Need Help in finding out whether spouse is eligible to apply for US citizenship--Continous residence

V

viraj3_16

Registered Users (C)
Hello,

My Spouse is a GC holder since Aug 2002 , However during her first 4 years she has been in and out of the country for longer periods of more than 2 years. However she got a re-entry permit and was allowed to enter the US with the re-entry permit

I wanted help in knowing if as of today she is eligible to apply for citizenship

Following are the dates she was in the USA
oct 02-- jan 03
oct-03 --- nov 03 (She got her re-entry permit(Aug 2004 - Aug2006) while she was aborad and in the first year of absence)
-aug 2006 ---feb 2007
jul 2007---dec-2007
jan 2008 -- -nov 2008
18-jan 2009 -- present

I understand that the contiuity of residence is broken from (nov-03 to aug 06)
She has completed physical presence of 30 months since aug -06
Can she apply for citizenship as of today (10/14/10)? does she qualify to apply for citizenship in the 4 year 1 day rule or she has to wait for 4 years and 9 months ?

Please advise
Thanks a lot
 
She can apply now with the 4y+1d rule, but she may still be required to show ties to the US in that last year when she was out ending in Aug 2006.

But if she applies 5 years minus 90 days after that trip which ended in Aug 2006 (so that would be approx. May 2011), that trip won't affect her eligibility.

Are you a US citizen for the past 3 years and married to her during that time? If yes, she can apply now using the 3 year rule and that trip will be too old to affect her.
 
Thanks for the information Jack,

The only ties she can establish in that trip is that, in April 2006 she received an acceptance letter from a school in US(Berkeley College) on their letterhead via email. she was applying for further studies in the US. Would that be suffice to establish a tie?(Please let me know) As she was studying abroad, she wanted to pursue further studies.

I am on a work visa, and am currently in the US. the plan is to apply for my GC once she gets citizenship before my visa ends (Dec 2011.)

The latest i can apply safely is i guess around 15 May 2011, hoping that she will get her citizenship by Dec.
Please advise , Sincere Thanks
 
You must log in or register to reply here.
Top