Forum	Title	Content	Member	Sex	Country	Date/Time
US Citizenship General Discussion	Citizenship Eligibility	Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR. Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency. what do u mean?? how could my husband lose his US residency when he didnt stay here in Phil for 1 yr. hubby has his flight skeduled already.. what seems to be the problem????????????? he is pretty sure though that he could come back... You can lose residency in a day, theoretically, there is no magic timeline: Maintaining Permanent Residence Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident. You may be found to have abandoned your permanent resident status if you: * Move to another country intending to live there permanently. * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. * Fail to file income tax returns while living outside of the US for any period. * Declare yourself a “nonimmigrant” on your tax returns. Ic,, now i understand what u've meant hubby just wnt back here to phil from May 2005 - April 2006 to finish College. hubby didnt work here in phil and right now he is leaving the country by april 3, 2006	jana_victoria123	Female	Philippines	2006-03-27 23:56:00
US Citizenship General Discussion	Citizenship Eligibility	Has ben mentiond in passing, but his first step would be to see if he can get back into the US as a LPR. Everything else rather hangs on this, and there is no mention of how he has sought to retain his US residency. what do u mean?? how could my husband lose his US residency when he didnt stay here in Phil for 1 yr. hubby has his flight skeduled already.. what seems to be the problem????????????? he is pretty sure though that he could come back... Edited by cloe, 27 March 2006 - 11:36 PM.	jana_victoria123	Female	Philippines	2006-03-27 23:35:00
US Citizenship General Discussion	Citizenship Eligibility	That should be enough for 1 day. It's 3 a.m. there Get some sleep Ur right... its 3 am already.... this whole thing is driving me crazy. thank you for ur big big help... ill go ahead and sleep first... thank you thank you.. God bless U.	jana_victoria123	Female	Philippines	2006-03-27 14:00:00
US Citizenship General Discussion	Citizenship Eligibility	thanks guys// so what i need right now is a 2x2 pic and not a passport photo.. tnx a lot!!!! let me go ahead and have those prepared before hubby leaves btw how many does hubby needs?? is there anything else i should prepare? Edited by cloe, 27 March 2006 - 01:56 PM.	jana_victoria123	Female	Philippines	2006-03-27 13:55:00
US Citizenship General Discussion	Citizenship Eligibility	waaaa?? is it a 2X2 i thought its passport size??? That is U.S. passport size for photos. 2 inches by 2 inches. Does it mean the passport size that i told the photographer here in the phil is the incorrect one? bcoz i just told the photographer to give me passport size photo.. i didnt know that US passport photo has a different size	jana_victoria123	Female	Philippines	2006-03-27 13:45:00
US Citizenship General Discussion	Citizenship Eligibility	Domicile Defined 4. The new regulations define domicile as follows: 'Domicile means the place where a sponsor has a residence, as defined in section 101(a)(33) of the Act in the United States, with the intention to maintain that residence for the foreseeable future, provided, that a permanent resident who is living abroad temporarily shall be considered to be domiciled in the United States if the permanent resident has applied for and obtained the preservation of residence benefit under section 316(B) or section 217 of the Act and provided further, that a citizen who is living abroad temporarily shall be considered to be domiciled in the United States if the citizen's employment abroad meets the requirements of section 319(B)(1) of the Act." (Note: "The Act' refers to the INA.) I found that definition at this web page. When he comes back to the USA, where does he live? Does he own or rent a home? If he has none of these, then domicile might be tough to prove. G thankyou for all the helpful information gag54611 guys.. correct me if I am wrong... it would be best if hubby would be filing the 1-130 right away, correct? we dont have to wait for his citizenship any longer... bcoz waiting for his citizenship would prolong the time that we are apart. I think he should file it right away. You can prepare the G325a for you and have your 2X2 photos taken so that he can bring it back with him. waaaa?? is it a 2X2 i thought its passport size???	jana_victoria123	Female	Philippines	2006-03-27 13:40:00
US Citizenship General Discussion	Citizenship Eligibility	it would be best if hubby would be filing the 1-130 right away, we dont have to wait for his citizenship any longer... bcoz waiting for his citizenship would prolong the time that we are apart. thankyou guys!! ill keep u posted! I see.. Hubby's parents live in US as well as his sister... all of them are US citizen except for him becoz his petition was approved before he turned 21.. Hubby doesnt have any house yet in US for he lives w/ his parents during his stay in US... --its just sad that his clock starts over again... -------------but i guess petitioning me even if he is an LPR wont hurt bcoz basing on what u've said and what the priority dates shows.. waiting time is 4 yrs (as an LPR) and even if we wait till he become a citizen, i believe it would take longer... becoz his clock starts over again........... THANK YOU SO MUCH,,, hubby would be filing the i-130 the moment he comes back to US... he is thinking of getting a lawyer regarding this... i hope it would help. I think we've finally cleared this up. The best part is that none of the naturalization timeline will delay you joining him here. And, now he's aware of the implications of longer trips on his naturalization eligibility. Yes.. i beliv so... naturalization wont delay me heheheh.... U guys are so great!!!!!! U cleared my mind special thanks to john_and_marlene uve been so patient in all my posts!! Edited by cloe, 27 March 2006 - 01:35 PM.	jana_victoria123	Female	Philippines	2006-03-27 13:37:00
US Citizenship General Discussion	Citizenship Eligibility	I see.. Hubby's parents live in US as well as his sister... all of them are US citizen except for him becoz his petition was approved before he turned 21.. Hubby doesnt have any house yet in US for he lives w/ his parents during his stay in US... --its just sad that his clock starts over again... -------------but i guess petitioning me even if he is an LPR wont hurt bcoz basing on what u've said and what the priority dates shows.. waiting time is 4 yrs (as an LPR) and even if we wait till he become a citizen, i believe it would take longer... becoz his clock starts over again........... THANK YOU SO MUCH,,, hubby would be filing the i-130 the moment he comes back to US... he is thinking of getting a lawyer regarding this... i hope it would help.	jana_victoria123	Female	Philippines	2006-03-27 13:25:00
US Citizenship General Discussion	Citizenship Eligibility	what does this mean?? Unless he can show that he maintained his domicile in the U.S. while he was away... what is domicile... sorry for asking a lot of questions..	jana_victoria123	Female	Philippines	2006-03-27 13:03:00
US Citizenship General Discussion	Citizenship Eligibility	was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me.. also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen... Let's try to clarify: Yes, he can file the I-130 as an LPR. Yes, he is eligible for citizenship even if he visits you every 6 months, BUT he may only stay in the Phillipines for less than 6 months at a time. If your husband's parents sponsor you to get a green card, you will wait even longer than all of the suggestions that have been made previously. My recommendations are: 1. Get your husband to file the I-130 ASAP. 2. Ensure that your husband returns to the USA before his current visit with you exceeds 1 year. 3. Since your husband became a permanent resident in April 05, but then left for the Phillipines 1 month later, and he still isn't back here, he has only accrued 1 month of the 30 months needed to be able to apply for citizenship after 5 years of green card holding. Therefore, he has to accrue the remaining 29 months over the next 4 years. So, if he visits you every 6 months, then each visit with you should be limited to 2 months at the most. This means that you'll see him for 4 months of the year, and the other 8 months he'll be in the USA. Hence, 4 years * 8 months = 32 months. This means that he'll slightly exceed the 30 month requirement. 4. I do not recommend that you try to circumvent the process by entering on any other type of visa. Your chances of getting such a visa anyway are slim, given that your application will show that you are married to a US permanent resident. Its your choice, of course. Best of luck, G I see.. U made things clear to me.. meaning his almost 1 yr stay here is also included.. am i right?? riyt now what we need to have is 29 mos more... Hubbys parent would like to sponsor me as a tourist and not as a green card holder.. is that possible? will that be faster??? Btw.. i would tell hubby that the moment he comes back to US to file the I-130 right away... i believe our w8 time would be 4yrs frm now like what **jhon & marlene** told me so.. one more thing... if the i-130 has been filed am i still eligble for any kind of non immgrant visa or not anymore?? thankies	jana_victoria123	Female	Philippines	2006-03-27 13:00:00
US Citizenship General Discussion	Citizenship Eligibility	Has he maintained a U.S. residence for the past year while he has been away? what do u mean?? can u pls explain further? -hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006... hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006 2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!! G Hubby has his flight skeduled this April 3 2006... would there b a problem?? He left the U.S. soon after gaining LPR. He has been gone for over 6 months. If he cannot show that he did not abandon his residence (did not have a domocile in the U.S.) then the clock starts over again for the 5 years. The concept of “continuous residence” concerns the maintenance of the applicant’s domicile in the United States over the period of time required by the statute. Regulations provide the general rule that for naturalization purposes the residence in question “is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.” (See 8 CFR 316.5(a)). 1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence. does it mean hubby's clock starts over again?? but he didnt went over a year...	jana_victoria123	Female	Philippines	2006-03-27 12:53:00
US Citizenship General Discussion	Citizenship Eligibility	Has he maintained a U.S. residence for the past year while he has been away? what do u mean?? can u pls explain further? -hubby has been an LPR since April 2005.. he went back to phil May 30, 2005... And now his flight is skeduled on April 3, 2006... hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006 2)has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; Item 2) will be an issue if he doesn't make it back here in April. Since he has been in the Phillipines since May last year. Make sure that he doesn't exceed the year!! G Hubby has his flight skeduled this April 3 2006... would there b a problem??	jana_victoria123	Female	Philippines	2006-03-27 12:03:00
US Citizenship General Discussion	Citizenship Eligibility	was just wondering if it is ok to file the petition even if he is still an LPR and i am also worried that he may not be eliglbe for citizenship if he would come back here in the phil every 6 mos to visit me.. also thinking not to file it yet bcoz maybe i may be eliglbe to enter us using non immigrant visas... coz hubby's parents are planning to sponsor me... btw hubby's parents are both US citizen... Edited by cloe, 27 March 2006 - 11:42 AM.	jana_victoria123	Female	Philippines	2006-03-27 11:40:00
US Citizenship General Discussion	Citizenship Eligibility	Hi... hubby has been an LPR since April 2005. But was in the Phil since May 2005 - April 2006. Would this affect his eligibilty to be an American Citizen?? -got married Dec 2005 -hubby plans to file the I-130 by June 2006 -hubby would be visiting me every 6 mos but wont be exceeding 6 mos outside US. -hubby would be applying citizenship by Feb 2010. -Hubby would then be adjusting his status for my petition. *** do u think this would work? or would it be best not to file the I-130 yet for me to be eligble w/ non immigrant visas like (working visa/tourist/sponsorship/student) pls enlighten me.. tnx... Edited by cloe, 27 March 2006 - 11:29 AM.	jana_victoria123	Female	Philippines	2006-03-27 11:29:00
US Citizenship General Discussion	After 4 yrs, is it possible?	This was what I heard about yesterday. It sure raised my level of curiosity! Legal immigrants fluent in English could become US citizens in 4 years rather than the current 5 years. This proposal by Senator Lamar Alexander was agreed to by the US Senate April 3. The Senate passed the proposed bill 91 votes in favour to one vote against. According to the Homeland Security Department and Immigration Service an estimated 7.2 million legal permanent residence have lived long enough in the US to qualify for citizenship. Included in the bill was another proposal. If a permanent resident marries a US citizen the waiting period for citizenship has also been reduced from 5 years to 3 years. The senator now hopes that a shorter naturalisation period will motivate more green card holders becoming citizens of the US. Along with the current debate concerning illegal immigration in the senate, we needed to address the indispensable step of helping prospective citizens becoming Americans, said Alexander. The legislation that was passed by the senate will provide US$500 in vouchers to immigrants to pay for English courses. Grants will be issued to groups that provide classes in US history and civics. Homeland Department and Immigration Service officials feel legal immigrants need to be encouraged to seek citizenship, as many do not speak good English and can not afford the fee. The bill now needs to be passed by US Congress later this month for it to become official US legislature. SEE OTHER POST ALSO RE SHORTENED TIME FOR CITIZENSHIP IN THIS FORUM BY SRINIV WOW! thankyou for that information! It surely made me feel better. was it approved already? or not yet??? thankyou!	jana_victoria123	Female	Philippines	2006-04-07 09:46:00
US Citizenship General Discussion	After 4 yrs, is it possible?	It's possible if they were in the U.S. military or married to a USC ... otherwise it's 5 years. I see so it's aint true that there's a new bill.. im not so sure how they call it.. they say that they are waiting for it to be a law.. that LPR's could obtain citizenship after 4 yrs of getting their green cards.. Hehe... this long wait is driving me crazy.. anyways... hubby has left the country already and havent filed my petition yet We still lack NSO authenticated BC of him...........	jana_victoria123	Female	Philippines	2006-04-05 12:44:00
US Citizenship General Discussion	After 4 yrs, is it possible?	Is it true that an LPR can apply citizenship after 4 yrs of continous residency??? a friend just told me about this.. tnx	jana_victoria123	Female	Philippines	2006-04-05 12:36:00