Advice for Submitting an I-751 to Remove Conditions on CR-1 Visa

[dpmusic 0]

Hello,

My wife (a Polish national with a CR-1 living in America) and I are preparing a joint I-751 to remove the conditions on her green card and have two questions about supporting documents.

1) I studied for a semester abroad in the UK and she accompanied me. The total time we were away was slightly over six months. I know that absences from the US on a green card are permitted for up to a year, but that we have the burden of proving that she did not abandon residency because she was gone for over six months. Is now the proper time to submit an explanation of that absence, or does that wait until she applies for citizenship next year? If we should explain it now, what should we say?

2) The second question regards what the meaning of "to reside" is for the purpose of the question asking "Have you resided at any other address since you became a permanent resident?" I know that in many federal laws, the term "residence" is defined so that it has has a meaning equivalent to that of "legal domicile," i.e., living somewhere with the intent to remain there indefinitely. The reason why it makes a difference to us is that we have moved about a dozen times over the past two years to take short-term internships and education opportunities. Since all of those moves were for short-term purposes, they would not constitute a change of residence in the sense of legal domicile; we've maintained a single legal domicile, where we receive bills and bank statements, pay taxes, where I vote, etc., and have never had the requesite intent to change residences through our various moves. So, have we had "resided" in one place or many? My inclination is that it is only one residence, but don't want to get into problems later on if we check the box saying so.

Thanks for your help!

Edited February 23, 2012 by dpmusic

[Brother Hesekiel 2,235]

1) There is no reason for you to volunteer this information. It would be the answer to a question not being asked.

2) If the address USCIS has for you on file is still your "home base," then you haven't changed residencies. Again, no reason to open this door.

[dpmusic 0]

Thanks, Brother. Those were my inclinations, but it's good to hear them backed up.

[Ryan H 3,795]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Permanent Residency forum; OP is asking about the ROC process.