How long can my wife travel outside the U.S.?

[jagsfl 14]

Thank you all for your responses. I completely understand now the ins and outs of this! 

 

And ROK2USA, I completely agree with you. It's best to just go back and get the I-131 finished so we don't have to worry about how long we would be out.

 

Question, does getting an I-131 and being out of country for more than a year out of a year prolong the time it takes for the spouse to get citizenship?

 

Thanks!

 

On 6/17/2022 at 7:43 AM, ROK2USA said:

You're getting conflicting answers because there are no hard and fast rules. When your wife re-enters the US how she is treated depends on the CBP officer she meets.

I have a couple of USC friend's who've been questioned by CBP quite aggressively after re-entering the US after a long absence (but nothing else happens as they're US citizens). 

 

If you have no set plans, what's the harm in returning to the US and applying for the I-131? You never know what the future brings.. you could be traveling and decide for whatever reason you want to stay outside the US for over a year. This takes the guess work out of your travels and you won't be (potentially) risking your wife's green card. 

 

What's sounds more stressful? Flying back to the US now or dealing with coercion to file I-407/ a notice to appear when you finally decide to return to the US. 

Your choice. 

 

[milimelo 4,291]

2 hours ago, jagsfl said:

 

Question, does getting an I-131 and being out of country for more than a year out of a year prolong the time it takes for the spouse to get citizenship?

 

Thanks!

 

 

Yes, it does. Look up the guide for naturalization on USCIS.gov. 

[Mike E 11,730]

7 hours ago, jagsfl said:

Question, does getting an I-131 and being out of country for more than a year out of a year prolong the time it takes for the spouse to get citizenship?

Out for 181-364 days: likely breaks continuous residency for purposes of naturalization. There have been success stories.  
 

Out for 365 days: almost certainly breaks continuous residency for purposes of naturalization.

 

When continuous residency is broken, then if applying under the

 

* 3 year rule the LPR must wait until 3 years less 180 days to file N-400. 

 

* 5 year rule the LPR must wait until 5 years less 180 days to file N-400. 
 

Filing I-131 doesn’t change this.  

Edited June 19, 2022 by Mike E