Out of the U.S. for 6 months+?

[ms.rachaelt 0]

I am a new member to VJ and this question may be in the wrong section.

My husband and I were married Nov. 2012 He came to the U.S. on a K-1 visa. He received his green card in March 2013 and then was in a car accident a few weeks later. We decided that it would be best for his healing if he went home for a while to be with his family and to be in his culture. He has now been out of the country for 6 months and 3 days. Our intention is to apply for citizenship after we are married 3 years. I spoke with USCIS today and they said that because he has been out of the country for over six months that he can't apply for naturalization until he has been in the country for 2 years + 1 day. He would never agree to not see his family for 2 years does this mean that he can never apply for citizenship? I spoke with another person with USCIS and they said that he just needs to be in the country for 18 months out of 3 years. I did lots of research before he left and all I ever saw was that he has to come back within a year so as not to loose his petition for residency. Should I get a lawyer? Has anyone ever had to deal with this? Should he come back ASAP?

Thank you for your advise on this situation!

[JohnR! 5,495]

No, you don't need a lawyer.

The naturalization requirements are not based on one single rule. Take a look at the link below where you can find the residence requirements.

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Bear in mind that even if he were unable to apply for citizenship based on the 3year/marriage rule, he would be able to do so under the 5year/residence rule.

Good luck!

Edited January 23, 2014 by Gegel

[KayDeeCee 4,902]

No. He can take trips that are less than 6 months. You must maintain your residency.

FAQ on eligibility > http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

Maintaining residency > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

http://www.uscis.gov/sites/default/files/USCIS/Resources/B4en.pdf

~ Moved from ROC to US Citizenship - topic is about filing for naturalization ~

[Rachel Chen 1]

FIrst, he needs to come back. Second, (If I'm not wrong) after 3 years of his coming back date he will be eligable to apply naturalization through marriage. During that 3 years, he still can go back but his stay can't be no longer than 6 months.

Edited January 23, 2014 by Rachel Chen

[JimmyHou 614]

I am a new member to VJ and this question may be in the wrong section.

My husband and I were married Nov. 2012 He came to the U.S. on a K-1 visa. He received his green card in March 2013 and then was in a car accident a few weeks later. We decided that it would be best for his healing if he went home for a while to be with his family and to be in his culture. He has now been out of the country for 6 months and 3 days. Our intention is to apply for citizenship after we are married 3 years. I spoke with USCIS today and they said that because he has been out of the country for over six months that he can't apply for naturalization until he has been in the country for 2 years + 1 day. He would never agree to not see his family for 2 years does this mean that he can never apply for citizenship? I spoke with another person with USCIS and they said that he just needs to be in the country for 18 months out of 3 years. I did lots of research before he left and all I ever saw was that he has to come back within a year so as not to loose his petition for residency. Should I get a lawyer? Has anyone ever had to deal with this? Should he come back ASAP?

Thank you for your advise on this situation!

Here's my interpretation of the situation, but if I've got any details wrong, perhaps someone can correct me:

Since your husband has been out of the country for more than six months, an immigration officer may conclude that he has broken continuous residence. If this is the case, then he'll have to come back to the US, wait for 2 years +1 day and then apply for naturalization. However, this doesn't mean that he can't leave the country for those 2 years, he just needs to keep his visits under 6 months and show that he is actually living in the US. For example, he can't come to the US for 2 days, then leave for 5 months, then come back for 7 days, then leave for 4 months. So, don't worry about short visits; he can go see his parents for a few weeks whenever he wants during those two years. The second point is that whenever you've been out of the country for more than six months, there is some risk of a hassle when you try to reenter the country, but this isn't as high a risk as it would be if he'd been gone for more than a year.

[Shub 78]

No need to lawyer up here. I agree with the above answers.

Let me emphasize that it is critical that he comes back before one year has passed from the date he left, or his status as a permanent resident can be revoked.

[ms.rachaelt 0]

Thank you for everyone's prompt responses! Your advise has been extremely helpful and cost effective.