Is my wife eligible?

N

NovaCitizen

Registered Users (C)
Anyone,
Can you please tell me if I can apply for citizenship for my wife in Nov 2011?
she got her GC in March-2005 (spent lot of time outside usa)

Her trips outside USA after getting GC are below:

1 ) 06-jun-2005 TO 30-APR -2006 ( < 12 months )
2 ) 29-May-2006 to 04-May-2007 ( < 12 months )
3 ) 07-jun-07 to 26-May-2008 ( < 12 months )
4 ) 21-Nov-2008 to 10-Mar -2009
5 ) 18-Aug-2009 to nov-10-2009
6) 1-jan-2010 to 5-apr-2010
7) 31-aug-2010 to 27-Nov-2010

No. of days spent outside the USA for last 5 years ( by Nov. 1st 2011 ) = around 850 days
No. of days in USA for last 5 yrs ( by Nov.1st 2011 -- assuming no more trips this year) = around 910 days

For trips more than 6 months(and < 12 months) during 2006, 2007, she got her utility bills, tax returns and i was living here with mortgage on my house (she was studying in india)

is she eligible by Nov. 2011 ?

Thanks!
 
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If she applies in November this year with the 5 year rule, she will have 2 trips of over 6 months in the past 5 years. When it comes to trips of over 6 months, the decision is a subjective one at the discretion of the interviewer (and his/her supervisor) who will evaluate the evidence. So we can't predict what they will decide. She'll just have to apply and see what happens.

If you are a US citizen who has held citizenship for at least 3 years, she can apply with the 3-year rule, and the trips of over 6 months will be too old to affect her.
 
Thanks for your info ...... i got my Citizenship in Nov.2009....she has to wait longer ..i.e. Nov 2012
I am planning to apply for her by this Nov 2011.....if any problem, then i have to wait for 3 yr rule ...
 
You cannot apply for your wife. She can, however, apply for herself.

It looks like she needs to wait until you have been a citizen for 3 years, or five years after May 2008, whichever comes first.
 
TheRealCanadian said:
You cannot apply for your wife. She can, however, apply for herself.

It looks like she needs to wait until you have been a citizen for 3 years, or five years after May 2008, whichever comes first.
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She will apply for herself in Nov. 2011. I will help her filling the forms and taking printouts....

Can you please tell me why she has to wait 5 years after May 2008 ? she can prove ties to US with utility bill,tax returns for 2006 and 2007. Thanks!
 
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Read post # 2. But, let me rephrase. It's purely discretionary on the part of the I/O and his/her supervisor. Filing is expensive so you may want to wait for a more certain time range unless you feel lucky.
 
NovaCitizen said:
She will apply for herself in Nov. 2011. I will help her filling the forms and taking printouts....

Can you please tell me why she has to wait 5 years after May 2008 ? she can prove ties to US with utility bill,tax returns for 2006 and 2007. Thanks!
Click to expand...
If she has substantial evidence to prove US residency ties for the time she was in India, then by all means have her apply Nov 2011. Besides utility bills ,and tax returns in her name but other evidence does she have?
 
Bobsmyth, have you spent a lot of time at government offices recently ... is that why you're submitting information in triplicate? :D
 
Bobsmith,

Her husband ( me ) was living here with Mortgage from 2004 and she wants to finish her studies in India. She had her utility , tax , bank accounts here .
Now we have 2 kids born here . so, let us try our luck in Nov. 2011..........
 
NovaCitizen said:
Bobsmith,

Her husband ( me ) was living here with Mortgage from 2004 and she wants to finish her studies in India. She had her utility , tax , bank accounts here .
Now we have 2 kids born here . so, let us try our luck in Nov. 2011..........
Click to expand...
And you remained in the US while she was in India, correct?
 
NovaCitizen said:
Can you please tell me why she has to wait 5 years after May 2008 ? she can prove ties to US with utility bill,tax returns for 2006 and 2007. Thanks!
Click to expand...

A three year period in which she spent ~50 days in the US? It's pretty likely that the adjudicator would consider that a break in continuous residence, despite your presence in the US.
 
If she applies now she'll definitely be denied due to insufficient physical presence, but if she applies in November it could go either way. Ultimately it's up to the discretion of the interviewer (and the supervisor), not us. If you can afford to lose the money she can go ahead and apply in November and see what happens.
 
TheRealCanadian said:
A three year period in which she spent ~50 days in the US? It's pretty likely that the adjudicator would consider that a break in continuous residence, despite your presence in the US.
Click to expand...

Applying this November would start the 5-year lookback window at November 2006, putting the first trip entirely outside the window. For the first 3 years of that window, she has much more than 50 days in the US.
 
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