morpeth

Funny I have never known anyone to file the AR11 you refer to.

One option is to file for a re-entry permit which can be valid for up to 2 years. The only problem is if you are out of the country 6 months, it can create dout if you wish to renew green card or file for citizenship.The timetables are fairly specific for citizenship- have you been out of the country more than 50% of time last 5 years, how many stays more than six months etc. are typical issues to consider.

Also do not file a tax return as a non resident.

scrubbedexpat099

To get a re entry permit you need to do biometrics in the US, and that is more an issue related to maintaining permanent residency.

morpeth

quite agree but process can be relatively quick, and buys some time for final decision on citizenship. just a thought

Rete

Filing of an AR11 has been in existence since I've been a member of the immigration group in 1998. There is also an I-865 that the financial sponsor must complete when they change address in regards to the beneficiary of the change of status and/or IR/CR-1 visa, if the beneficiary has not become a USC, or worked for 40 quarters under SS, etc.

Also she is married to a USC. The five year rule does not pertain to her ... rather it is the 3 year rule for naturalization eligibility.

morpeth

in regards to the form i am saying anecdotally i know of no one who has filed.

A far as the 5 years and the green card, i know someone going through this right now- left country on 2 year re-entry visa, married to USC, but returning to states told ( by three different attorneys​)​​​​​ that since out of country more than 50% of time last 5 years (person had travelled before re entry visa too) that would have to wait at least 4 years after returning to apply for naturalization. If OP going to UK for loger term residence thought it might be pertinent.

tht

mattiel

Thank you everyone. I plan to return to the US and apply for citizenship, have the initial interview and leave for a few months. My biggest concern is by the time the citizenship interview comes around my husband will be a UK resident, will this affect my chances of getting citizenship? Would they even know? Also, could they possibly know that I am back enrolled with with HRMC and have a small business set up in the UK and am no longer really a resident in the US? It's possible I could even close my business down here until I get the citizenship.

civilservant

I really think you need to be careful here. They will ask when you go to take the oath if you have been out of the country at all since the interview, and they will ask if you have been out of the country since the application at the interview.

You also need to be resident in the area that you are living in for 3 months before the application.

You are aware it's possible it'll be 12 months between application and interview right? And that you will have a biometrics appointment a few weeks after the application is received? I think mine was about 3 weeks after.

mattiel

My plan was to go back for a couple of months and have the biometrics taken in that time and then leave and come back before the oath and stay until that has been completed.

However, I did not know I had to be a resident at that address for 3 months prior. My green card is registered at that address but I lived in another state prior to leaving for the UK, and I have been in the UK since. Guess that doesn't look too good.

What would some other options be? Should I just give up my residency there and restart the application if we decide to ever move back? Maybe i've just missed the boat on this.

SpoogleDrummer

On another forum a user was asking if they could move to Canada whilst waiting on citizenship and everyone said no, the fact you've already moved would suggest to me you are already too late to apply. I don't think this is the kind of thing you want grey areas in as although they might give you citizenship they can always take it away if you give them any excuse.

MidAtlantic

Your options are to consult an immigration attorney to see if there is a way to salvage the present situation (I doubt it) or accept that you have missed the boat and would have to start again in the event of wanting to return to the USA.

For other readers this is an example of why, when one partner is a US citizen, it is advisable for the other to seek US citizenship as soon as possible.

petitefrancaise

OP, you are wanting information that I honestly think is beyond the knowledge on this forum. We used to have a great poster who knew the law but he is sadly no longer wasting his life here!
I have knowledge of various people that had possible issues or that actually did live out of the country between application and interview and were perfectly up-front about it. In their case, they said that there was a compelling reason to be out of the country (Job move for USC spouse) and the oath ceremony was arranged specifically so that the new USC would not have to fly back for it - it was 2 days after the interview. I would imagine that presenting documents proving your mother's ill health might need to be provided but then I am no lawyer. As Rete said, right at the beginning of this thread, a consultation with a good immigration lawyer could be money well spent for a definitive answer.
Also, here in Texas, I am hearing that the timeline for naturalization is now 4-6 months! Although our lawyer said 8-12 months. Election time coming up, I think?

scrubbedexpat099

The N400 guide on the USCIS web site is pretty good.