spouse living outside US

M

Maddy13

Registered Users (C)
Hello everyone,

Thank you all for sharing wealth of information here.

I was thinking applying N400 will be straightforward. After going through many of the stories here I am not too sure and wanted to get some advice. I searched the forum and did not find any stories similar, so wanted to see what forummers think about my case.

Here is my story.

Have been in US for the past 15+ years and on GC for the past 5 years. GC recieved in June 2008. So applied for N400 in April, (90 days advance) and send the paperwork in. Finger print done and now waiting in line for the inteview. That is when I came across the forum and reading some stories made me confused and worried.

We (Me + Wife) applied for GC together in 2003, and both of us got the GC in 2008, as mentioned earlier. No problems so far. In 2010 we decided that spouse and kid (US citizen) will leave for the home country for some years and I will keep shuttling back and forth to see how that works out. I will stay in US for about seven months and rest in the home country.

Wife couldn't apply for the reentry permit on time, so after one year, her GC lapsed and we went to the US embassy in 2012 and got her a visting visa to come to US for vaction and all. During these time I have been shuttling back and forth and none of my visits to the home country has been more than six months. And till date total days outside US was something around 500 days and no trips more than 180 days.

We pay taxes, married filing jointly, and kept the apartment for the whole time. Her name is listed in the car insurance and Bank accounts. Currently I have no formal lease arrangment, (since owner is friend for a long), so no lease document for me or for her. But for the past 3 years have been living in the same address. I have been working for the same firm for all these years, so I have all pay stub and tax transcripts for both of us for the past 5 years.

Now here is where I need some help. In N400 application, regarding spouse address, I had given my address in US. (thought was, when she come here, she lives with me. And if the home country address is given, I was thinking it will be something like we are seperated and not living any more togther). So without much thought I filled my address and send it in. Same with the kid address. And in the immigration status of the spouse I gave the answer "non immigrant visa", that is the visa she has now.

Now my question is should I correct it and let the immigration officer know that, I made a mistake. What additional documentation do I need for a spouse living outside US but not seperated. How serious is the problem ?

Please share your thoughts.
 
Yes, you need to correct that information. She's outside the US without a green card or citizenship, so she's not residing with you; she only visits you.

Have you filed an I-130 to initiate the process of bringing her back to the US? If not, file it ASAP. Otherwise it looks like her relocation abroad combined with your several trips are because you're relocating the whole family abroad, with you just waiting for your citizenship before you make the final move.
 
Thank you Jackolantern.

She was here for 8 years and she had a green card earlier. Since she was outside US for more than a year with out REP, the only way she could visit US is with a visiting visa for her and kids. That is why we went for the visiting visa route. At this point in time we haven't really decided when she will move back to US for good.

So are you saying we should apply for I-130 even when we haven't decided on that.? Will that complicate her visiting visa status.?

Want to thank you again for your post and time in sharing your knowledge.

Thanks
 
Jackolantern thanks again for sharing your thoughts.

Thinking more in your line of thinking, applying I-130 on a GC status, I will need a visa number to available since I am from India. An approved N400 will make it easier for getting her here, without the need for a visa number to be available. I know it is a catch 20 problem.

So won't the IO question that, since that is a more easier route .?

Another thing is she already has a 10 year visiting visa after GC was surrendered to get the visa, so traveling back and forth is not a problem.
 
Maddy13 said:
She was here for 8 years and she had a green card earlier. Since she was outside US for more than a year with out REP, the only way she could visit US is with a visiting visa for her and kids.
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Another way would have been to reinstate her green card by applying for an SB-1 visa.

That is why we went for the visiting visa route. At this point in time we haven't really decided when she will move back to US for good.
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With the amount time you've spending outside the US, and your wife and kids living outside the US with you making no attempt to bring them back to the US, and your wife previously having a green card and abandoning it, it looks like your plan is to follow her and leave the US for good, not to bring them to the US. If the interviewer has the same perception, you naturalization prospects could be in trouble.
 
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Jackolantern said:
Another way would have been to reinstate her green card by applying for an SB-1 visa.
Click to expand...

Seeking (and receiving) a B visa is pretty much a renunciation of permanent residence. An SB-1 won't overcome that.

With the amount time you've spending outside the US, and your wife and kids living outside the US with you making no attempt to bring them back to the US, and your wife previously having a green card and abandoning it, it looks like your plan is to follow her and leave the US for good, not to bring them to the US. If the interviewer has the same perception, you naturalization prospects could be in trouble.
Click to expand...

Agreed. It may make sense to file the I-130 now, even if it is FB2.
 
Thank you all for the replies and suggestions.

----
Here is my do list. (please comment)

- Will need to correct the spouse address and kids address during the interview, tell the IO that I made a mistake, I was thinking more like her address in US when I filled that part and want to correct it now.

- File for I - 130 asap, even if it is in the visa availability category ?

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Now coming back to core issue here, ( please pardon me if it is too obvious )
Will an IO officers perception that a person is applying for citizenship is only for "getting citizenship and planning to leave US" is enough reason to deny citizenship when all other requirements are met. I think this is the essence of the problem I guess.

I am hoping the mistake I made on the application (spouse/kids address) and can be rectified during the interview and then it will be boil down to the above question.

Thank you all and appreciate all your help.
 
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