Naturalization / Continuous Residence

[travelfan]

Hey folks,

I'd like to thank in advance all and any answers I might get.

I obtained a GC thru marriage to a U.S. citizen. We were married for 4 years and divorced last year. I've taken a few trips outside the US, but one in particular is what prompts this post. At this point in time, I've been a GCH for over 5 years.

I went to Argentina and stayed there for 354 days (June 14 2012 to June 6 2013). I got married and we're expecting a baby girl by November. My original intent was to come and get 1) A reentry permit and 2) Petition for her as the wife of a Permanent Resident, under the assumption that I didn't qualify for naturalization given the lenght of my trip.

After speaking with USCIS twice over the phone, they assured me that I qualify. I'm having a hard time proving Continuous Residence since I don't have a mortgage or rent. I did keep my bank account current, filed my taxes for 2012 (I worked 3 months before going to Argentina) and I'm back working at the company I was at before I left. I DID make a mistake using TurboTax and filed as a partial resident, given I had spent a couple of months out of the country.

I asked an immigration lawyer who told me I have a 50/50 chance and it would all depend on my interview, given there is no clear line whether I completely qualify or completely disqualify.

Would any of you know with certainty what are my odds of becoming naturalized? I'd like to know if I should take the shot at getting naturalized or just going thru with my original plan.

Thanks to all for reading and answering. God bless all.

[cafeconleche]

Nobody can say for sure, but your absence of almost one year could easily be used to claim you broke continuous residence. You will have to take proof of whatever ties to the US, and if asked, show them to the interviewer. You might also have to explain your tax return. If you're lucky, they'll accept your explanation as it was just one long trip, and you're back working at your old job. Your chances would be even better if you wait some time, preferably a year, before you apply, but since you want to bring your family over, I realise time is of the essence. I would suggest you go ahead and apply for citizenship.

[travelfan]

Hi Cafeconleche,

Thanks for taking the time to post a reply. That's what the lawyer said, it's a gray line where I'm standing. I figured I'd give it a shot since you're right, I'd like to bring my family here and being a Citizen is the quickest way. I'm confident that I can ace the interview, but you never know, might get someone in a bad mood that day! I just really have to figure a good interview strategy and an explanation that makes sense.

If I don't get it, then I guess I can just do the Reentry permit and the I-130, and wait for my wife's visa to come thru which I saw on the Visa bulletin is taking about 1 1/2 year to get processed.

Any other advice or personal experience on the matter is greatle appreciated.

Sincere thanks!