Mrlana

Hi All,

I have a unconditional green card which I received based on marriage to US citizens who I'm no longer with. So I have to wait 5 years (two more) before I can apply for Citizenship. Do I have to live in the country while waiting?

Just Jenney

You don't give enough information about your situation to give you a definitive answer. (For example, we don't know how long you've already lived in the US as a permanent resident.)

There are naturalization requirements of continuous residence in the US as well as physical presence in the US. The best thing to do is to look up these details in the USCIS's Guide to Naturalization (PDF) and look at pages 22-23.

~ Jenney

Mrlana

Hi Jenny,
Thanks for the reply. I've lived in U.S. continuously for about 6,7 years. I rececived my perminent green card in November last year. I received my perminent green card based on a marriage with US citizen for 2 years (well longer but i had a conditional green card for two years). Since we are no longer together instead of 3 I have to wait 5 years to apply for citizenship. That means I have to wait for about two more years before I can apply. My original question was do I have to wait in U.S. or can I live out side of the country while I'm waiting and then come back to apply.

fatbrit

You have to be resident in the state where you are applying for 3 months; generally, you cannot apply from abroad.

If you leave the US with the intention of settling elsewhere, you could loose your permanent resident status and then would not be eligible for naturalization.

If you leave the US for more than 6 months, your permanent resident status will probably be questioned. If you lose this status, you will also lose your eligibility to naturalize

If you leave the US for more than a year without filling out a request to so do and this being granted, you may lose your permanent resident status and therefore your eligibility to naturalize.

If you apply for citizenship, you will probably have at least three appointments to attend: biometrics, interview, ceremony. You will probably not get more than a few weeks notice of each, and rescheduling will be difficult.

Mrlana

Thanks. Appreciate all of your's help.

fatbrit

Probably best to stay and naturalize. Then you can go live where you please and USCIS is off your back for good.

Mrlana

I think that is the best way, too. Thanks.

meauxna

Mrlana, your time as a PR starts when you get your first Green Card. On the front of your card should be a box that says "Permenent Resident since XX/XX"
Check what yours says and it's 5 years from that date. The conditional/not makes no difference when counting for naturalization. You may be able to apply sooner than you thought.

Rete

Also there are requirements on how much time you can spend outside of the US in any one given year prior to naturalization to still be eligible for naturalization. The guide to naturalizations all the criteria you have to meet.

Bob

With that in mind, just curious, but what if you were abroad but dealing with US issues, like a spouse stationed in the military, or a military contractor serving in say south korea, how would that affect the clock?

bionomique

The DoD describes some provisions for permanent residents who are in military positions.
DOD Directive 5500.14 NATURALIZATION OF ALIENS SERVING IN THE ARMED FORCES OF THE UNITED STATES AND OF ALIEN SPOUSES AND/OR ALIEN ADOPTED CHILDREN OF MILITARY AND CIVILIAN PERSONNEL ORDERED OVERSEAS
http://usmilitary.about.com/gi/dynam...tml/550014.htm

Rete

In some instances the foreign spouse with be eligible to apply for naturalization regardless of the naturalization time clock based on the USC's duty outside of the country. Look for posts from Mr. F for further clarification of those regulations.

Bob

So that applies to spouses of those in the armed forces as well? cool...