curtlives Posted December 6, 2008 Report Share Posted December 6, 2008 Hi There, I have an inquiry which I didn't know how to word in a simple way. I would like to know after my wife coming to the states on an IR-1 Visa, how long until she could become a US citizen? I heard that it was only one 1 year. However, I cannot remember where I read this. When I look up general information from websites they say from 3-5 years. Any assistance on this issue would be a great help, Curt Link to comment
C4Racer Posted December 6, 2008 Report Share Posted December 6, 2008 (edited) Hi There, I have an inquiry which I didn't know how to word in a simple way. I would like to know after my wife coming to the states on an IR-1 Visa, how long until she could become a US citizen? I heard that it was only one 1 year. However, I cannot remember where I read this. When I look up general information from websites they say from 3-5 years. Any assistance on this issue would be a great help, Curt It is 3 years for any spouse of an American Citizen. 5 years for everyone else. This period is counted from the date on the green card. She will be allowed to apply for US citizenship 90 days before the 3 year anniversary on her green card. The one year period applies to anyone who is serving in the United States armed forces. They can file after one year of honorable service. They also have six months after honorable discharge to apply. If they miss this, then they must wait five years, unless married to a USC. This information is all covered in the N-400 instructions. Edited December 6, 2008 by C4Racer (see edit history) Link to comment
curtlives Posted December 7, 2008 Author Report Share Posted December 7, 2008 Thanks for your reply. Some more questions. can my wife travel outside of United States once she becomes a permanent resident? If so how long? ALso when the government says 3 years does that mean my wife has to live in the country for 3 years without leaving? curtlives Hi There, I have an inquiry which I didn't know how to word in a simple way. I would like to know after my wife coming to the states on an IR-1 Visa, how long until she could become a US citizen? I heard that it was only one 1 year. However, I cannot remember where I read this. When I look up general information from websites they say from 3-5 years. Any assistance on this issue would be a great help, Curt It is 3 years for any spouse of an American Citizen. 5 years for everyone else. This period is counted from the date on the green card. She will be allowed to apply for US citizenship 90 days before the 3 year anniversary on her green card. The one year period applies to anyone who is serving in the United States armed forces. They can file after one year of honorable service. They also have six months after honorable discharge to apply. If they miss this, then they must wait five years, unless married to a USC. This information is all covered in the N-400 instructions. Link to comment
MikeXiao Posted December 7, 2008 Report Share Posted December 7, 2008 Yes your wife can travel outside the country after getting her permanent residence card. How long? This comes from the USCIS website: 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. Fail to file income tax returns while living outside of the US for any period. My wife and kids were in China the whole summer this year (82 days). And since becoming CR-1 has made 4 or 5 trips back to China. Link to comment
dnoblett Posted December 7, 2008 Report Share Posted December 7, 2008 Yes your wife can travel outside the country after getting her permanent residence card. How long? This comes from the USCIS website: 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. Fail to file income tax returns while living outside of the US for any period. My wife and kids were in China the whole summer this year (82 days). And since becoming CR-1 has made 4 or 5 trips back to China.Correct, you need to be resident in the USA more than 18 months over 3 years, with periods out of the USA no more than 6 months to count toward the required residency for citizenship. I think they also count no more than 6 months in any 1 year period, so no out of the country for 5 months the return to USA for a month, then out of country another long period. Your residency requires the majority of time resident in the USA to count toward citizenship. Again you will find the details here: http://www.uscis.gov/files/article/M-476.pdf Link to comment
warpedbored Posted December 8, 2008 Report Share Posted December 8, 2008 Your wife can travel outside the US with a green card but she will need visas to travel to countries that don't have a recipricol agreement with China. As an American citizen you can travel to these countries without a visa. No Visa Required for Stay of Up to 14 Days SingaporeTaiwanNo Visa Required for Stay of Up to 21 DaysBermudaPhilippinesNo Visa Required for Stay of Up to 30 DaysAzoresBelizeBoliviaBosnia HerzegovinaBulgariaCzech RepublicEl SalvadorFrench Polynesia (Marqesas Islands)LesothoMalawiMaldivesMarshall IslandsMicronesiaNiuePalauPeruRomaniaRwandaSlovak RepublicTahitiVanuatu No Visa Required for Stay of Up to 60 Days Cayman IslandsSwazilandTrinidad and Tobago No Visa Required for Stay of Up to 90 Days Andorra (France)Antigua and BarbadosArgentinaArubaAustriaBahamasBarbadosBelgiumBotswanaBruneiCanadaChileColumbiaCosta RicaCroatiaCuracaoCyprusDenmarkDominicaDominican RepublicEquadorEstoniaFijiFinlandFranceFrench GuianaGalapagos IslandsGeorgiaGermanyGibraltarGreeceGrenadaGuatemalaGuyanaHaitiHondurasHong KongHungaryIcelandIrelandIsraelItalyIvory CoastJamaicaJapanLatviaLiechtensteinLithuaniaLuxembourgMalaysiaMaltaMauritiusMexicoMonacoMongoliaMoroccoNamibiaNetherlandsNetherlands AntillesNew ZealandNicaraguaNorwayPolandPortugalSenegalSerbia and MontenegroSouth AfricaSpainSri LankaSaint Kitts and NevisSwedenSwitzerlandUruguayYugoslavia No Visa Required for Stay of Up to 180 DaysBritain/England/United KingdomSt. Vincent and the GrenadinesTunisiaVirgin Islands (British) Link to comment
dnoblett Posted December 8, 2008 Report Share Posted December 8, 2008 Your wife can travel outside the US with a green card but she will need visas to travel to countries that don't have a recipricol agreement with China. As an American citizen you can travel to these countries without a visa......A long list of places the US passport allows entry without a visa. Green-card holders can visit Canada, Mexico, and most of the neighboring islands in the Caribbean without a visa, as well as Switzerland. Visa-less travel is one of the benefits of Citizenship. Link to comment
curtlives Posted December 16, 2008 Author Report Share Posted December 16, 2008 Yes, this is correct after going through all the message options at the USCIS and finally talking to someone. I found that my wife would have to be in the states 18 months of those 3 years. On another blog I was told of another option called form N-470. After my wife has been in the states for one year she can filled out this form and if approved she can work in another country without it affecting her visa application. Have you or do you know anyone who has done this? curtlives My wife and kids were in China the whole summer this year (82 days). And since becoming CR-1 has made 4 or 5 trips back to China.Correct, you need to be resident in the USA more than 18 months over 3 years, with periods out of the USA no more than 6 months to count toward the required residency for citizenship. I think they also count no more than 6 months in any 1 year period, so no out of the country for 5 months the return to USA for a month, then out of country another long period. Your residency requires the majority of time resident in the USA to count toward citizenship. Again you will find the details here: http://www.uscis.gov/files/article/M-476.pdf Link to comment
dnoblett Posted December 16, 2008 Report Share Posted December 16, 2008 Yes, this is correct after going through all the message options at the USCIS and finally talking to someone. I found that my wife would have to be in the states 18 months of those 3 years. On another blog I was told of another option called form N-470. After my wife has been in the states for one year she can filled out this form and if approved she can work in another country without it affecting her visa application. Have you or do you know anyone who has done this? curtlives My wife and kids were in China the whole summer this year (82 days). And since becoming CR-1 has made 4 or 5 trips back to China.Correct, you need to be resident in the USA more than 18 months over 3 years, with periods out of the USA no more than 6 months to count toward the required residency for citizenship. I think they also count no more than 6 months in any 1 year period, so no out of the country for 5 months the return to USA for a month, then out of country another long period. Your residency requires the majority of time resident in the USA to count toward citizenship. Again you will find the details here: http://www.uscis.gov/files/article/M-476.pdf N-470 is for reserving physical presence in the USA due to having to live out of country because US Citizen spouse or legal resident's job requiring living out of country, AND the job has to be one of the areas listed in N-470 Step 1. Reason for Filing Form N-470. My absence from the United States is: On behalf of the U. S. Government - Check Box A if you are, or will be employed by, or are under contract with the U.S. Government. This includes members of the U.S.Armed Services. For the purpose of carrying on scientific research on behalf of an American institution of research - Check Box B if you are employed by a qualifying organization. For the purpose of engaging in the development of foreign trade and commerce of the United States on behalf of an American firm or corporation or a subsidiary thereof - Check Box C if you are employed by a qualifying firm or corporation. Necessary to the protection of property rights outside the United States of an American firm or corporation engaged in the development of foreign trade and commerce of the United States - Check Box D if you are employed to perform such services. On behalf of a public international organization of which the United States is a member- Check Box E if you are employed by a qualifying organization.NOTE: Your employment cannot have started until after your admission as a permanent resident.Solely because of my capacity as a clergyman or clergy woman, missionary, nun, or sister of a denomination or mission having a bona fide organization in the United States - Check Box F if you are to serve in such capacity for a qualifying mission or organization. http://www.uscis.gov/files/form/N-470instr.pdf Note if you qualify to use N-470, you still need to file an I-131 for a re-entry permit. Link to comment
NewDay2006 Posted December 17, 2008 Report Share Posted December 17, 2008 Your wife can travel outside the US with a green card but she will need visas to travel to countries that don't have a recipricol agreement with China. As an American citizen you can travel to these countries without a visa. No Visa Required for Stay of Up to 14 Days SingaporeTaiwanNo Visa Required for Stay of Up to 21 DaysBermudaPhilippinesNo Visa Required for Stay of Up to 30 DaysAzoresBelizeBoliviaBosnia HerzegovinaBulgariaCzech RepublicEl SalvadorFrench Polynesia (Marqesas Islands)LesothoMalawiMaldivesMarshall IslandsMicronesiaNiuePalauPeruRomaniaRwandaSlovak RepublicTahitiVanuatu No Visa Required for Stay of Up to 60 Days Cayman IslandsSwazilandTrinidad and Tobago No Visa Required for Stay of Up to 90 Days Andorra (France)Antigua and BarbadosArgentinaArubaAustriaBahamasBarbadosBelgiumBotswanaBruneiCanadaChileColumbiaCosta RicaCroatiaCuracaoCyprusDenmarkDominicaDominican RepublicEquadorEstoniaFijiFinlandFranceFrench GuianaGalapagos IslandsGeorgiaGermanyGibraltarGreeceGrenadaGuatemalaGuyanaHaitiHondurasHong KongHungaryIcelandIrelandIsraelItalyIvory CoastJamaicaJapanLatviaLiechtensteinLithuaniaLuxembourgMalaysiaMaltaMauritiusMexicoMonacoMongoliaMoroccoNamibiaNetherlandsNetherlands AntillesNew ZealandNicaraguaNorwayPolandPortugalSenegalSerbia and MontenegroSouth AfricaSpainSri LankaSaint Kitts and NevisSwedenSwitzerlandUruguayYugoslavia No Visa Required for Stay of Up to 180 DaysBritain/England/United KingdomSt. Vincent and the GrenadinesTunisiaVirgin Islands (British)Now I know Link to comment
johnxiaoying Posted December 18, 2008 Report Share Posted December 18, 2008 With all those cool countries that are visa free makes me wonder why in the heck I spend nearly $200 for a China visa. I forgot, family there! Link to comment
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