nadnad

Hi all.
my short story
married to a US citizen for 6 years
Got GC in 2006.
Was working full time in UK since 2006- Got a re entry permit in 2007.
Entered USA in May 2009. Started full time job in USA.

My presumptive plan- apply for naturalization in November 2010(it will be 18 months since I entered USA in May 2009).

My argument- married for last 3 years to a USC, Spend 18 months of those last 3 years in USA.

My doubt- from year 2006 till May 2009 i had a GC, but was working full time in UK. 2007 till 2009 i was working full time in UK on a re entry permit.

AM I ELIGIBLE TO APPLY FOR NATURALIZATION? IF NOT WHICH MONTH AND YEAR SHOULD I BE ELIGIBLE?

nadnad

oops, sorry didnt realise i was not in the USA Immigration section- wish some one moves me, Ta

ian-mstm

You must fulfill both the "physical presence" and "continuous residence" requirements. If I understand what you've written, your naturalization clock stopped when you were outside the US for more than 1 year - reentry permit notwithstanding. In that case, you must now wait 4 years + 1 day from the date you reentered the US before you can apply. I don't know if that can be waived if married to a USC... you would still need to meet those 2 requirements in addition to the 3 years married to a USC. Hopefully, someone else can clarify.

Check out the Guide to Naturalization... it's spelled out pretty clearly.

Ian

S Folinsky

[Sigh] OP needs a legal consultation.

nadnad

If only i could afford you

Ray

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

Rete

Not true. He is still eligible to file under the 3 year rule but if he is outside of the US for more than one continuous year than the clock is reset and he needs to wait for another 2 years +1 day (the clock is reset one year after a full day spent in the US).

Also depends on his having maintained US residency, the company he worked for in the UK (where they a US company who transferred him), etc.

You do not need to retain the services of an attorney for a one time consultation with one. I'm sure you can afford to squeeze out $100 for a consult and if not, then depending on where you are living look for a city sponsored or community sponsored or school sponsored program that aids immigrants.

ian-mstm

Thanks for the clarification... I wasn't sure!

Ian

nadnad

Just to add- when i was working in UK i made a trip to the US every year, but these trips were like a week long. So i was not continously out of US for years.

My UK job was not related to any USA employer.

Rete

Yes you were outside of the US for one continuous year regardless of your vacations to the US of a week now and again. You were living (residing) and working in another country. You maintained your residency in the US but you were not residing in it.

S Folinsky

Rete: you nailed it on post #7 -- 100%.