Will desire to live in Mexico affect Citizenship Appoval?

[boatbod]

OK. So what if I take the job now, move to Mexico next month, and don't apply for my wifes citizenship until we get back in, say 2011. Does anyone know what kind of permissions she would need to leave for an extended period like that?

So it seems I'm coming to the party a bit late

I have several thoughts:-
i. If you leave now, and attempt to apply while living abroad, there is a high probability that your wife will be considered to have broken continuous residence (as others have already stated).

ii. If you leave now and plan to apply after you both return, your wife will need to wait 2yrs+1day from the date she returns before she becomes eligible once again.

iii. Assuming you are a USC, work for a US corporation, are being posted overseas on an assignment (by that corporation), and can prove it will last longer than 1 yr, your wife may be eligible to apply for expedited citizenship under 8.CFR.319.2

Personally I recommend you either get her citizenship sorted out now through the conventional route, or investigate option iii.

 

[djkenney]

iii. Assuming you are a USC, work for a US corporation, are being posted overseas on an assignment (by that corporation), and can prove it will last longer than 1 yr, your wife may be eligible to apply for expedited citizenship under 8.CFR.319.2

Personally I recommend you either get her citizenship sorted out now through the conventional route, or investigate option iii.

Sounds like you've found my golden ticket. I am a US citizen, and if we decide to move, it will be because a US corporation hired me at their Mexican plant as an engineer. It should last more than 1 year. Can you please give me more details on this document you sent me, or point me to where I can read more than just the 2 pages? You call it "expedited citizenship", but I don't see the word "expedited" anywhere in what you sent me. What is 319(b)? Can she file under this 319.2 and then leave the country and still be eligible for naturalization?

Thank you so much.

 

[Triple Citizen]

If you and your wife haven't moved yet and do not intend to move until she takes her oath then there is no need to mention it. Unless the interviewing office specifically asks your wife "Do you intend to move out of the US soon?", then there is no need to volunteer any of this.

Let me clarify. We haven't moved yet. I have a potential job offer that I would start in March, and I want to understand the rules before accepting.

 

[boatbod]

Sounds like you've found my golden ticket. I am a US citizen, and if we decide to move, it will be because a US corporation hired me at their Mexican plant as an engineer. It should last more than 1 year. Can you please give me more details on this document you sent me, or point me to where I can read more than just the 2 pages? You call it "expedited citizenship", but I don't see the word "expedited" anywhere in what you sent me. What is 319(b)? Can she file under this 319.2 and then leave the country and still be eligible for naturalization?

Thank you so much.

Here are some starting points. You can also google for "319(b)".

http://www.ilw.com/articles/2006,0525-mehta.shtm
http://www.immigrationportal.com/showthread.php?t=264480
http://www.immigrationportal.com/showthread.php?t=270180&highlight=319(b)

 

[Jackolantern]

Sounds like you've found my golden ticket. I am a US citizen, and if we decide to move, it will be because a US corporation hired me at their Mexican plant as an engineer.

It might be tough to go that route. The problem is (1) it seems like you will you be an employee of the Mexican subsidiary, not of the US-based part of the company, and (2) you are going to Mexico on your own initiative to take the job, rather than being sent by the US corporation with whom you were already employed.

Check out the details anyway.

 

[djkenney]

Does anyone know what happens if my wife's Green Card expires while she's outside of the country waiting for her N400 w/ 319(b) to be approved? Does the fact that she's applied for her N400 w/ 319(b) make her exempt from the 6 month abroad rule without giving up residency?

 

[boatbod]

Does anyone know what happens if my wife's Green Card expires while she's outside of the country waiting for her N400 w/ 319(b) to be approved? Does the fact that she's applied for her N400 w/ 319(b) make her exempt from the 6 month abroad rule without giving up residency?

319(b) says the applicant must be present in the US under the status of LPR at the time of Interview. The person must also be present in the US for the Oath, but this time there is no mention of any particular status requirements.

My take is that your wife needs to have had her interview before she's been absent long enough to trigger loss of residency. Whether that is 6 months or 12 months would be open to interpretation...