Confused if we can file yet or not

[Sebas&Lily 3]

Hello all, haven't posted in a while and now it's time for my wife's citizenship step I'm wondering though, she got her first Green Card in December 2010, in Feb 2011 she left the country until Jan 2012, that's 11 months, due to my mother in law being sick and needing surgery, plus she had to finish up some projects at work that she was in charge of (she was an engineer back home). I joined her in Sep 2011 and came back with her together, basically I had a nice 5mos vacation

Now, how will that impact our citizenship application? If we don't count her leaving the country, she would be eligible to file next month (that's 3 years after receiving her first GC), actually she could've filed in September (90days prior) but the time she spent ouside of the country might deterr us from applying unless we can prove she didn't abandon her Permanent Residency.

How should we proceed? Any help would be appreciated, thank you.

[Sebas&Lily 3]

Anyone?

[Sebas&Lily 3]

Hmm, reading through the guide on here it states that as long as I provide proof that we didn't abandon the US Residency, we should be able to file. Proof would include the taxes filed (which we have), pay stubs (nobody in America will still keep you on their payroll for 11mos while you take care of stuff at home, so no pay stubs) and rent payments (we can provide that from the homeowner where we live, basically a legalized letter from the homeowner, would that be enough?).

[BigDaddy28 228]

I think she should be okay but i feel like the office might want to know more about the trip. It seems like she did spend more than half of the time I'm the US which is a good thing but some officers might feel uncomfortable about the time. She will get approved most likely. Good luck

[Kitten24 5]

You can use this guide to help you determine if she is eligible: http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

[christeen 966]

If you meet the criteria of having spent at least half of the time in the USA AND maintained residence then you should be able to file... However, you WILL be asked about this 11 month absence (as any trip over 6 months is stipulated) so I would gather evidence of why she was out for so long (the family illness, doctors/hospital etc...) as you will need to prove that residence was not abandoned...

[Sebas&Lily 3]

Thank you all for responding, proof should not be a problem since she was there for a purpose, not as vacation or whatnot. I think we will go ahead and file but if they say we must wait, do we lose the money?

[Darnell 8,479]

yup.

[Sebas&Lily 3]

Awesome

[DC85 113]

the issue is not abandoned her residence. the problem is she spent more than 6 months out of the states which means she broke her conitnuous resdence.

[Sebas&Lily 3]

I don't see a problem with that at this point, I did the worksheet which was included with the Instructions that I printed out and there was no issue at all, hopefully the USCIS worksheet wasn't lying

[Darnell 8,479]

Awesome

Best Awesome Sauce Ever ! (To lose the money, that is)

[Sebas&Lily 3]

I know

So here is the part that I'm a bit concerned with:

We don't have a rent contract where we live, the homeowner can provide a letter which can be notarized and most likely Apostilled if needed, would that work? That letter would state that we have not interrupted paying rent to him while overseas.

[newlyweds2010 208]

How do you pay rent? Do you have a copy of the checks?

[Sebas&Lily 3]

We share the rent with my father for now, we give him cash and he pays the owner via check I believe...