3 years or 5 years? LPR in US, US citizen spouse working overseas

[caliman 0]

Hello everyone. . . brief overview of our situation. I am the US citizen, my wife is the LPR.

• Green card issued July 2005
• Moved overseas together shortly thereafter because of work opportunity for me (US citizen)
• 2006-2011: returned to US at least once a year to maintain LPR status; had 2 children, both US citizens born abroad
• July 2012: LPR wife, US citizen husband, and US citizen children move back to US
• December 2013: long-term unemployment taking toll, US citizen husband takes a different job overseas; whole family returns overseas
• June 2014: LPR spouse and US citizen children return to US; US citizen husband remains overseas to work and financially support family from abroad.

So, what I need to know: assuming that my wife's continuous residence is deemed 'unbroken' from July 2012 to present, will she be able to apply for naturalization by mid-2015, based on the '3-year' rule for LPR's married to citizens?

Or, will our marriage union be called into question because I, the US citizen, am living abroad to work?

Points to consider: we are not separated, we are not divorcing, we can prove mutual financial ties, income taxes, etc. Our two children are 7 and 2 years old.

My understanding is that since we can prove we had financial hardships in 2013 despite my best efforts to find work in the US, and the only job offer I got was for an overseas position, then my wife can apply for naturalization in 2015 (i.e. 3 year period) because of 'involuntary separation' due to economic need. Is this an accurate interpretation? Or am I off-base?

So far 1 lawyer has said '3 years,' 1 lawyer has said '5 years,' and another lawyer has said 'maybe 3 or 5, depends on the officer.'

Your assistance is greatly appreciated.

[Clashman 2]

I'm in roughly the same boat. My wife is an LPR and we have been in the US for just shy of 2 years now. I've just been offered a position abroad, which would likely need to begin sometime in the next 3-4 months, and I'm wondering if it is possible for my wife and child to stay back in the US with my parents and apply for citizenship after one year. Did you ever get a good response for this?

[alex06m 2]

I'm in roughly the same boat. My wife is an LPR and we have been in the US for just shy of 2 years now. I've just been offered a position abroad, which would likely need to begin sometime in the next 3-4 months, and I'm wondering if it is possible for my wife and child to stay back in the US with my parents and apply for citizenship after one year. Did you ever get a good response for this?

My friends in the exact same position just had her interview and received a RFE for more proofs about their marriage (she had bank statements and joint tax-returns, photos and they have two kids also). So let's say, yes you can, but you should think about a lot proofs that you are still together.

[Clashman 2]

Do you know what kinds of proof they are looking to provide? I will be travelling back and forth throughout that time, so photographic evidence for that last year shouldn't be a problem, in addition to joint accounts/billing addresses/taxes/etc. Plus, my wife and child in all likelihood will be staying together with my parents during that time.

[is63 7]

Before answering the question of 3 or 5 years, have your wife stayed outside USA for more than 6 months, basically between December 2013 and June 2014. You can just calculate the number of days. If no then you a good chance of get naturalized with the 3 years rule.

I do not have personal experience with naturalization, but have a good experience with removing conditions which I assumed you went through already.

Me and my wife had to live overseas for a two years and I was able to prove that we have a bona-fida marriage through buying a house together in USA, having same back account in USA and of course having a daughter together. At the same time, the same proofs I used to prove that I did not intend to leave USA for good and I had intention of living in USA after taking a temporary job overseas.

So besides you bank account do you own a house in USA or at least is your name on the lease if you are renting a house for your family in USA ?

Other things to consider, health insurance, will, car insurance, tickets travelling together and so on.

I strongly believe it is doable with the 3 years rule. But I advise you before submitting the application to at least live in the USA for the time of application in case they wanted to interview you which is around 3 months.

Good luck.

Do you know what kinds of proof they are looking to provide? I will be travelling back and forth throughout that time, so photographic evidence for that last year shouldn't be a problem, in addition to joint accounts/billing addresses/taxes/etc. Plus, my wife and child in all likelihood will be staying together with my parents during that time.

[lyzdude 2]

Do you know what kinds of proof they are looking to provide? I will be travelling back and forth throughout that time, so photographic evidence for that last year shouldn't be a problem, in addition to joint accounts/billing addresses/taxes/etc. Plus, my wife and child in all likelihood will be staying together with my parents during that time.

I'm in the same situation. My wife and I lived together for about 20 months in the US with her as an LPR. I got a job overseas and she staying in the US to finish her studies. I will travel back and forth and we'll probably only live apart for about 7 months before she's eligible to apply for naturalization under the 3 year track.

It seem that you guys are in the same situation and your wife will have satisfied the 3 years of continuous residence in the US, the only problem is the periods of physical separation. I found this on the web.

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-31517/0-0-0-31522.html

It governs the naturalization of "persons living in marital union with US citizen spouse". Look at Sec. 319.1(b)(2)(ii)©, near the bottom of the page,

© Involuntary separation. In the event that the applicant and spouse live apart because of circumstances beyond their control, such as military service in the Armed Forces of the United States or essential business or occupational demands, rather than because of voluntary legal or informal separation, the resulting separation, even if prolonged, will not preclude naturalization under this part.

You can argue that your living apart is involuntary because of "occupational demands" and that the need of having an income to support your family is a necessity of life and beyond your control. But of course, the burden of proof is with your wife and you.

I talked with a lawyer and she seemed to think it should be OK to apply after 3 year of my wife getting her LPR, even though there are periods of living apart during the three years.

Now, if you wife will stay in the US for two more years anyway, then maybe it's easier and simpler, possibly cheaper, for her to just wait two more years and then she'll be eligible to apply for naturalization regardless of her relationship with you.

But of course, if you want her to be naturalized under the accelerated three-year track (so that she can join you overseas without worry about losing her LPR status), then I'd suggest at least consult an immigration lawyer, possibly retain one for the application. I plan to do precisely that. The burden of proof is on you and your wife to show that you're living in a "marital union." You should consult an immigration lawyer on what they accept as proof. The lawyer I talked with said it should be possible without giving more details. I suppose I'd need to pay her more in order to get the details.

Anyway, I would love to hear about your experience if you go ahead with the three-year application.