Citizenship for wife who is overseas with me,I am ctzin

5

52love

Registered Users (C)
I am a US citizen (and so are my kids) who has a job overseas with a US company since a year. My wife is eligible for her citizenship in May '08 (3yrs by marriage). She got her GC in 7/2005 and has completed her 18 months stay of the 36 months. She got a permanent GC as we were married more than 3 years already.

Since I got the job, she has moved with me and here are the list of trips
3/18/06 - 5/17/06 - 60days (had job in US then)
2/09/07 - 7/25/07 - 166 days (we moved overseas and she came to the US for 2 months to statisfy the 6 month rule)
9/24/07 - 3/14/08 - 172 days (she will be making a trip now)

1. My qs is, will it pose a problem for her apply for citizenship as she has been out for so many days in her last 2 trips? We have a house we own back home and all my paychecks get deposited in the US banks. I have not filed the N470 since I knew she would be making trips every six months.

2. Does she have to be in the US when she files the N400?

3. What do I put in for "date you returned to US" in part 7C of the N400, as she may be overseas when she applies for natz.

4. For part 6A do I put in the overseas address and the US address?

Thanks for the help
 
52love said:
I have not filed the N470 since I knew she would be making trips every six months.
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The "coming back once every six months" thing doesn't really work when it comes to naturalization. For naturalization they are more strict, and they look at the entire pattern of trips; multiple trips close together are thought of as one big long trip. By spending 338 days outside the US in a 13-month period without filing the N-470, she may already be considered to have broken continuous residence.
 
You are on thin ice with USCIS on the continuous residency rule. USCIS may look at the two long trips as one long trip broken by a 2-month sojourn in the US.

Your wife HAS to be in the US when applying for citizenship. She cannot do it while residing abroad.

I am assuming you have been filing US taxes all along (since you are a US citizen and are required to file here for worldwide income).

Check with an attorney on the 'continuous residence' issue and then decide to apply.
 
Thanks Jack and Ravi for the responses.

Does it mean she could be denied entry to the US when she makes a trip next month due to "assumed break in continous residency"?
 
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No, I don't think she will be denied to come back after an absence of less than six months. If the absence is greater than six months she can be denied. The continuous residence comments refer to the naturalization requirement of having spent enough time in the U.S. at the time of application. Anyway, it is quite difficult, but perhaps not impossible to obtain citizenship when one has moved residence out of the U.S. Only way to know for sure is to spend the money and apply for N-400 and see what happens, but chances are that if she gets questioned about the trips the whole application is going to crumble down.

My 2 cents.
 
I'd almost certainly bet that your wife has broken her continuous residence for natz purposes. Its a shame you didn't get that N-470 as it would have covered her as a beneficiary.

One alternate possibility might be expedited citizenship under the "overseas assignment >1yr rule" 8.CFR.319.2
 
52love said:
Does it mean she could be denied entry to the US when she makes a trip next month due to "assumed break in continous residency"?
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Not likely. Residence criteria for maintaining the green card are less strict than continuous residence for naturalization purposes.

If deemed to have broken continuous residence for naturalization purposes, she would have to rebuild 2 years + 1 day of continuous residence, starting when she returns to the US at the end of the last long trip (or perhaps starting with the date she filed the N-470, because the time spent with an approved N-470 counts towards continuous residence).

(Note: For people not married to a US citizen who would normally eligible for naturalization with the 5 year rule, if they break continuous residence they would have to rebuild 4 years and 1 day of it.)
 
-Can my wife yet file for N-470, even though she has been to the US for a total of 2.5 months since feb 07 (see post #1 for dates)?

-Also it states on the N-470 that u have to be in the US for an uninterrupted period of 1 yr, which my wife has not. She had been out for 2 months from 7/2005 - 2/2007?

-If she applies for a re entry permit while in the US, can she come back to the US when her FP appt. comes thru or does she have to be in the US till the FP is done?

Thanks.
 
52love said:
-Can my wife yet file for N-470, even though she has been to the US for a total of 2.5 months since feb 07 (see post #1 for dates)?

-Also it states on the N-470 that u have to be in the US for an uninterrupted period of 1 yr, which my wife has not. She had been out for 2 months from 7/2005 - 2/2007?

-If she applies for a re entry permit while in the US, can she come back to the US when her FP appt. comes thru or does she have to be in the US till the FP is done?

Thanks.
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If you are planning to be overseas for at least one more year, you really should investigate 319(b) as it will cut out all the continuous residence issues. The only requirements are that you have proof that your assignment will last longer than 1 yr, and that your wife will go to the US to physically attend the interview and oath.
 
She can't be denied entry. Any visit overseas when less than 6 months is treated as if one never left. However for trips over 6 months the alien seeks "admittance" and all the conditions of admittance apply. Even when some one's green card is to be take away, they are admitted in as a tourist and have right to challenge the decesion of the border agent.

Do provide an update on the outcome of your case for the benefit of others.
 
hi friends,

i have a serious situation here, hope you guys can help!

i m a GC holder since june 2003, and got married last feb and was in india for whole year except i came back in june 2007 and stayed here for one and half month to maintain my continous residency( had 2trips of less thn 6 months).I am planning to file N400 in few days, and my question is:

-will it pose any problem abt continous residency? evn though i meet the requirement of 30 months stay in 5 yrs!

-secondly, i got my marriage registered in india but i want to apply as single? (may b this will quicken the process!) becoz my hubby is Aus GC and doesnt wana move here.Is there any way that thy can find out my marriage status during backround chk?:confused:

any answers will b appreciated. thnks in advance!
 
sweetgurl12 said:
hi friends,

i have a serious situation here, hope you guys can help!

i m a GC holder since june 2003, and got married last feb and was in india for whole year except i came back in june 2007 and stayed here for one and half month to maintain my continous residency( had 2trips of less thn 6 months).I am planning to file N400 in few days, and my question is:

-will it pose any problem abt continous residency? evn though i meet the requirement of 30 months stay in 5 yrs!
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Maybe. All depends on the IO and how probing the questions asked.
Fundamentally, a "visit" to the US is not sufficient grounds for maintenance of continuous residence. If you have no ties to the US, or evidence suggesting you plan to reside here, your case may well be denied.

sweetgurl12 said:
-secondly, i got my marriage registered in india but i want to apply as single? (may b this will quicken the process!) becoz my hubby is Aus GC and doesnt wana move here.Is there any way that thy can find out my marriage status during backround chk?:confused:
Click to expand...

You're kidding right? Lying to USCIS is just about the worst thing you can do, and if found out, may result in deportation and a permanent reentry bar.
 
Hello 52Love,
I am married to a US citizen currently working for NATO in Europe and can tell you the following things from experience:
1. I filed N-470 before leaving the US only to find out that only a GC holder who is taking up employment abroad is eligible (if employment falls into the right category) but not the GC spouse - my US citizen husband is the one with the job and I am not so N-470 didn't apply.
2. Your wife might qualify for 319(b) depending on the company you work for. As stated earlier, all residence requirements are waived and the only requirement is that you have 1 year left on your overseas assignment at the time of the oath. My husband's work at NATO qualifies and I could file the N-400 from abroad and am scheduled to have my interview. If you don't claim 319(b), you can't file for naturalization from abroad.
 
Hi guys,

Just wanted to say My wife was outside US for almost a year but she had returned to US for a month to satisfy the six month rule. She applied fr N400 last year and she had her citizenship approved without any trouble for staying 1 year outside US.
 
bvk_n400 said:
Hi guys,

Just wanted to say My wife was outside US for almost a year but she had returned to US for a month to satisfy the six month rule. She applied fr N400 last year and she had her citizenship approved without any trouble for staying 1 year outside US.
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That is not surprising, if the total of the trips was under a year and neither trip was over 6 months. But those who take multiple consecutive trips totaling much more than a year should expect problems.
 
Does anyone know where and who (besides a lawyer) can tell me how do you know if you quality for 319(b).
 
Same problem with outcome...:(

52love said:
I am a US citizen (and so are my kids) who has a job overseas with a US company since a year. My wife is eligible for her citizenship in May '08 (3yrs by marriage). She got her GC in 7/2005 and has completed her 18 months stay of the 36 months. She got a permanent GC as we were married more than 3 years already.

Since I got the job, she has moved with me and here are the list of trips
3/18/06 - 5/17/06 - 60days (had job in US then)
2/09/07 - 7/25/07 - 166 days (we moved overseas and she came to the US for 2 months to statisfy the 6 month rule)
9/24/07 - 3/14/08 - 172 days (she will be making a trip now)

1. My qs is, will it pose a problem for her apply for citizenship as she has been out for so many days in her last 2 trips? We have a house we own back home and all my paychecks get deposited in the US banks. I have not filed the N470 since I knew she would be making trips every six months.

2. Does she have to be in the US when she files the N400?

3. What do I put in for "date you returned to US" in part 7C of the N400, as she may be overseas when she applies for natz.

4. For part 6A do I put in the overseas address and the US address?

Thanks for the help
Click to expand...

I have typically the same situation as you. My wife got her GC in 07/2004 from then until 08/2006, we resided and worked in the US, had children, completed our degrees. Anyhow I went to go work overseas 08/2006 and applied for Nat. 06/2007. Her interview was on 06/2008. Ultimately after passing all tests, the IO said she does not qualify as "you and your husband file joint tax returns." anyhow we made it a point for her to be in the country before 6 months finished, it was in vain. IO did not even ask for any supporting docs, or question about children nothing. He even said "visiting your husband is for 1 or 2 months not 5" because she stated she resided in Texas and visited me. As you can see these IO have been given large amounts of freedom to consider cases subjectively. I spoke to a lawyer afterwards she said we have very strong grounds for appeal, because IO did not ask for evidence that will demonstrate ties to the US, without going into too much detail, I am ex-serviceman, have lived in Texas most of my life, and have 2 children together with my wife that are US citizens. All I can say is good luck and hopefully you get a good officer.
 
Jackolantern said:
That is not surprising, if the total of the trips was under a year and neither trip was over 6 months. But those who take multiple consecutive trips totaling much more than a year should expect problems.
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I did not see a rule anywhere about total trips being more than a year is a problem. They only have two rules: max 6 months at a time absences and at least 30 months of presence in 5 years. which means 30 months = 2.5 of total allowed absence. Not 1 year of allowed absence. So if you meet these two things you should be fine. Someone correct me if I am wrong.
 
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