Continuous Residence...Wait for 4 year and 1 day or Take a chance?

Should My Wife File or Wait?

  • Total voters
    9
  • Poll closed .
K

Kshitij

Registered Users (C)
Dear All,

Its time to seek advice from gurus again.. I am eligible to file N400. not sure if my wife can file with me since she was out for few trips with one of the trip more than 6 months.Here is the time line. Does she stand a chance or its a sure shot denial?


GC 06-04-2007

Reentry permit Jan 2008

Trips out side USA

Wife's Trips

Trips taken for taking care of Parents

Feb 2008 - July 2008 5.5 months
July 2008 - Oct 2008 4 months
Oct 2008 - July 2009 10 months (Husbond was not present in USA for 5.5 months)


My Trips

Oct 2008- March 2009 5.5 months

(Ties with USA maintained, Car insurance, credit card, bank statement, NO LEASE)


No Trip outside USA since July 2009. Employed Full Time.

Is there a chance? Any feedback is greatly appreciated.



Thank you,

kshitij
 
Last edited by a moderator:
I'm not guru but I'd definitely take a chance if you have supporting documents. The more the better.
 
Continuous Residence

Kshitij - I am no guru myself but can share from my experience.
You seem to be fine and should have no problem with your application.

If your wife can prove ties to the US and to the marriage during her absence from US, she should be fine. Do she have medical records to prove that parents health was such that her presence was required to help them?

I had a similar situation and had hospital and doctor records from my home country to prove it.

Also, you will have to prove that you financially supported your wife during her stay away from US.
 
I would answer both options in the poll if I could ... I bet you'll lose AND take a chance! I don't think her chances of approval this year are good, but there's still enough of chance to be worth trying if you can afford to lose the money. So apply this year and see what happens, if denied she can just reapply in July 2013.
 
Kshitij said:
If the lawyer accompanies would that make any difference? Thanks!
Click to expand...

I would surely suggest to consult 1 or 2 lawyers to understand their take and analysis ( he should be open to discuss immigration law clauses with you.) For details you mentioned, I don't think lawyer to interview will make any difference but that is my personal opinion.

Good Luck,
 
osheth said:
I would surely suggest to consult 1 or 2 lawyers to understand their take and analysis ( he should be open to discuss immigration law clauses with you.) For details you mentioned, I don't think lawyer to interview will make any difference but that is my personal opinion.

Good Luck,
Click to expand...

sorry, can't agree with you. When it comes to immigration, lawyers are total waste of time and money.
 
goro said:
sorry, can't agree with you. When it comes to immigration, lawyers are total waste of time and money.
Click to expand...

My rationale was simple, if he is thinking about taking attorney for interview, it would cost more however if he consults attorneys, it would be lot cheaper and attorney could make him aware about specifics based on all aspects involved.
 
Kshitij said:
Feb 2008 - July 2008 5.5 months
July 2008 - Oct 2008 4 months
Oct 2008 - July 2009 10 months (Husbond was not present in USA for 5.5 months)
Click to expand...
With back to back trips totaling over 19 months of stay outside the US,she'll likely be found ineligible for naturalization for failure to maintain residency ties.

Btw, your poll is asking if you can apply, not if she can. It should be reworded to state if she can apply, to avoid confusion.
 
Last edited by a moderator:
Jackolantern said:
I would answer both options in the poll if I could ... I bet you'll lose AND take a chance! I don't think her chances of approval this year are good, but there's still enough of chance to be worth trying if you can afford to lose the money. So apply this year and see what happens, if denied she can just reapply in July 2013.
Click to expand...

Thank you Jackolantern. I think its worth taking the chance.
Good to see you on the board.
 
osheth said:
I would surely suggest to consult 1 or 2 lawyers to understand their take and analysis ( he should be open to discuss immigration law clauses with you.) For details you mentioned, I don't think lawyer to interview will make any difference but that is my personal opinion.

Good Luck,
Click to expand...

Thanks osheth
 
Hi Bobsmyth,


Btw, your poll is asking if you can apply, not if she can. It should be reworded to state if she can apply, to avoid confusion.
Click to expand...

>>My bad. I should have worded the options clearly. I did try afterwards but could not find the option to edit the poll headings...



Bobsmyth said:
With back to back trips totaling over 19 months of stay outside the US,she'll likely be found ineligible for naturalization for failure to maintain residency ties.
Click to expand...

>>I understand there are back to back trips - However, She had Re-entry permit before she took these trips.
Does having a re-entry permit helps establishing her intent to remain a U.S. Permanent Resident and maintain residency?
 
A re-entry permit does indeed show intent to maintain residency, but it still clearly states in the permit itself that it does not preserve residence for naturalisation purposes. It will help when combined with other documentation showing ties to the US were maintained, and that the trips were for reasons like taking care of her parents.
 
You must log in or register to reply here.
Top