Permanent Residency and Applying together or separately?

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innovative01

Registered Users (C)
My mother is still back in our home country and she will not be back until late February this year. She has been out of the US seven times (none of the trips exceeded the 6 months limit but most of them came very close to that limit) in the last five years. Do you think she'll be questioned about her trips elaborately? Her trips were due to poor health of my grandmother.

On that same topic, should we wait until she comes back to the US to finally apply for the N400? My parents, two of the four siblings, and I will have to file the applications. So do you think it matters if we file them together (as in fill each application out individually, pack them in separate envelopes and then send them all into a master envelope)? We are also planning to file the I-912 (fee waiver) form and as far as I understand, it might be easier to obtain the fee waiver if we all file for I-912 under my father since our 'household' (which also includes two <18 y.o. siblings) have Federal aids (Food stamp, medicaid) but not us, the older siblings, who are in college.

Thanks!
 
Mom may have problems if her numerous trips were too close together. She may be viewed as having established her actual domicile/dwelling place abroad that was not re-established in the U.S. yet. Short "visits" back to the U.S. are not meanigful to re-establish a U.S. residence/domicile/dwelling place.

8 CFR § 316.5 Residence in the United States.

(a) General. Unless otherwise specified, for purposes of this chapter, including §316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.

(c)(1)(ii).........An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
 
As for the fee waiver, it is best to make a join request in a large application package. A spouse counts even if residing elsewhere if he provides financially for her. The college student children, even if they live away from home any part of the time, may be included up to age 24, they stop counting upon reaching age 24. Unmarried children under 21 living at home count as part of dad's household for the fee waiver. Non-student unmarried children 21 and over do not count unless they are disabled. Dad's indigent or severly-limited fixed-income parents whom he supports and that live with him also count. Dependent family members' income counts as household income.

Older married or unmarried (student, non-student, non-disabled) children and their famillies who live at home don't count, nor does their income.
 
thanks for your insightful comments! so do you think we should all apply right now excluding her?
do you know if there are other options? If we all apply together (including my mom) and if she gets denied due to her permanent residence domicile issue, will that affect rest of our applications? Also, if she does get denied, she can reapply again as a regular applicant (two or four years from now as you said) right?
 
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