Our situation has recently become a bit tricky.
I'm the USC, and I was recently accepted to a university in my wife's home country. I am enrolled to start at the beginning of September.
She is about a 2 months shy of being eligible to apply for naturalization-she'd be eligible in the middle of September. We're looking for the best way to go about things, in order to prevent ANY type of issues down the line, since the desire is to be able to have the freedom to go between countries with as little hassle as possible.
I've done some extensive scouring and have come up with a possible solution: that I go up for the first semester on a study permit, while she applies for naturalization. I'd come back for the interview (if they would need me, which I assume they would want to see) and then, we'd probably go back together so I could finish school.
My question is would my departure hinder her eligibility? I'd be keeping my ties to the US (since I have to formy study permit approval), and I'd only possibly be gone for 4 months (then possibly returning again for another 4-which is UNDER the 6 month requirement if she were out of the country), while she would still have her job here, apt...etc, but TECHNICALLY, there'd be a break in the time we've lived together CONSECUTIVELY.
Also, I'd probably have to leave 2 weeks short of her submitting her application, and while they might not know about that, i WOULD have a study permit that says I've entered Canada on so-and-so date.
Any suggestions? I'm close to hiring a lawyer, because she was offered a job up there as well, and if we're not going to be eligible without me canning school, we might be inclined to risk abandoning her PR...
Full Version: USC off to study in another country-still eligible?
No it would not be a break in consequitive cohabitation since you are technically still maintaining residence in the US (i.e., you still consider US your home)
QUOTE(jrw2000 @ Jul 4 2008, 10:07 AM) 
Our situation has recently become a bit tricky.
I'm the USC, and I was recently accepted to a university in my wife's home country. I am enrolled to start at the beginning of September.
She is about a 2 months shy of being eligible to apply for naturalization-she'd be eligible in the middle of September. We're looking for the best way to go about things, in order to prevent ANY type of issues down the line, since the desire is to be able to have the freedom to go between countries with as little hassle as possible.
I've done some extensive scouring and have come up with a possible solution: that I go up for the first semester on a study permit, while she applies for naturalization. I'd come back for the interview (if they would need me, which I assume they would want to see) and then, we'd probably go back together so I could finish school.
My question is would my departure hinder her eligibility? I'd be keeping my ties to the US (since I have to formy study permit approval), and I'd only possibly be gone for 4 months (then possibly returning again for another 4-which is UNDER the 6 month requirement if she were out of the country), while she would still have her job here, apt...etc, but TECHNICALLY, there'd be a break in the time we've lived together CONSECUTIVELY.
Also, I'd probably have to leave 2 weeks short of her submitting her application, and while they might not know about that, i WOULD have a study permit that says I've entered Canada on so-and-so date.
Any suggestions? I'm close to hiring a lawyer, because she was offered a job up there as well, and if we're not going to be eligible without me canning school, we might be inclined to risk abandoning her PR...
I'm the USC, and I was recently accepted to a university in my wife's home country. I am enrolled to start at the beginning of September.
She is about a 2 months shy of being eligible to apply for naturalization-she'd be eligible in the middle of September. We're looking for the best way to go about things, in order to prevent ANY type of issues down the line, since the desire is to be able to have the freedom to go between countries with as little hassle as possible.
I've done some extensive scouring and have come up with a possible solution: that I go up for the first semester on a study permit, while she applies for naturalization. I'd come back for the interview (if they would need me, which I assume they would want to see) and then, we'd probably go back together so I could finish school.
My question is would my departure hinder her eligibility? I'd be keeping my ties to the US (since I have to formy study permit approval), and I'd only possibly be gone for 4 months (then possibly returning again for another 4-which is UNDER the 6 month requirement if she were out of the country), while she would still have her job here, apt...etc, but TECHNICALLY, there'd be a break in the time we've lived together CONSECUTIVELY.
Also, I'd probably have to leave 2 weeks short of her submitting her application, and while they might not know about that, i WOULD have a study permit that says I've entered Canada on so-and-so date.
Any suggestions? I'm close to hiring a lawyer, because she was offered a job up there as well, and if we're not going to be eligible without me canning school, we might be inclined to risk abandoning her PR...
You can actually file from Canada. We did that since both of us were in gradschool up there.
Check out the DCF forum.
Check out the DCF forum.
Can also check on form N-470 at http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
to learn if that applies to you.
From the M-476 manual:
Attachment C
I have been out of the country for one year or more
Since becoming a Permanent Resident,
I have not taken a trip out of the United
States that lasted for one year or more without an
approved “Application to Preserve Residence
for Naturalization Purposes” (Form N-470).
NOTE: Only certain persons can use Form N-470.
See Pages 18-21 in A Guide to Naturalization for
more information.
If you answered “True,” go to Question 6 on page 1.
to learn if that applies to you.
From the M-476 manual:
Attachment C
I have been out of the country for one year or more
Since becoming a Permanent Resident,
I have not taken a trip out of the United
States that lasted for one year or more without an
approved “Application to Preserve Residence
for Naturalization Purposes” (Form N-470).
NOTE: Only certain persons can use Form N-470.
See Pages 18-21 in A Guide to Naturalization for
more information.
If you answered “True,” go to Question 6 on page 1.
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