When does the 5 year rule start?

[alinew]

Hi,
My husband has been offered a job outside of the USA and I need to follow him. I really want to get my citizenship and was seeking advice to understand my best plan of action.

Here are some key info:
I got sponsored by my work and here are the key dates:
Priority date: 11/4/2015
I-485 notice date: june 7 2016
Green card approved : march 9th 2017

When can I start filing for my citizenship. My understanding was that the priority date kicks off the 5 years, but unsure from my resent online Research.
My husband will be transfered to France and I would like to follow him (without being employed outside of the US). I can definitely come back in the US within a year even for a quick trip to not lose the status.
I am seeking help to:
- when does the 5 year rule start?
- if I am away from the US for a long period of time (and visit at least one a year), can I still get my citizenship?
- any other call out, advice?

Thank you everyone

[Mac3]

Hi,
My husband has been offered a job outside of the USA and I need to follow him. I really want to get my citizenship and was seeking advice to understand my best plan of action.

Here are some key info:
I got sponsored by my work and here are the key dates:
Priority date: 11/4/2015
I-485 notice date: june 7 2016
Green card approved : march 9th 2017

When can I start filing for my citizenship. My understanding was that the priority date kicks off the 5 years, but unsure from my resent online Research.
My husband will be transfered to France and I would like to follow him (without being employed outside of the US). I can definitely come back in the US within a year even for a quick trip to not lose the status.
I am seeking help to:
- when does the 5 year rule start?
- if I am away from the US for a long period of time (and visit at least one a year), can I still get my citizenship?
- any other call out, advice?

Thank you everyone

Have your looked into this as your solution?
Volume 12 ? Citizenship & Naturalization, Part G ? Spouses of U.S. Citizens
Chapter 4 ? Spouses of U.S. Citizens Employed Abroad

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter4.html

[001kja]

Right now, your 5-year clock started on 3/9/2017.

However, if you stay abroad for more than 6 months at a time (and you say you will), your clock starts from zero when you return.

You might then think it'll work if you stay abroad for 4-5 months, come back to the US for a brief period of time, leave, come back, and so on, but I can guarantee that this will NOT work.
While doing so may fulfill your physical presence requirement and does not automatically disrupt your continuous residence, USCIS officers have the right to review "whether multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements." They will most certainly see right through what you are doing and will deny your N-400. They deny cases like this every day.

(Since you are not being relocated due to having been assigned abroad by your American employer, you won't be able to file for N-470 to have your time abroad count toward the 5-year requirement, either.)

Just apply for a re-entry permit before leaving, try your best to maintain your permanent resident status (come back often and stay long, keep your house in the US, continue to file taxes in the US, keep your immediate family in the US, etc), and when you come back permanently, wait another 5 years.

[001kja]

Have your looked into this as your solution?
Volume 12 ? Citizenship & Naturalization, Part G ? Spouses of U.S. Citizens
Chapter 4 ? Spouses of U.S. Citizens Employed Abroad
https://www.uscis.gov/policymanual/H...-Chapter4.html

OP should definitely look into this.

However, given that she received her green card through employment, not based on marriage to a USC, it suggests that her husband may not be a USC. Also, she says her husband is offered a job in France, which suggests the company may be a French company, not an American one.

[alinew]

Right now, your 5-year clock started on 3/9/2017.

However, if you stay abroad for more than 6 months at a time (and you say you will), your clock starts from zero when you return.

You might then think it'll work if you stay abroad for 4-5 months, come back to the US for a brief period of time, leave, come back, and so on, but I can guarantee that this will NOT work.
While doing so may fulfill your physical presence requirement and does not automatically disrupt your continuous residence, USCIS officers have the right to review "whether multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements." They will most certainly see right through what you are doing and will deny your N-400. They deny cases like this every day.

(Since you are not being relocated due to having been assigned abroad by your American employer, you won't be able to file for N-470 to have your time abroad count toward the 5-year requirement, either.)

Just apply for a re-entry permit before leaving, try your best to maintain your permanent resident status (come back often and stay long, keep your house in the US, continue to file taxes in the US, keep your immediate family in the US, etc), and when you come back permanently, wait another 5 years.

Thank you!!!
This is very helpful.