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Wife Going for Citizenship - Many Years Abroad, Although with I-131

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Filed: AOS (pnd) Country: Spain
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My wife and I are in a special case, although I suspect that it is not that unusual in the larger picture. I am hoping that someone from the community can share a similar experience...

My wife has been a greencard holder for about 10 years now, however due to my work situation, we have spent most of that time abroad. We return to the US for about 30-60 days total a year, although she has had i-131's consistently throughout the entire time.

We are now looking to pursue her citizenship, with the expectation and hopes to return to the US on a more permanent basis. Has anyone been in a similar situation who can share their experiences in the citizenship process?

A few more details:

  • We have maintained a permanent address in FL.
  • Banks, Credit Cards, Drivers Licenses and IDs in FL.
  • 132 days in the USA in the past 3 years. 229 days in the past 5 years.
  • Plans to return in January 2017 for a period of 6 months to a year.

Thanks in advance.

Len - USA

Lydia - Spain

She and I married in the US while she was here on a tourist visa

CIS Office : Tampa FL

09-27-2006 -- Entered USA as Tourist

11-21-2006 -- Wedding Day

12-19-2006 -- I-130 Sent

12-28-2006 -- I-130 NOA1

03-13-2006 -- I-130 Aproved

12-19-2006 -- I-485 Sent

12-28-2006 -- I-485 NOA

01-11-2007 -- I-485 RFE

02-08-2007 -- Biometrics

03-13-2007 -- Interview == Now Awaiting FBI Namecheck

03-16-2007 -- Adv. Parole Sent

04-03-2007 -- NOA

04-06-2007 -- Check Cashed

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Filed: Citizen (apr) Country: Ireland
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Why are you working abroad? if it is for a US government thing, you will definitely be fine and can perhaps even naturalise while abroad. If not these rules apply:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens Since she was approved for the i-131's, she should be ok on "continuously being a US resident". However, you will need to spend more time inside the USA before you can file, as you need 18 months within the last three years.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: AOS (pnd) Country: Spain
Timeline

Why are you working abroad? if it is for a US government thing, you will definitely be fine and can perhaps even naturalise while abroad. If not these rules apply:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens Since she was approved for the i-131's, she should be ok on "continuously being a US resident". However, you will need to spend more time inside the USA before you can file, as you need 18 months within the last three years.

Thanks for the quick reply, Penguin_ie.

No - not a government job, but I am glad that the feeling is that all will be ok because of the I-131's. With our travel plans bringing us back to the USA for a good portion of next year (if not all), we should make some good progress toward the needed 18 months.

Thanks again.

Len - USA

Lydia - Spain

She and I married in the US while she was here on a tourist visa

CIS Office : Tampa FL

09-27-2006 -- Entered USA as Tourist

11-21-2006 -- Wedding Day

12-19-2006 -- I-130 Sent

12-28-2006 -- I-130 NOA1

03-13-2006 -- I-130 Aproved

12-19-2006 -- I-485 Sent

12-28-2006 -- I-485 NOA

01-11-2007 -- I-485 RFE

02-08-2007 -- Biometrics

03-13-2007 -- Interview == Now Awaiting FBI Namecheck

03-16-2007 -- Adv. Parole Sent

04-03-2007 -- NOA

04-06-2007 -- Check Cashed

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My wife and I are in a special case, although I suspect that it is not that unusual in the larger picture. I am hoping that someone from the community can share a similar experience...

My wife has been a greencard holder for about 10 years now, however due to my work situation, we have spent most of that time abroad. We return to the US for about 30-60 days total a year, although she has had i-131's consistently throughout the entire time.

We are now looking to pursue her citizenship, with the expectation and hopes to return to the US on a more permanent basis. Has anyone been in a similar situation who can share their experiences in the citizenship process?

A few more details:

  • We have maintained a permanent address in FL.
  • Banks, Credit Cards, Drivers Licenses and IDs in FL.
  • 132 days in the USA in the past 3 years. 229 days in the past 5 years.
  • Plans to return in January 2017 for a period of 6 months to a year.

Thanks in advance.

You have done everything to maintain her LPR status, however; Citizenship has a completely different set of rules. The first big one is any trip outside the US more than 1 year resets your continuous residence clock. You could be a LPR for 20 years and eligible for USC and spend 366 days outside the US and loss all but 364 days towards the continuous residency requirement for citizenship.

Since your wife is still married to a USC, she can use the 3 year rule to apply for citizenship. She will need to remain in the US for more than half of that 3 year period--548 days. She does get credit for all her time as a LPR and married to you, but she only get 364 towards the residency requirement for citizenship. So she cannot take a trip outside the US for more than 6 months (to be safe as there is debate on if this resets the clock, but you can proved that you maintained ties to the US and therefore not break the continuous residency, but why chance it?) in the next two years and must be in the US for a total of 185 days at a minimum to qualify for citizenship--but I would expect the USCIS to require more time in the US before they approve her application. I am sure they will want her to prove that she is actually a LPR with the key word being RESIDENT. They may determine she has been using her GC as a tourist visa as she has not actually been residing in the US.

Assuming she has no trips outside the US for a period greater than 180 days she can apply for USC once she has been in the more than she has been out of the US in the counting back the previous 3 years. She also must be a resident of the USCIS district that has jurisdiction over her application for at least the previous 3 months before she applies. Now if she has any trip outside the US for more than 182 days the USCIS will use that to reset her continuous residency clock and she will need two years plus one day before she can file and she must be in the more than she is outside the US within those 2 years. I would worry about maintaining her LPR status and keeping her GC and when the two of you decide to live IN the US than she can file for USC.

Dave

Edited by Dave&Roza
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Filed: AOS (pnd) Country: Spain
Timeline

You have done everything to maintain her LPR status, however; Citizenship has a completely different set of rules. The first big one is any trip outside the US more than 1 year resets your continuous residence clock. You could be a LPR for 20 years and eligible for USC and spend 366 days outside the US and loss all but 364 days towards the continuous residency requirement for citizenship.

Since your wife is still married to a USC, she can use the 3 year rule to apply for citizenship. She will need to remain in the US for more than half of that 3 year period--548 days. She does get credit for all her time as a LPR and married to you, but she only get 364 towards the residency requirement for citizenship. So she cannot take a trip outside the US for more than 6 months (to be safe as there is debate on if this resets the clock, but you can proved that you maintained ties to the US and therefore not break the continuous residency, but why chance it?) in the next two years and must be in the US for a total of 185 days at a minimum to qualify for citizenship--but I would expect the USCIS to require more time in the US before they approve her application. I am sure they will want her to prove that she is actually a LPR with the key word being RESIDENT. They may determine she has been using her GC as a tourist visa as she has not actually been residing in the US.

Assuming she has no trips outside the US for a period greater than 180 days she can apply for USC once she has been in the more than she has been out of the US in the counting back the previous 3 years. She also must be a resident of the USCIS district that has jurisdiction over her application for at least the previous 3 months before she applies. Now if she has any trip outside the US for more than 182 days the USCIS will use that to reset her continuous residency clock and she will need two years plus one day before she can file and she must be in the more than she is outside the US within those 2 years. I would worry about maintaining her LPR status and keeping her GC and when the two of you decide to live IN the US than she can file for USC.

Dave

Hi Dave.

Thanks for the details. What you have said matches up with what we had been thinking, and will help put our mind at ease going forward. Our plans are to return to the USA in the new year on a longer term basis (finally), so we can now (finally) start properly on the road to her citizenship. :)

Thanks all for the help!

Len - USA

Lydia - Spain

She and I married in the US while she was here on a tourist visa

CIS Office : Tampa FL

09-27-2006 -- Entered USA as Tourist

11-21-2006 -- Wedding Day

12-19-2006 -- I-130 Sent

12-28-2006 -- I-130 NOA1

03-13-2006 -- I-130 Aproved

12-19-2006 -- I-485 Sent

12-28-2006 -- I-485 NOA

01-11-2007 -- I-485 RFE

02-08-2007 -- Biometrics

03-13-2007 -- Interview == Now Awaiting FBI Namecheck

03-16-2007 -- Adv. Parole Sent

04-03-2007 -- NOA

04-06-2007 -- Check Cashed

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