Eligibility for filing citizenship for my spouse

K

Kris-Colorado

Registered Users (C)
I am planning to file US citizenship for my spouse and she is GC holders since Nov 2002. She was eligible to apply for Citizenship around August 2007( 4 yrs 9 months rule). Since last 5 years she has not stayed outside US for more than 60 days, but her recent trip because of some medical reason
she had to stay for nearly 8 months(Jan 07 - Aug 07) in India. BTW, she had applied for re-entry permit prior to departure from USA and also have doctor certificate from India advising her not to travel during that time.

Here are my questions??

1. Will she be eligible to apply for US citizenship now??
2. If so, do i need to send a copy like tax and mortgage(her name is not in mortgage and i haven't filed tax for 2007 yet) ?? what other documents i need to send with N-400 application.

I appreciate your quick response!!

Thanks,
Kris-colorado
 
Since I don't know that much about that subject I don't think she can. 8 Month is over the 6 month period but I don't know how it works with a note and the reentry permit. Maybe someone else is able to help you !
 
Trips over 6 months create a presumption of breaking continuous residence, but the presumption can be overcome with sufficient evidence of ties to the US.

Include the a copy of the doctor's statement (bring the original to the interview) as the reason for staying longer than 6 months, along with other evidence of ties to the US, and she should be OK. However, since she just returned in August, it might be a good idea to wait a few more months to apply, just to reestablish a longer period of presence in the US after the trip to make it easier to convince the interviewer.

Did you stay in the US most of the time while she was away? If yes, she should bring some proof of that to the interview. Having immediate family members (spouse and children) who stayed in the US also helps to show ties to the US.
 
A reentry permit does little to prove a person didn't break continuous residence. She needs to focus on demonstrating her continued strong ties to the US while she was in India. One very strong piece of evidence would be if immediate family members (i.e. you, or kids) remained in the US while she was absent. Doctors letters will help too, especially if they state why she couldn't travel sooner.
 
Thanks for all your responses. I did stay in US while she was in India and also she has medical letter from her Dr. not to travel during that time.

If i go ahead and file her application. What additional documents do i need to send along with the application or do they need to presented during the interview.???

- Kris-colorado
 
Kris-Colorado said:
Thanks for all your responses. I did stay in US while she was in India and also she has medical letter from her Dr. not to travel during that time.

If i go ahead and file her application. What additional documents do i need to send along with the application or do they need to presented during the interview.???

- Kris-colorado
Click to expand...

You could maybe send a cover letter and the supporting docs, but primarily this info will be more useful to take to the interview.
 
I just wanted to make sure they don't reject the application before it even comes for interview. I am thinking of sending the copy of Tax transcipts from last 4 years, copy of Re-entry permit and the medical certificate for the supporting documents along with cover letter.

Is this good enough ??? Pls advice
 
Kris-Colorado said:
I just wanted to make sure they don't reject the application before it even comes for interview. I am thinking of sending the copy of Tax transcipts from last 4 years, copy of Re-entry permit and the medical certificate for the supporting documents along with cover letter.

Is this good enough ??? Pls advice
Click to expand...

Also proof of residency in US (rental agreement, loan payment) and notarized letter stating that you as her spouse remained in the US the entire time while she was in India. Did she remain employed in US while she went to India? If so , include a letter from employer.
 
Kris-Colorado said:
I just wanted to make sure they don't reject the application before it even comes for interview. I am thinking of sending the copy of Tax transcipts from last 4 years, copy of Re-entry permit and the medical certificate for the supporting documents along with cover letter.

Is this good enough ??? Pls advice
Click to expand...

The only time an application is rejected before interview is if there are glaring eligibility errors. In this case, I fully expect your wife to be given the opportunity to present her case to the IO.
 
I don't anticipate any problem at all. If you were here, her ties to the US were maintained and more over she had a medical condition preventing her travel.
 
I thought about it for a while. I felt to wait until i file my taxes sometime around February. Then i wanted to send copy of Tax Transcripts, Doctor Certificate and Re-entry permit along with the N400 application.

As far as "notarized letter stating that you as her spouse remained in the US the entire time while she was in India" is concerned, is this helps!! becoz i thought the individual has to establish the presence in US.

Also, is it good idea to send the utility bills which shows her name when she was outside the country??

Pls advice!!

Kris-colorado
 
Kris-Colorado said:
As far as "notarized letter stating that you as her spouse remained in the US the entire time while she was in India" is concerned, is this helps!! becoz i thought the individual has to establish the presence in US.
Click to expand...
"Presence" and "residence" aren't the same thing. Residence has elements of intent, whereas presence is about where one is physically located. If you have a spouse who remained in the US while you traveled outside for a long time, that is one item of evidence showing that you didn't intend to abandon US residence (because if you intended to do that, you probably would have brought your spouse with you).
 
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