travel back when it is necessary.

thank you SanDiego! That’s good news!

sun_burn Jan 1st 2019 6:03 pm

Re: British hubby getting US Citizenship
 
I think this is not a simple question, and this is better posted in the US citizenship subsection.

When you move prior to interview being scheduled, you're required to notify USCIS of change of address. Except for some circumstances typically related to a temporary assignment for a US employer, moving out of country will be seen as abandoning one's plan to naturalize. In general it is not advisable to move before the oath is taken.

SanDiegogirl Jan 1st 2019 6:41 pm

Re: British hubby getting US Citizenship
 

Originally Posted by sun_burn (Post 12614887)
I think this is not a simple question, and this is better posted in the US citizenship subsection.

When you move prior to interview being scheduled, you're required to notify USCIS of change of address. Except for some circumstances typically related to a temporary assignment for a US employer, moving out of country will be seen as abandoning one's plan to naturalize. In general it is not advisable to move before the oath is taken.

Having done some quick further research it looks like 'sunburn' could be correct. I based my answer on the actions of a relative of mine who moved back to UK while his naturalisation was processing and then returned to US to complete the process. However, whether he ever declared he had moved I don't know and it was years ago. Based on several answers from various forum when googling " going through naturalisation process in US, can I move/travel" the general consensus seems to be NOT a good idea, as one could be seen to be abandoning your permanent resident status (which one is if one is moving back to the UK).

Apologies .......

sun_burn Jan 1st 2019 7:00 pm

Re: British hubby getting US Citizenship
 
Moving out of country during the process is construed as abandonment of the naturalization process, except with some exceptions where the petitioner is required to inform USCIS and gain acceptance, via N-470:
https://www.uscis.gov/n-470

Unless all conditions in N-470 are met, the applicant will have been construed to have abandoned intent to naturalize, and probably abandoned permanent residency too, in this situation. I would advise only moving after the oath is taken, unless the conditions for N-470 are met.

Nicola3 Jan 1st 2019 9:31 pm

Re: British hubby getting US Citizenship
 
We are in the same boat. My EU husband submitted his US application last summer, he is not slated to be getting it until January 2020 and we plan to move to the UK this summer. Our plan is to keep an address, (my parents) and ride it out. (fingers crossed). We will fly back for the naturalization. HIs children are dual citizens and with some of our children remaining in the states, he wants to make sure he can return as needed. He has had a green card for 17 years.

Hotscot Jan 1st 2019 9:48 pm

Re: British hubby getting US Citizenship
 
Yes, but flight records will show you have left and could possibly be used against you by an intent administration.
It is possible to have citizenship gained through naturalization, revoked. Could hang over you...
Same advice goes. Don't risk it.

(I think anyway. If I'm wrong I will graciously accept correction.)

Noorah101 Jan 1st 2019 9:52 pm

Re: British hubby getting US Citizenship
 

Originally Posted by Nicola3 (Post 12614960)
We are in the same boat. My EU husband submitted his US application last summer, he is not slated to be getting it until January 2020 and we plan to move to the UK this summer. Our plan is to keep an address, (my parents) and ride it out. (fingers crossed). We will fly back for the naturalization.

This is not a good idea, as he isn't actually living there. One must be living in the USA in order to naturalize.

Rene

Noorah101 Jan 1st 2019 9:53 pm

Re: British hubby getting US Citizenship
 

Originally Posted by pendledreams5 (Post 12614385)
Hello all,
My husband and I and kids are moving back to the UK, planning for Summer 2019. He has begun the process of getting his US citizenship, as all the lovely advice here, pointed us in that direction. The estimated time for getting his interview/ceremony says November 2019 however. We, if all goes to plan, will have settled in the UK by then. My question is can he travel back to the US from the UK to complete the US citizenship process, or did we mess things up with our timing?
Thanks in advance!

You messed things up, but it's fixable. Don't move back to the UK until he takes his oath ceremony and has a US Passport.

Rene

sun_burn Jan 1st 2019 10:34 pm

Re: British hubby getting US Citizenship
 
During the N-400 interview, they ask if you've traveled out of the country since application. CBP will have your I-94 travel record to match what's in your application, or any update provided during the interview.

Nicola3 Jan 1st 2019 10:37 pm

Re: British hubby getting US Citizenship
 
I hear you. We applied well before our decision to move. We are willing to take the chance and are not willing to delay leaving. If we lose the application money and get denied, it is still better than staying in the US one day longer. We are well aware that it may not work out and take that chance

Hotscot Jan 1st 2019 11:23 pm

Re: British hubby getting US Citizenship
 
There is some leeway for travel abroad but they would question someone's commitment in becoming a citizen if the trips are too long/frequent, and if they've left their US employment.
I traveled quite frequently during that period. For conferences etc...but I had to provide the detailed rationale and keep careful track of my flights.

pendledreams5 Jan 1st 2019 11:40 pm

Re: British hubby getting US Citizenship
 
Thank you for all your replies! Seems like there’s some conflicting information. Kinda bummed to think that my hubby might have to forfeit his US citizenship application. I’m frustrated that the times for getting it have increased so much. We would have started the process sooner, he applied in November but we want to be moved by end of July, at the latest late August. Current wait times are between 8.5mos-16mos, just ridiculous :(

pendledreams5 Jan 1st 2019 11:40 pm

Re: British hubby getting US Citizenship
 

Originally Posted by Nicola3 (Post 12615000)
I hear you. We applied well before our decision to move. We are willing to take the chance and are not willing to delay leaving. If we lose the application money and get denied, it is still better than staying in the US one day longer. We are well aware that it may not work out and take that chance

same here! Frustrating wait times!


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