Natralization Question

[claxtor999]

Hi
Just wondering if someone can help.

I am a dual UK/US Citizen and have been for 5+ years. I have lived in the US (NYC) for 10+ years with my British wife - both relocated there for our work. She also holds a green card and has done for over 5 years now.

We have moved back to the UK now for my work and the time here is not specified, but could be 2 years, could be 5. We sold our property in Manhattan and moved to the UK.

Can she now still become a citizen of the USA even though we don't currently live there and have no actual date to return.

thanks for any input,
E

[inadmissible]

Sure, if she is employed or contracted by the US government https://www.uscis.gov/policymanual/H...-Chapter5.html

[claxtor999]

Natralization but live abroad

Hmmm that is not the case with us.
We moved to the UK with our work, but that has nothing to do with either government etc. - just normal mundane jobs.

So we have to be in the USA with an address for her to become a citizen?

thanks

[abumiqdad]

Hmmm that is not the case with us.
We moved to the UK with our work, but that has nothing to do with either government etc. - just normal mundane jobs.

So we have to be in the USA with an address for her to become a citizen?

thanks

She risks of losing her Green Card if she is away for more than 1 year (without a re-entry permit) , and when that happens (losing her GC), you have to start the process again - applying her a new green card process (IR-1 visa via I-130 petition).

And yes, she has to be in the USA. Unless you can be away from each other for a while where she applies for naturalization right now (assuming she still meets the continuous residency requirement). Once she has taken her oath, then she can join you back in the UK.

[claxtor999]

She risks of losing her Green Card if she is away for more than 1 year (without a re-entry permit) , and when that happens (losing her GC), you have to start the process again - applying her a new green card process (IR-1 visa via I-130 petition).

And yes, she has to be in the USA. Unless you can be away from each other for a while where she applies for naturalization right now (assuming she still meets the continuous residency requirement). Once she has taken her oath, then she can join you back in the UK.

Many thanks and makes sense to what we had been told.
She has 2 years of her Green Card remaining and we do return to see family and friends and work throughout the year, but not a set time or length.

I understand her needing to be there to take the Oath etc and that would not be a problem, my main concern is although we both lived there for 10+ years we have no fixed residence there at the moment - so was wondering if that was necessary.

I know of a friend that now lives in Dubai in same scenario, were both there for work but could at least still apply even though they had no address in the US

thanks

[abumiqdad]

Many thanks and makes sense to what we had been told.
She has 2 years of her Green Card remaining and we do return to see family and friends and work throughout the year, but not a set time or length.

I understand her needing to be there to take the Oath etc and that would not be a problem, my main concern is although we both lived there for 10+ years we have no fixed residence there at the moment - so was wondering if that was necessary.

I know of a friend that now lives in Dubai in same scenario, were both there for work but could at least still apply even though they had no address in the US

thanks

it is as what @inadmissible said, if she is contracted by the US Gov to work in any other countries, that would fulfill her residency requirement.

Also if she works with an entity that fits the criteria below.

Exception to Disruption - Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S. employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S. company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S. company is engaged in the development of foreign trade and commerce, See INA § 316(b) – (c). In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either:
Your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or,
Your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or,
Your employer does not trade exclusively on the U.S. stock market, but 51% of ownership is U.S.
Moving abroad to work for a private non-U.S. employer will require the resident to follow all of the abandonment and preserving naturalization rules outlined above.

[inadmissible]

There are three similar but entirely separate issues that she faces. First, is avoiding abandoning her permanent residence. Second, is maintaining continuous residence to qualify for naturalization. Third, is maintaining physical residence to qualify for naturalization.

A USLPR abandons their residency when they move to another country, intending to live there permanently. As a practical matter, an aliens intent will be inferred by the length & reason for the trip abroad, possession of a re-entry permit, filing US taxes, etc. In order to revoke her permanent residency, the burden of proof is on the United States to prove that she intended to live elsewhere permanently.

Continuous residency is a requirement for naturalization. Because she is married to a US citizen, she will have to establish that she spent the last 3 years continuously resident in the United States, in actual fact or constructively because of her employment. Because she intends to return to the United States at least every 6 months, this determination will be made by the USCIS officer adjudicating her naturalization application, who could determine your wife failed to establish that her principal actual dwelling place is in the United States. Note that if she only had one single absence from the United States of less than 6 months, the adjudicating officer would not have such latitude to make that determination, and will presume no break in her residency occurred. Back to the exceptions ("constructive continuous residency"): if she is an employee abroad in a religious vocation, security-related manager/executive, translator/interpreter, media organization, an American firm, American research institute, or US government/contractor. For the last three, she would have to affirmatively apply to preserve continuous residency using USCIS Form N-470

Physical residency is a requirement for naturalization. She will have to established that she spent at least half of the last 3 years physically present in the United States, in actual fact or constructively. All the vocations that provide for constructive continuous residency also provide for constructive physical residency, except for employment by an American firm or an American research institute.

As you can see, there a few situations where a USLPR can apply for naturalization while living abroad. Absent that, there is the possibility of maintaining permanent residency (despite not meeting continuous & physical residency requirements for naturalization) such that she may return to the United States in the future, and then begin accruing the continuous+physical residency in order to eventually apply for naturalization. Absent that, she can obtain permanent residency again in the future (based on her marriage to a US citizen) should her current residency be revoked

Your situation highlights the conventional wisdom that permanent residents should try to remain in the United States long enough to obtain naturalization prior to living abroad, so as to forever preserve their right to return to the United States. A naturalized US citizen could have no place of dwelling in the United States, be delinquent on their tax filing obligations, commit serious crimes, be widowed or divorced, and spend decades abroad with no ties to the Unites States; yet return to the United States at their whim. Naturalized citizens are freed of all the responsibilities of being a permanent resident - responsibilities that can be difficult to maintain while abroad