Where am I? What is next?

[Franklin22 0]

Hello, I am trying to figure out what to do next. I married in 2008, my wife is from Cali Colombia on a K-1 and we have had 2 children together here in the United States. Finally we have to get my wife her full citizenship, but I don't know what I need to do.

We are a little concerned because she left the country 2 years ago for 9 months and last year she was gone for 4 months. I don't know if this will have any affect, but it is of concern.

Thank you in advances for any responses that helpful.

[Dohan 133]

I'm assuming that she already has a greencard, correct me if I am wrong. Absences below 12 months are acceptable.

You can see the requirements here http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Gives a good breakdown and explanations.

It would also help if she has a valid reason for why she was away for 9 months, such as caring for a sick relative, etc.

[JimmyHou 610]

I'm assuming that she already has a greencard, correct me if I am wrong. Absences below 12 months are acceptable.

You can see the requirements here http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Gives a good breakdown and explanations.

It would also help if she has a valid reason for why she was away for 9 months, such as caring for a sick relative, etc.

Absences below 12 months are ok to maintain your green card, but they can break continuous residence, meaning that you'd have to start counting your time towards citizenship all over again when you get back. Even trips under 6 months can break continuous residence depending on the circumstances. If the applicant is out of the US for between 6 or 12 months, she may be asked to prove that she was still "residing" in the US even though she was physically abroad. Otherwise, she will have to wait 4 years + 1 day (or 2 years + 1 day if applying based on marriage) to apply. Evidence that might convince an interviewer may include credit card bills, payment of rent, phone bills, car insurance (basically anything that shows she did not intend to leave permanently). There are also many cases where the interviewer ignores trips under 12 months, so this may not even come up.

From the USCIS policy manual:

C. Breaks in Continuous Residence​

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An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization.​ [9]

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•Absences of more than 6 months but less than one year; and​

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•Absences of one year or more. ​

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In addition, absences of less than 6 months may also break the continuity of residence depending on the facts surrounding the absence.​

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1. Absence of More than Six Months (but Less than One Year) ​

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An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ [10]

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An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

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An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​ [11]

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•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

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•The applicant’s immediate family remained in the United States.​

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•The applicant retained full access to his or her ​United States​ abode.​

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2. Absence of One Year or More ​

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An absence from the ​United States​ for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.​ [12]

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The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of ​INA 316(b)​. An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence.​ [13]

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Edited February 11, 2015 by JimmyHou

[Franklin22 0]

Thanks.

It looks like we would be taking our chances by applying since she was out of the country for those 2 long spans. There was no extenuating circumstance either. Just enjoying family.

Any further advice?

[Karmalious 50]

my wife also fell into a similar category.....

If you leave the US , and it has been longer than 12 months , AND she did not fill out that special form: ( Non US citizens need to fill out a form stating they are leaving the US, but only temporarily )...

If you she did not fill out that form, and she has been gone this long....Then she is considered to have ABANDONED her citizenship. You can certainly call USCIS to confirm this, but it sounds like she must start over from scratch! , Unfortunately.

[Done--Really 331]

Please be more specific with the EXACT dates she got her initial green card, and exits and entries for ALL trips, and then we can be of more help