Question about continous residency

J

jamal81

Registered Users (C)
Interview coming up for my wife soon.

She had become a GC holder in October of 2005. She lived (worked and went to school) in the USA from 2005-2008. During this time she had made 4 trips to her home country which add up to 122 days.

We met in her come county (I am a US citizen working abroad) and got married in 12/2009. Since then she had made 8 trips out of the USA - none that lasted more than 6 months- which totalled to 886 days to date. We maintained a house that I own in the USA during this time, bank accounts, etc. and made frequent visits to the USA

She is applying based on the 5 years she has had her GC and not based on our marriage.

Her interview is coming up in 3 weeks and we need to know if the above can be an issue.

Thanks in advance!
 
Jamal81,

Maybe you should look at her possible eligibility under 319(b), it depends on your employment situation and marriage details. It may not apply but is worth checking.
 
Unfortunatley, it is 886 days! And yes, not a single trip that lasted more than 6 months.
You see I am employed overseas and she has been accompanying me since we got married. We have returned several times to the US but didnt stay there for long.
edit: we still maintained our home in the US, bank accounts, etc..

edit 2: this was found in setion 319(b) (thanks Big Joe!)

Who Qualifies for Naturalization Assistance from the Family Liaison Office?
The following requirements must be fulfilled:

A foreign-born spouse must have entered the U.S. legally and have Lawful Permanent Resident (LPR) status in the U.S. (The LPR status may be conditional and if a "green card" has not been issued yet, an "A" number in the passport with the annotation "processed for I-551" is sufficient.) Additionally, one of the following very important requirements must be true:

** applicable to my wife


1.The spouse must be going with the employee on an overseas assignment. In this situation naturalization cannot take place more than 45 days prior to departure from the U.S. You may, however, apply and start the process if you have received your post assignment notification. Please note: USCIS will not waive this 45 day requirement.

or


2.
The spouse must currently be at an overseas post with the employee and must have at least one year left at post at the time the naturalization process will be completed (generally five to seven months after the N400 application is submitted to USCIS). Please note: USCIS will not waive this requirement. For practical purposes this means you need 18 months or more remaining on your overseas tour to start the naturalization process


*** I work for an american international company, but hired locally in their offices overseas

Not sure how applicable this is..
 
Last edited by a moderator:
jamal81 said:
Unfortunatley, it is 886 days! And yes, not a single trip that lasted more than 6 months.
You see I am employed overseas and she has been accompanying me since we got married. We have returned several times to the US but didnt stay there for long.
Click to expand...

886 days since when? Your previous post implies it was 886 days outside the US since you got married in 12/2009. Provide your timeline and travel dates to avoid further confusion.
 
I have them somewhere, but not on me now. Also, I have included all of them on the application.

She was accompanying me overseas where I worked, and we made 1 trip back to the US every 6 months for the past 2 years. Before that she was continously living in the US for 3 years (making small trips to her home country)
 
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