GPotts

Hi All,

You all helped me out incredibly while applying for my marriage based residency a number of years ago so wanted to once again thank you for all the amazing guidance and feedback during the process!

I’m back this time to ask for guidance on 2 separate but slightly related areas;


1. I received my Permanent Residency/GC in July of 2017 (EAD since Oct 2016, as well as living in the US since 2011 on multiple work visas) and I’m wondering when i am eligible to apply for a US citizenship or how to begin the process of applying


2. Since the pandemic the majority of my work has changed to remote and i have recently been approached by my wife’s family to travel and temporarily reside in South America for 6-12 months and then return back to the US with my wife and kids (all US citizens). As I’m still only a green card holder and not a citizen will traveling/residing outside the US for 6-12 months have any implications on my status as a green card holder, or are there requirements for me to re-enter into the US within certain time frames in order for me to maintain my status as a permanent resident?


Appreciate any insight and guidance on the topics!

GP

Olly_

1. You're eligible now under the 3 year rule because you're married to a US citizen and will be eligible in a few weeks under the 5 year rule - see here: https://www.uscis.gov/citizenship-re...on-eligibility

2. You should get a re-entry permit if you plan to do this. It could mess up your naturalization too...

https://www.uscis.gov/green-card/aft...anent-resident

Rete

That is only if your marriage is past the third year anniversary.

Olly_

Absolutely although the OP did say 'marriage based residency' so I sort of assumed that was the case!

GPotts

Hey all,

i believe I may have made things a whole lot more complicated for myself!!

As mentioned in the original post, my wife, 2 kids (all us citizens) and i (permanent resident GC holder) have plans to go to South America for a few months travel and return back to the US where we permanently reside.

A month or so ago i submitted my application for citizenship and was informed the process could take up to 12-18 months. I was advised to submit an application for a reentry permit also so that i could renter to US when we’re returning home to the US after our travel break to South America.

Yesterday, i received my naturalization appointment for July 19th. We’re leaving to South America for a brief 2 week vacation first next week June 28th so I’ll be back in the US for my interview appointment right in time, but then plan on traveling for the longer period In South America at the end of July. I have just submitted the rentry permit I-131 and really worried that with the timing of everything if i have completely messed everything up and made the entire process more complicated than i should have. Will me traveling after the interview on July 19th even with the rentry permit mess everything up and potentially be refused entry back? Or even cancel the entire naturalization application by leaving the country?

apologies if this isn’t the clearest.

petitefrancaise

Going on vacation after your naturalization interview is fine. ( My kids were studying in EU/UK and had to go back to Uni until their oath ceremony ).
My daughter was not offered a same day oath ceremony - I don't know if they are still doing it. However, going away for a longer time at the end of July less than 2 weeks after your interview may not work unless you are able to return for the oath ceremony. You can postpone it once with no issues.

MidAtlantic

Then if you achieve the oath ceremony you have to get your US passport to leave/return to the USA.

Pulaski

At this point I believe that GPotts needs to go through the entire process upto and including receiving his US passport, as even though a reentry permit should prevent any concerns over the continued validity of his PR status/ green card, I believe that being out of the US for upto 18 months is going to delay him being able to apply for citizenship for several years after he returns to the live in the US.