Immigration Issues/I am eligible for naturalization ?
First of all congratulations for the great comments about your expertise. My question is i first became Permanent Resident the 08/02/2003 and i stay in the U.S.A. until 09/26/2003 then i move back to my country in Greece as well my wife who is U.S. citizen and we are married since 5/01/1999.The duration of staying to Greece was until 05/02/2004 which i came back to U.S.A. for a period of time until the 05/27/2004 almost a month , then i went back to Greece until the next time which was 03/25/2005 and i stay until the 04/10/2005 then move back to Greece and finally i am here since 08/04/2005 until present day ,I know that automatically break my continues residence but the reasons there was family health and as you can see i try to be in the U.S. on these short trips in order to do not loose my Permanent card and the right to be permanent residence .
Next year 2007 around April i will be over 18 months time for my physical presence and all other requirements being married to U.S. Citizen , the only thing i was concern if the previous trips (2)which was ( longer than 6 months but less than a year)will make me Eligible to apply for Naturalization ( gain U.S. Citizenship).I read through many personal questions and stories as well from official government site that if i can prove or submit the past three years copies of our join income tax returns then i still be eligible to apply .Please i need your personal opinion on the above subject and what will you advise me to do . Again i am permanent resident since 08/02/2002 , married to U.S. CITIZEN SINCE 05/01/1999 and by April 2007 i will meet the physical presence time for the last three years. Any answer to my question will be very well appreciated , or if you have any questions please do not hesitate to e-mail me.I apologize if my situation is a little complicated.
From the information you provided, it does not appear you are qualified to file for Naturalization. You obtained permanent residency in 2003, however the first two years are conditional. In essence you must apply within 90 days of the two year anniversary of your approval to have the conditional status removed. It doesn't matter if you are married to a US Citizen or not, you still must apply.
Secondly, I calculate you have lived in the US approximately 17 months in past three years. You do not meet the residency requirements of 5 years, not 3. I would suggest you maintain physical presence for the next 2 years in the US if you wish to go forward with naturalization.
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months