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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Can I apply? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/can-i-apply-905176/)

figthefox Oct 28th 2017 3:21 am

Can I apply?
 
I’ve been a resident since 2012 and now we are considering a move back to the UK. My kids are all dual citizens so I’ve been advised to apply for citizenship. Have I lived in the US long enough? I’m also interested in the process and how long it all takes.

Noorah101 Oct 28th 2017 4:43 am

Re: Can I apply?
 
You can apply for US citizenship 5 years from the date you became a PR (3 years if based on marriage to a USC).

Details are found at www.uscis.gov. Form N-400 and instructions, plus the USCIS Guide to Naturalization.

Things have slowed down at the moment and it seems the process is taking about 10 months or so.

Rene

Twinkle0927 Oct 28th 2017 10:50 am

Re: Can I apply?
 
It's certainly advantageous to take any citizenship to which you are eligible. You never know where life may take you and having an extra passport up your sleeve is not a bad thing. Also it's always good to have the same citizenship(s) as your children so that you will always be able to live in the same country as them.

Remember as a USC you will be required to file tax returns with the IRS every year - even if you don't live in the US.

Check to see if you are eligible for the new online filing process (follow the questions on the USCIS website and answer as they apply to you). If you are eligible, you should be able to complete the process in 3 to 4 months. If not, you must go through the paper and post method and it can take anything up to a year.

rpjs Oct 28th 2017 3:22 pm

Re: Can I apply?
 

Originally Posted by Twinkle0927 (Post 12370095)
Remember as a USC you will be required to file tax returns with the IRS every year - even if you don't live in the US.

And that might go away as part of the current tax reform effort - switching the US to taxation by residence (like the rest of the world excluding Eritrea) is actively under consideration as part of the package.

Pulaski Oct 28th 2017 3:38 pm

Re: Can I apply?
 

Originally Posted by figthefox (Post 12369986)
I’ve been a resident since 2012 .....

A "permanent resident" aka green card holder? Of so as of today you can definitely file an application for citizenship as anyone who has a green card other than by reasons of marriage to a USC can file 90 days before the fifth anniversary of becoming a permanent resident, and you would meet that criteria even if you became a permanent resident on 31/12/2012.

If you are a permanent resident because you are married to a US then the limit is only three years (less 90 days for filing).

rpjs Oct 28th 2017 3:39 pm

Re: Can I apply?
 

Originally Posted by figthefox (Post 12369986)
I’ve been a resident since 2012 and now we are considering a move back to the UK. My kids are all dual citizens so I’ve been advised to apply for citizenship. Have I lived in the US long enough? I’m also interested in the process and how long it all takes.

The process is that you file a form N-400. You may need to provide some supporting documents if you're filing within the 3-year time frame as the spouse of a USC, etc.

About a month or two later you will be asked to attend a USCIS application support center local to you to provide your "biometrics": fingerprints for a background check and have your photo taken, this will (usually) appear on your certificate of naturalization. You will be given a booklet and CD of the 100 questions that may be asked as part of the civics test.

Some months later you will be called to interview at the district USCIS office for your location. There you will be asked up to ten questions from the 100 for the civics test. As soon as you reach six correct they stop. You will also be asked to read a simple sentence of English and write a simple sentence of English that the officer reads to you. You will the go through the N-400 form with the officer who will ask you if any particulars have changed. There are some documents you'll need to bring such as tax returns or transcripts and details of any brushes with the law such as traffic violations etc.

Assuming you pass the interview, which most people would have to try very hard to not do, you will be told you've been successful (usually the officer will say it's subject to final confirmation by their supervisor but this is usually a formality). The officer should be able to tell you roughly when to expect your naturalization ceremony - 1-2 months from interview is typical but some district offices do them on the day, at which point you're all done.

At the naturalization ceremony you'll be asked if anything has changed since the interview, e.g. have you been abroad since then. You get to check your naturalization certificate is correct and then everyone attending takes the oath of allegiance to the US together. The presiding officer (a US district judge in my case) will make a short speech welcoming you all as citizens and if you're unlucky (I was lucky) there'll be a recorded video welcome from Trump too. You'll probably also make the pledge of allegiance to the flag and may get to sing the national anthem or some other patriotic song like America the beautiful. Then each person is called individually to receive their certificate.

Usually the biggest wait is between biometrics and interview, which can be some months (six in my case). You can use the USCIS website to find out which is your district office, where you'll have your interview, and the processing times for that office although IME that was way out, saying they were still processing applications from before my application date well after I was done.

Figure 6-9 months to do the whole thing. Maybe a bit faster if you're in the sticks and your district USCIS office is one of the less busy ones.

Pulaski Oct 28th 2017 3:48 pm

Re: Can I apply?
 

Originally Posted by rpjs (Post 12370182)
.... Assuming you pass the interview, which most people would have to try very hard to do, you will be told you've been successful ....

"Try very hard to do"??? :confused: Or did you mean to say "try very hard not to do"? :unsure:

The interview and test questions should not be any challenge at all to a native English speaker with a vague awareness of US history and an equally vague awareness of how the government of the US is organized.

Back in 2007, my interview was an hour long, which appeared to be standard, of which 10 minutes was spent on the matter in hand. The rest was spent shooting the breeze about, in no particular order: the Falklands war, the Gulf war(s), Saddam Hussein and other Middle Eastern despots, the (then current) Afghan war and previous conflicts in Afghanistan, the method of government in the UK, the Royal family, the history of the Royal family and how it relates to the government of the UK, including the Act of Union, renovating houses, in the UK and US, rewiring work and electrical standards, plumbing, roofs, and other sundry construction topics, such as hardwood flooring, crawlspaces the joys of working in them, and how to deal with the dirt, damp, and the bugs and critters you might find down there. It was a busy hour! :rofl:

rpjs Oct 28th 2017 3:54 pm

Re: Can I apply?
 

Originally Posted by Pulaski (Post 12370184)
"Try very hard to do"??? :confused: Or did you mean to say "try very hard not to do"? :unsure:

The interview and test questions should not be any challenge at all to a native English speaker with a vague awareness of US history and an equally vague awareness of how the government of the US is organized.

Back in 2007, my interview was an hour long, which appeared to be standard, of which 10 minutes was spent on the matter in hand. The rest was spent shooting the breeze about, in no particular order: the Falklands war, the Gulf war(s), Saddam Hussein and other Middle Eastern despots, the (then current) Afghan war and previous conflicts in Afghanistan, the method of government in the UK, the Royal family, the history of the Royal family and how it relates to the government of the UK, including the Act of Union, renovating houses, in the UK and US, rewiring work and electrical standards, plumbing, roofs, and other sundry construction topics, such as hardwood flooring, crawlspaces the joys of working in them, and how to deal with the dirt, damp, and the bugs and critters you might find down there. It was a busy hour! :rofl:

Mine was no more than 20 minutes or so, but as they seemed to call everyone in for a "2pm interview" and then actually processed us in rough order of arrival I guess they were too busy for anything off topic.

Thanks for the spot BTW.

figthefox Oct 28th 2017 5:38 pm

Re: Can I apply?
 
I should say that I arrived in the US in 2012 and had to wait two years to apply for my green card which I’ve had since the beginning of 2015. Am I right in thinking I need to wait until Jan 2018 to apply? I’m married to a USC.

civilservant Oct 28th 2017 5:45 pm

Re: Can I apply?
 
What visa did you enter on? Did you AOS?

figthefox Oct 28th 2017 5:50 pm

Re: Can I apply?
 
I don’t know what AOS is!

civilservant Oct 28th 2017 6:02 pm

Re: Can I apply?
 
Adjustment of Status

Rete Oct 28th 2017 6:13 pm

Re: Can I apply?
 

Originally Posted by rpjs (Post 12370189)
Mine was no more than 20 minutes or so, but as they seemed to call everyone in for a "2pm interview" and then actually processed us in rough order of arrival I guess they were too busy for anything off topic.

Thanks for the spot BTW.

Jim's was only about 20 minutes, as well. In and out with the examiner in tow to be introduced to me and chatted for a bit and asked if we could wait there for the interview appointment letter instead of being sent to us and he said "yes". That was the longest part ... waiting 40 minutes for the appointment letter to be printed and given out.

Rete Oct 28th 2017 6:17 pm

Re: Can I apply?
 

Originally Posted by figthefox (Post 12370230)
I should say that I arrived in the US in 2012 and had to wait two years to apply for my green card which I’ve had since the beginning of 2015. Am I right in thinking I need to wait until Jan 2018 to apply? I’m married to a USC.

Oh my, that leads to other questions. Why did you wait until your marriage was two yrs old? Did you not know about the conditional part and that it is a simple matter to remove those conditions after having your conditional green card for two years?

How did you enter the US. Was it with a legal visa to live and work here or did you just waltz in under the radar of a tourist and work off the books for two years?

Yes, you will need to wait until 90 days before your third year as a PR to apply for naturalization.

BTW AOS is adjustment of status and that is what you did to get permanent residency based on marriage to a US Citizen.

Noorah101 Oct 28th 2017 7:13 pm

Re: Can I apply?
 

Originally Posted by figthefox (Post 12370230)
I should say that I arrived in the US in 2012 and had to wait two years to apply for my green card which I’ve had since the beginning of 2015. Am I right in thinking I need to wait until Jan 2018 to apply? I’m married to a USC.

You can file the N-400 up to 90 days prior to your 3rd anniversary as a PR. The marriage must be 3+ years old, too.

Check the USCIS Guide to Naturalization for other requirements.

Rene


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