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tkumar03
10-18-2009, 09:09 PM
Hi

Sorry for the miscommunication. Let me try to explain as clearly as possible.

She got her GC in Nov 9, 2007. It means Aug 9, 2012. She is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. She stayed in US for 6 months and other 6 months she stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.

In 2010 she plans to come back to US in Feb 1st and will continue stay here for the remaining part of the year and

2011 and 2012 she will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My wife if she plans to visit US on Feb 1st will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?

number30
10-18-2009, 10:45 PM
Hi

Sorry for the miscommunication. Let me try to explain as clearly as possible.

She got her GC in Nov 9, 2007. It means Aug 9, 2012. She is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. She stayed in US for 6 months and other 6 months she stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.

In 2010 she plans to come back to US in Feb 1st and will continue stay here for the remaining part of the year and

2011 and 2012 she will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My wife if she plans to visit US on Feb 1st will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?

Why does she is staying in India for so long? Is it business or personal? Some time they excuse if that is a business reason. But since they are too many breaks and did not stay for one year after getting green card she has wait for 4 years and one to apply for naturalization from the date she enters US (From Feb-2010).
If the gap is more than one year they may stop her at POE. But they may allow her to enter after filing re-entry permit at POE itself. This happened with Japanese lady who works with me.

tkumar03
10-19-2009, 12:25 AM
Hi
Thanks for your reply. You mentioned 4 years from 2010.

But first year ie., Nov 07-Oct08 she stayed for more than 6 months.

If I give justification for 2nd year then stays in US for 3 years continuously then is it not possible for her to apply for Citizenship.

raydon
10-19-2009, 01:36 AM
tkumar03,
I replied to your post in a different thread - http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/680730-485-approved-in-sept-still-waiting-for-gc-anyone-2.html#post1113202

Please check that thread. Hope the information is useful to you.

number30
10-19-2009, 03:19 AM
Hi
Thanks for your reply. You mentioned 4 years from 2010.

But first year ie., Nov 07-Oct08 she stayed for more than 6 months.

If I give justification for 2nd year then stays in US for 3 years continuously then is it not possible for her to apply for Citizenship.

It is difficult. I have seen excusing only one six months block of absence.

InTheMoment
10-19-2009, 12:46 PM
tkumar03,

Your justification will only be good for re-entry but not for eligibility for Naturalization. There is no way she can fulfill the continuous residence test and be eligible to apply in Aug 2012.

You better read up on this: http://www.uscis.gov/files/article/chapter4.pdf

kevinkris
10-19-2009, 06:07 PM
This means can i stay out of country for 6 months every year and after 5 years i am eligible
for US Citizenship?

Thanks

tkumar03,

Your justification will only be good for re-entry but not for eligibility for Naturalization. There is no way she can fulfill the continuous residence test and be eligible to apply in Aug 2012.

You better read up on this: http://www.uscis.gov/files/article/chapter4.pdf

tkumar03
10-25-2009, 08:27 PM
Hi



I give below the details of my son (8 years 6 months now)


He got his GC in Nov 9, 2007. It means Aug 9, 2012. he is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. He stayed in US for 3 months and other 9 months he stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, he stayed in US only for 87 days only in US and remaining days he stayed in India.

In 2010 he plans to come back to US in Apr 15th and will continue stay here for the remaining part of the year and

2011 and 2012 he will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.

number30
10-26-2009, 12:20 AM
Hi



I give below the details of my son (8 years 6 months now)


He got his GC in Nov 9, 2007. It means Aug 9, 2012. he is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. He stayed in US for 3 months and other 9 months he stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, he stayed in US only for 87 days only in US and remaining days he stayed in India.

In 2010 he plans to come back to US in Apr 15th and will continue stay here for the remaining part of the year and

2011 and 2012 he will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.

Read this :
Child Citizenship Act of 2000 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Child_Citizenship_Act_of_2000)

Take this kind of test for Spouse.
https://www.uscitizenship.info/en_US/citizenship/home.html


You can go to your Local office. They will help to resolve this kind of issues. There are lot of free services for the would be citizens.

tkumar03
10-26-2009, 01:43 AM
Hi
Are U saying my son will be eligible for citizenship. I read the doc but I am sure.
Kumar

desi3933
10-26-2009, 08:36 AM
Hi
I give below the details of my son (8 years 6 months now)

He got his GC in Nov 9, 2007. It means Aug 9, 2012. he is eligible to apply for citizenship if every other conditions is satisfied. Is that correct?

For the period Nov 9, 2007 and Nov 8 2008. He stayed in US for 3 months and other 9 months he stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, he stayed in US only for 87 days only in US and remaining days he stayed in India.

In 2010 he plans to come back to US in Apr 15th and will continue stay here for the remaining part of the year and

2011 and 2012 he will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.

I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanent stay in US.

Question:

Green Card Validity:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?

Citizenship:
Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.

Please read this guide from USCIS
A Guide to Naturalization (http://www.uscis.gov/files/article/M-476.pdf)
This should answer most of your questions.

In most cases, the child (<18 years) at the time of Parent taking citizenship oath, automatically becomes US citizen and Parent can apply directly for child's passport.

I applied US passport for my child when I became US citizen.

A person can not file N-400 (for citizenship) until he/she is 18 years old and meets all other criteria for citizenship. So your child can not file N-400 on his own basis until he is 18 years old at the time of filing N-400 application.

_______________________
Not a legal advice
US citizen of Indian origin

tkumar03
10-26-2009, 12:18 PM
Thanks for your reply.
So it means stay of 5 years in US for citizenship after getting the GC is not applicable to children.