GreenCard Maintanence and Entry into US

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vidya69

Registered Users (C)
Hi

I have a question on Gree Card maintanence.

My wife got her GC in Nov 9,2007.

(I think she is eligible to for citizenship in July 2012 if she stays for 5 years)

Between Nov 2007-Oct 2008 she stayed for 6 months.

Nov 2008-Oct 2009 she stayed for 3 months.

In July 2009 she with our kids she went back to India.

Based on the above stay can she go for citizenship in 2012.

But I file her Income Tax also. Myself and she file IT jointly every year. She is a housewife and does not work anywhere.

Can she enter into US in May or June 2010 with her kids?
Will she be eligible to apply for citizenship in 2012?

Pl let me know
Vidya
 
vidya69 said:
My wife got her GC in Nov 9,2007.

(I think she is eligible to for citizenship in July 2012 if she stays for 5 years)
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She can apply 90 days before 5 years, which would be in August 2012, not July.
vidya69 said:
Between Nov 2007-Oct 2008 she stayed for 6 months.

Nov 2008-Oct 2009 she stayed for 3 months.
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Stayed where? Inside the US? Or outside?

In July 2009 she with our kids she went back to India.
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When will she return to the US?

Are you aware that spending too much time outside the US can make a permanent resident ineligible for citizenship or even have their green card canceled? Do you know about the physical presence and continuous residence requirements for citizenship?
 
Hi

Sorry for the miscommunication. Let me try to explain as clearly as possible.

She got her GC in Nov 9, 2007. It means Aug 9, 2012. She is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. She stayed in US for 6 months and other 6 months she stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.

In 2010 she plans to come back to US in Feb 1st and will continue stay here for the remaining part of the year and

2011 and 2012 she will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My wife if she plans to visit US on Feb 1st will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?
 
vidya69 said:
For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.
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She's broken continuous residency, and probably needs to apply 4 years + 1 day after her re-entry to the US.

Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?
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Your wife is an adult, and therefore needs to apply for citizenship by her own, on her own merits.
 
This is where the battle has been lost.
Count 4 years and 1 day from 1st Feb 2010 for a hassle free N-400.

vidya69 said:
For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.

In 2010 she plans to come back to US in Feb 1st
Click to expand...
 
Hi,

your case is very smilar to mine, If you are out of the country for more than 6 months, that breakes the contnous Residence in thr country, If the stay outside (usa) is more than 12 months, if you do not have a rentry permit, you lose ur permanent residencey status on the anniversary of your departure. If you have secured a re-entry permit and have broken your continous residence, the clock resets, and you have to wait 4 years and 1 day ( as the last 364 days of your stay outside can be counted towards your presence in America- AS LONG AS YOU HAVE A RE-ENTRY PERMIT). If thats the case, what my question is if you are waiting 4 years and 1 day for completing the continuous residence can you apply 90 days in advance ?
 
sreeleshk said:
So do you agree with the other statements , about 4 years and 1 day after her last trip provided that after which she hasnt been out of America for more than 180 days at a streatch and not more than 30 months?
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Please don't add to my words. I answered to your question about 90 days and 4+1 rule. If you are going to use 4+1 rule apply exactly after that period. 90 days is not applicable in that case.
 
Citizenship for my son (8 years 6 months now) who also got his GC in Nov 9,2007

Hi

Thanks for the reply for my wife.

I give below the details of my son (8 years 6 months now)


He got his GC in Nov 9, 2007. It means Aug 9, 2012. he is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. He stayed in US for 3 months and other 9 months she stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, he stayed in US only for 87 days only in US and remaining days she stayed in India.

In 2010 he plans to come back to US in Apr 15th and will continue stay here for the remaining part of the year and

2011 and 2012 she will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.
 
2 corrections

Hi

Wherever 'she stayed' should be read as 'he stayed'. Sorry for the small error in my query.
thanks
 
Green Card maintanence

Hi

I corrected the few errors from my previous mail. This is the correct one. Please respond to this.


I give below the details of my son (8 years 6 months now)


He got his GC in Nov 9, 2007. It means Aug 9, 2012. he is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?


For the period Nov 9, 2007 and Nov 8 2008. He stayed in US for 3 months and other 9 months he stayed in India.

For the period Nov 9, 2008 and Nov 8 2009, he stayed in US only for 87 days only in US and remaining days he stayed in India.

In 2010 he plans to come back to US in Apr 15th and will continue stay here for the remaining part of the year and

2011 and 2012 he will stay here in US.

This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.


I have joint bank account with my wife and joint tax filing, she has credit card.

These are proof for my permanant stay in US.

Question:

Green Card Validity:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?


Citizenship:

Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.

If this is not possible and is there any work around?
 
vidya69 said:
My son if he plans to visit US on Apr 15th 2010 will there be a problem in entering into the country?
Click to expand...

If he plans to visit? Sure. Permanent Residents don't "visit" the US.

Since I have a strong base in US when I apply for citizenship for myself can I apply for my son also along with me.
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No - you cannot apply for him. I suspect your son will be naturalized automatically when you do since USCIS won't notice that he has likely abandoned residency.
 
Kids under 18 get naturalized with parents, and can apply for US passport on the basis of parent's naturalization certificate. What Jack said was that if CIS were to notice the absences, they might do something, but if they don't, then he gets naturalized.

Why won't they? Usually there has to be a trigger (not always) which initiates this scrutiny - this could be filing N400, crossing border and so on. If there is no such trigger, they don't question his GC, and he becomes citizen along with you.
 
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