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celiothrkn

Absences for less than 6 months? Or 1 year?

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Filed: IR-1/CR-1 Visa Country: China
Timeline

My wife won't be eligible for naturalization until May 2013 but we're planning ahead! I understand that the applicant must prove "continuous residence" in the US in order to naturalize.

My lawyer tells me that she cannot take a vacation out of the US for more than 6 consecutive months (because USCIS will then presume she's abandoning LPR status). However in some places, I've read that no single absence can be more than 1 year.

Which one is it? 6 months or 1 year?

To my current understanding, being out of the US for more than 6 consecutive months disrupts continuous residence. Meanwhile if she's out of the US for more than 1 year, she loses her Green Card automatically. Is this correct?

NVC Journey (Concise Version; See Timeline for Full)
2009-08-10 : Filed I-130 for CR1

2010-05-28 : Flight & POE; 1st Day as LPR
2012-04-04 : Filed to Remove Conditions

2012-10-15 : Received 10-Year Green Card
2013-06-05 : Filed N-400 for Naturalization

2014-01-14 : Oath Ceremony

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You are correct. Lawyer is wrong. Absences of 6 months messes up your naturalization clock though, as it seems you understand. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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She can leave for a period of 12 months or more but I believe she needs to apply for a re-entry permit or a travel document... rules around it are a bit confusing....

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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