N-400 residency question

rgliu

New Member
Hi,

I have some questions regarding residency requirement for N-400 application. I’m a US citizen and my wife received her GC on 10/3/2000. She has resided in the US since receiving her GC, so we plan to apply for her N-400 90 days prior to her 3-year residency anniversary of 10/3/2003. Currently, we own a house, but are planning to sell the house because I took a job with a major US company overseas. We plan to rent an apartment for her in the States to keep her residency active. However, she plans to visit me overseas every 2-3 months for 2 months duration. Can someone please help me answer the following questions:

1. Will selling the house raise any red flags with INS?
2. Can she visit me overseas every 2-3 months for 2 months duration on each visit?
3. How quickly can she leave the country after taking the oath? Does she get the naturalization certificate immediately after taking the oath?

Thanks,
Rob
 
1. I don't think it makes a difference whether or not she lives in a house or an apartment.

2. It should be all right, as long as she meets the other residency requirements. The only issue is that she would need someone to check her mail during her absence, just in case BCIS sends her anything during that time.

3. She'll be an American citizen after the oath ceremony. After that, she can apply for a US passport and travel using that.
 
Gabby,

Thanks for the reply.

Considering that I will be employeed by a major US company overseas, would my wife lose her residency requiement if she accompanied me overseas and stay for more than 6 months? (We would still rent and keep an apartment in the US.) I would rather have my wife accompany me overseas because we have two small children (both born in the US).

thanks,
Rob
 
JoeF,

Thanks for listing the provision!

According to the provision:

"For purposes of this section, a citizen spouse is regularly stationed abroad if he or she proceeds abroad, for a period of not less than one year, pursuant to an employment contract or orders, and assumes the duties of employment"

Questions:

1. Do I have to provide proof that the employment contract to be stationed abroad is only temporary?

2. We do intend to rent an apartment in the US because I have to return to the US periodically and work with the US branch of our company. Will this help with my wife's application?

Thanks!
 
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