Eligibility to file for N-400 for spouse out of the country - Please help

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suraj237

Registered Users (C)
I and my wife have resided in the US for 5 years since we received our green cards and would like to apply for our citizenship, however the following is our situation.

My wife is currently in India taking care of her parents who are unwell and I'm here in the US.

I plan to file n-400 for both of us and I plan to be in the US till our citizenship process is completed. She plans to travel back-and-forth for finger printing, interview, oath etc. My concern is since she is out of the country during the filing of the application will there be any issues? if this may cause any issue then we are also considering for her to travel to the US file for her citizenship and then complete the finger printing process and go back?

Can any of you please advise how to go about with my situation, if there are any other alternative ways to go about this please advise.

Thanks for reading my query and responding,
Suraj
 
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there is no issue with her travelling back & forth. and its a good thing that you remain in the US to communicate dates for finder printing & IL. Her n-400 application will need to be updated @ interview when the IO asks. Make sure she has proof that she is still affiliated with the US like mortgage, insurance etc. A simple explanation of sick parents when asked might be good. Other than that, i think you are good to go!! good luck!
 
It depends how long and frequently she has been in India during the statutory period. For example, if your wife left last January to India and has since a back and forth travel pattern it will bring her continuous residency into question. You staying in US while she is in India is a good thing as it strengthens her proof of continuous residency.
 
Thanks Bobsmith and ga0509 for taking time to respond to my query.

I'm moving from the bay area to Boston and I would like to know if I will need to stay in Boston for 3 months (meet district residency requirements) in order to apply for our citizenship. I have never in the past lived in Boston.

Regards,
Suraj
 
I'm currently live in the US and my wife is in India, is it ok for me to file for her n400 application when she is not physically present in the US?

Thanks,
Sudhir
 
suraj237 said:
Thanks Bobsmith and ga0509 for taking time to respond to my query.

I'm moving from the bay area to Boston and I would like to know if I will need to stay in Boston for 3 months (meet district residency requirements) in order to apply for our citizenship. I have never in the past lived in Boston.

Regards,
Suraj
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You need to be a resident in Boston for 3 months to meet residency requirement. So, wait till you are in Boston and then send your application, and your residency will most likely be established by mail and drivers.
 
suraj237 said:
I'm currently live in the US and my wife is in India, is it ok for me to file for her n400 application when she is not physically present in the US?

Thanks,
Sudhir
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How do you plan to sign the application for your spouse? Let me guess, you are going to sign and mail it as pass it as if your spouse signed it? :confused: Also, you can have your spouse complete the form, sign and mail it for you to mail it. However, does he intend to be in the US for the fingerprinting process and the entire process or he will be overseas and only come for appointments with USCIS?
 
She is going to sign the same and mail it to me and will travel to the US for finger printing, interview etc. Do you think i may run into any issues because of this?

Please help.

Thanks,
Suraj
 
suraj237 said:
She is going to sign the same and mail it to me and will travel to the US for finger printing, interview etc. Do you think i may run into any issues because of this?

Please help.

Thanks,
Suraj
Click to expand...


I assume if she meets the eligibility requirements, I cannot imagine any reason why not file on her behalf. Is your spouse permanently based in your home country? If not, how often or how long are normally her trips back home? Does she pay taxes in the US?:cool: Also, in the form, you need to disclose all trips taken outside the US lasting more than 24 hours, do you know when she will be back in the US? I mean, you might run into a wild dog on this one, but if you are comfortable with dates, then go for it:rolleyes:
 
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