Question about working overseas but wife apply for Citizenship

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adamga30004

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I am applying with a company to work in Japan in August 2009. My Wife will be applying for citizenship in May of 2009. She wants to go with me to Japan. She has completed her 3 year residency requirment. My question is: AFter applying for citizenship can she leave the country for about 9 months? Also do I have to be present when she is called in for her interview? She is thinking to stay in the US until she gets her citizenship and then fly to Japan to meet me, but I am not sure if I need to be present for any part of her getting her citizenship. Thank you all in advance for any help you can give.

PS: We are in Atlanta if that helps any for timeframe ideas.
 
adamga30004 said:
I am applying with a company to work in Japan in August 2009. My Wife will be applying for citizenship in May of 2009. She wants to go with me to Japan. She has completed her 3 year residency requirment. My question is: AFter applying for citizenship can she leave the country for about 9 months? Also do I have to be present when she is called in for her interview? She is thinking to stay in the US until she gets her citizenship and then fly to Japan to meet me, but I am not sure if I need to be present for any part of her getting her citizenship. Thank you all in advance for any help you can give.

PS: We are in Atlanta if that helps any for timeframe ideas.
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Yes She needs to maintain residency during the time of citizenship processing and all utilities ,tax filing, insurance information, showing both of your name together. Your presennce is not required but advised.
 
adamga30004 said:
I am applying with a company to work in Japan in August 2009. My Wife will be applying for citizenship in May of 2009. She wants to go with me to Japan. She has completed her 3 year residency requirment.
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Why not apply now? Is it because you got married in May 2006, but she got her green card before that? When did she obtain her green card?

The 3-year period of residence starts counting backwards from when the application is filed. So "already completed 3 years" does not mean she is free and clear, because that residence must continue throughout the process.

Obtaining citizenship under the 3-year marriage rule requires the noncitizen spouse to be living in the US with the citizen spouse for those 3 years, including still living together when the application is filed, and still living together until the interview and oath.

The problem is that if she joins you in Japan, she is no longer living in the US. And if she stays in the US while you are in Japan, she is not living with you.

What helps is that it may be possible for her to complete the process before August 2009. Otherwise, once you leave for Japan, it will be difficult to convince USCIS that she satisfies both conditions of living together with you and residing in the US, unless your work in Japan is a short-term contract.
 
We got married on May 5 2005. So when would she be able to apply? She got her greencard about 3 months after that so we were thinking we could apply in may since she has lived here for 3 years nonstop since our marriage. She was originally a student in the US on a F1 visa since 2003. We met in 2004 and married in 2005.
 
In regards to maintaining the residency if she came to Japan could she do her interview and biometrics in Japan or Guam? Guam is a US territory so I would think going to Guam would reset the 6month issue. IE if she was in Japan for 5 months, went to Guam for a week and then came back to Japan I dont think her residency would be an issue than since she was back in the US correct?
 
She got her green card in August 2005? She can apply now! ... assuming that she's been living with you for the past 3 years. She has completed both 3 years of marriage to a US citizen and 3 years of residing in the US. Unless you got your citizenship after you married her.
 
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adamga30004 said:
In regards to maintaining the residency if she came to Japan could she do her interview and biometrics in Japan or Guam? Guam is a US territory so I would think going to Guam would reset the 6month issue. IE if she was in Japan for 5 months, went to Guam for a week and then came back to Japan I dont think her residency would be an issue than since she was back in the US correct?
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That 6-month thing doesn't work reliably if done repeatedly. They don't just look at whether one trip is 6 months, they look at the entire picture. If you have a full time job in Japan which is not a short-term contract, it is tough to paint a picture where she is both living with you and living in the US.
 
When did you become a US citizen? "3 years married to a US citizen" cannot start counting before the date you became a US citizen.
 
I found out from her that she did not get her greencard until August of 06 even though we married in May of 05. Is it 3 years after she got the greencard or 3 years after we got married?
 
adamga30004 said:
I found out from her that she did not get her greencard until August of 06 even though we married in May of 05. Is it 3 years after she got the greencard or 3 years after we got married?
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3 Years after she became a Permanent Resident (when the Green Card officially got approved, not when you got married. Look at the PR date on the card)...
 
adamga30004 said:
I found out from her that she did not get her greencard until August of 06 even though we married in May of 05. Is it 3 years after she got the greencard or 3 years after we got married?
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To be approved, 3 years of both must be completed.

However, the application may be filed 90 days before completing 3 years as a permanent resident (but the "minus 90 days" doesn't apply to the marriage part ... 3 full years of marriage must be completed before applying).

So that would mean she has to wait until May 2009 to apply.
 
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