Wife has to go home, will we loose her green card?

[Workitout7787 0]

Hello everyone. My wife and I are in a tight spot and I've spent some time on Google and can't find a good answer. I was born in the us. My wife is from Mexico and we got married 5 years ago with a K1 visa and We have 3 months left and then she can apply for citizen ship. 

4 months ago my wife needed to come back to Mexico because she was dealing with some very serious depression and needed to be with her family. She's better now but we are both worried going back to the US before we reach the 6 month limit could undo the progress she's made. Her health is way more important to us that the paperwork or citizen ship but if there is a way we obviously don't want to have to start over. 

 

All that said. December 20th will make 6 months that she's been outside the country.

I think it's possible we decide not to go back at all. But depending on how she's feeling over then next few weeks it's probable we take a 1-3 week vacation to the US. 

 

I do believe at some point before we reach the year mark we'll be able to move back to the us. But it's not a garrentee and she may need more time.

 

All that said I'm wondering what are our options. I know there probably aren't many but we're hoping there's a way to still apply for citizenship in a few months or at least not loose her green card but obviously her health has to come first. 

I'll take any and all advice and I know this was a bit of a long post and appreciate your time.

 

 

[Just Paul 4,595]

Returning to the US before the 6 months is the best option. However if is presumed that she abandoned be residency if the remains out for more than 1 year.

 

Her citizenship eligibility is also an issue if she can not meet the continuous residency test.

 

You have some options.

[Chancy 6,241]

*** Moved from AOS from K1 Visas forum to US Citizenship General Discussion -- OP's wife already completed AOS; considering application for citizenship. ***

 

[Mike E 11,740]

Being away for 181 days or more will reset the clock on her naturalization unless she gets a waive for her N-400.  While coming back on or before day 180 will avoid the technical reset, the N-400 case officer has discretion to declare a break in continuous residency.  
 

And regardless a pattern where she is spending more time outsidnrrhe USA than in might put her LPR status at risk.  

 

If she wants to preserve both our continuous residency and LPR status, coming back the USA now for and staying for at least 4 months would be a good idea.  

Edited November 1, 2021 by Mike E

[Workitout7787 0]

Thanks to all of yall. It's been hectic and I'm just getting back to check this. 

 

I know this isn't a great option but if right now we went to the us for just 2 weeks or so would that change anything in our favor? 

I'm just realizing that she was here  last December - January 18th. Not sure how there clock works 

Edited November 15, 2021 by Workitout7787

[Mike E 11,740]

On 11/1/2021 at 11:16 AM, Workitout7787 said:

 

4 months ago my wife needed to come back to Mexico

 

Quote

All that said. December 20th will make 6 months that she's been outside the country.

 

So the above two statements from your OP contradict the below:

 

2 hours ago, Workitout7787 said:

 

I'm just realizing that she was here  last December - January 18th. Not sure how there clock works 

So which is it? Has she been gone 5 months or 10 months?

 

If it was 10 months then my opinion is that she has no chance to naturalize now: her click has reset.   But feel free to come home now, stay and file to naturalize.  Maybe she will get lucky. 
 

If your goal is to preserve her green card status, then she should come home now and stay as long as she can before leaving again.  
 

I recommend hiring an immigration attorney. 

Edited November 15, 2021 by Mike E

[Workitout7787 0]

Sorry for the confusion. She was in Mexico from December to January 18th. Came home, and left again Jun 20th and has been in mexico since then.

[Mike E 11,740]

5 minutes ago, Workitout7787 said:

Sorry for the confusion. She was in Mexico from December to January 18th. Came home, and left again Jun 20th and has been in mexico since then.

Then to have any chance to naturalize without a reset (or getting an approved waiver of reset) she needs to return to the USA on or before 2021-12-17.  December 17 is the necessary date.  Given little physical presence she has had since z January 18, it might not be sufficient.  
 

She needs to come home now to increase her odds of a successful naturalization application.  

Edited November 15, 2021 by Mike E

[MrKo 60]

Have you looked up for "re-entry permit"? I do not have personal experience with it, but I've heard that you can apply for it if you plan to "maintain U.S. residence during long trips abroad (for up to 2 years)". That will NOT avert the resetting of her naturalization clock, but it will serve as a type of "registration" in the system that she does not yet want to abandon her residency while being outside the US. From what I know, your wife needs to be physically inside the US to apply for this document and go to the biometric appointment, after that (correct me if my information is wrong) she'll be allowed to leave even before she receives the decision. And of course, in their language, it is not guaranteed even with a "re-entry permit" that she'll be admitted back after leaving for a long period, it'll be up to the officer.

[Workitout7787 0]

I'm looking into the re entry permit right now.

Not sure did anyone here knows about the n470. But it would allow her to naturalize while living in Mexico.  I'd be able to qualify as a missionary working abroad. But so far I haven't found a good answer about if we could apply now or need to go back to the us for a little while first

[iwannaplay54 985]

On 11/17/2021 at 12:30 PM, Workitout7787 said:

I'm looking into the re entry permit right now.

Not sure did anyone here knows about the n470. But it would allow her to naturalize while living in Mexico.  I'd be able to qualify as a missionary working abroad. But so far I haven't found a good answer about if we could apply now or need to go back to the us for a little while first

She needs to be physically present in the US and stay there long enough to take biometrics