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Study abroad for 10 months, "Decision cannot be made" after interview

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  • Study abroad for 10 months, "Decision cannot be made" after interview

    Hello,

    I had my interview today (Dallas Field Office) and knew this might pose an issue but did not expect it to hinder my progress. I am applying for naturalization on the basis of having 2 US citizens as my adoptive parents, and after 5.5 years of having my green card (04-21-2012). I moved to Spain from September 2012 to July 2013 (about 10 months) to pursue a Master's degree. Since I had been in the US for just a few months before leaving, I did not have any bills, credit cards, loans, bank statements, etc. that prove I maintained residency here. I also did not file taxes in 2012 because I was out of the country and had no idea I had to file if I made no money or if I was living abroad (I realize this was a mistake). I basically borrowed money from my family to live in Spain, and used that money to support myself in Spain. The problem is, I closed the account in 2014 and the bank has no records or statements of it whatsoever. However, I maintained full access to my adoptive parents' home during that time and they were living in the US during that time as well (they've been here for over 25 years).

    I even waited until more than 4 years had passed after I came back to the US since I read about the 4 years and one day rule (although I realize it is only mentioned in cases where someone was gone for over a year). An attorney last year even advised me to wait until 4 years had passed so that I would have no problems whatsoever. I showed the officer my diploma and school transcripts from Spain, all legally translated. Besides this trip, I have taken 7 or 8 more trips in the five previous years for vacation, all trips between 15 days and 2 months, since I have the summer off and can use it to travel around. Additionally, I have 1 speeding ticket that was taken care of and mentioned during the interview.

    After passing the civics and English test, the officer told me my long absence was an issue because that's how it is when you leave for more than 6 months. She said she would review my case further and mail a decision. When asked if I would need additional documents she said she thinks she has everything she needs but will mail me a letter if there is anything I need to provide. I really don't know what to think at this point. I haven't been gone for over 2 months in the last 4 years, have had a stable job and paid taxes for the last 4 years, and have stayed out of trouble besides a speeding ticket. Could it be possible that she just wants to double check the dates or something? Or does it sound like my application will be denied on the basis of "abandoning" my residency, even if I waited more than 4 years and one day after that long absence?

    Thank you!

  • #2
    Unfortunately, you did not realize that this is a fairly strict rule.
    One of my students did something similar, and she took her Two children with her! This looked like she had abandoned her residency in the U.S.
    If you do something as risky as this, then you have to have some bills in your name that you had to have paid during the time in question.
    House payment, rent, utility bills, etc. If you don't, you are out of luck, depending on the officer.

    You may have to wait a bit longer and reapply when that visit is out of the "5 years" evaluation of trips.

    At any rate, they basically want someone who is going to be in the U.S. more than they are out of the U.S.

    Check with your attorney.

    Good luck.

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