Starting Naturalization for my wife (COVID delay)

[Cyrill 1]

Greetings!

 

I would like to initiate my wife's Naturalization process in September, when she will have accumulated a cumulative 2.5 years of in-country stays over the last five years. There were two times that she stayed outside the US for more than 180 days since she received her GC in 2016.

 

1. 2020 during Covid (Nov 2019 - Sep 2020). We flew back to the US in about a month and a half after the transatlantic traffic was restored. (However, this segment falls before the "previous five years")

2. When her mother was fighting cancer (Nov 21 - Aug 22). She flew to the US within a month of her mother's passing.

 

Main question: Is this a deal breaker, or would Immigration accept explanations like her mother's cancer?

 

TIA

[Lil bear 4,521]

1 hour ago, Cyrill said:

Greetings!

 

I would like to initiate my wife's Naturalization process in September, when she will have accumulated a cumulative 2.5 years of in-country stays over the last five years. There were two times that she stayed outside the US for more than 180 days since she received her GC in 2016.

 

1. 2020 during Covid (Nov 2019 - Sep 2020). We flew back to the US in about a month and a half after the transatlantic traffic was restored. (However, this segment falls before the "previous five years")

2. When her mother was fighting cancer (Nov 21 - Aug 22). She flew to the US within a month of her mother's passing.

 

Main question: Is this a deal breaker, or would Immigration accept explanations like her mother's cancer?

 

TIA

All this out outlined on the website 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

She should submit documents that show she maintained her residency despite the >6 months out of the country 

[Cyrill 1]

Thank you! All that time, she was an employee of our single-member LLC involved in the interpretation and tour guide business.  She has W-2s for every year since 2026. Will those work?

[OldUser 9,930]

Alternatively, wait for 3 years to apply for N-400 since the last trip lasting over 6 months. That is, of course, if applying based on marriage to US citizen.

[Cyrill 1]

Thank you again. Do I understand correctly that even the COVID-19 delay and the delay caused by attending to her mother's dying are not considered by INS as a reasonable cause for breaking the continuous residence? This should not be an isolated situation. Is there any track record of situations like that?

[OldUser 9,930]

1 minute ago, Cyrill said:

Thank you again. Do I understand correctly that even the COVID-19 delay and the delay caused by attending to her mother's dying are not considered by INS as a reasonable cause for breaking the continuous residence? This should not be an isolated situation. Is there any track record of situations like that?

A) What rule is she applying under? 3 or 5?

B) Did she maintain ties to the US (such as keeping lease, job, property in the US)?

 

[Cyrill 1]

a) She will be applying based on the 5-year rule. She has been LPR since 2016. She is married to a US citizen.

 

B) She has been employed by our single-member US-based LLC. I have W-2s for every year since 2016. She is a co-leasee of our car.  (since 22) She has personal bank and CC accounts in the US.

 

C) The last 6> mo absence was in 22 when she attended to her mother, who was dying from cancer. We have all the medical paperwork here. I just need to translate it. We returned to the US three weeks after her mother's passing.

 

Maybe we should wait another 2 years. But will we have to explain all absences regardless? Or only the previous 5 years matter?

[OldUser 9,930]

1) She could apply based on marriage to US citizen, as long as you were a citizen the 3 years, she was married to you for 3 years and you lived together for 3 years. Move evidence needed for this type of filing, but then her 6+ months trip will be outside of 3 years lookback

2) She could apply 4 years and 1 day since returning from that 6 months trip under 5 year rule

There's special rule about that:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

3) She could wait until 5 years anniversary of coming back from last 6 months trip, then she wouldn't have to list it

4) She can apply whenever eligible even with 6 months trip and try to argue she maintained residence. It's not about why she left, but what all ties to the US she maintained. Lease or mortgage would have been a strong indication.

 

Edited July 9 by OldUser

[Dashinka 25,868]

1 hour ago, Cyrill said:

a) She will be applying based on the 5-year rule. She has been LPR since 2016. She is married to a US citizen.

 

B) She has been employed by our single-member US-based LLC. I have W-2s for every year since 2016. She is a co-leasee of our car.  (since 22) She has personal bank and CC accounts in the US.

 

C) The last 6> mo absence was in 22 when she attended to her mother, who was dying from cancer. We have all the medical paperwork here. I just need to translate it. We returned to the US three weeks after her mother's passing.

 

Maybe we should wait another 2 years. But will we have to explain all absences regardless? Or only the previous 5 years matter?

Up to you, but it appears she will meet the requirements to file now under the 5 yr rule.  It appears you have sufficient evidence to show she maintained ties during the last trip lasting more than six months.

 

Good Luck!

[Cyrill 1]

Thank you, OldUser and Dashinka!

 

1) We have been married for 10 years. Does the 3-year rule apply? I was under the impression it was not.

 

2-3) Thank you for the insight!

 

4) Unfortunately, she is not on my mortgage since it preceded the marriage. And the car co-lease was set in 2023, my mistake. Does its current existence still help, even if her 6>-month absence preceded it? Since 2022

 

Another question: her GC expires in 11 months, should we file I-90 to have it replaced, even if we file I-400 this September? (assuming we do)

 

[OldUser 9,930]

22 minutes ago, Cyrill said:

Thank you, OldUser and Dashinka!

 

1) We have been married for 10 years. Does the 3-year rule apply? I was under the impression it was not.

 

You can choose it if you want

[OldUser 9,930]

23 minutes ago, Cyrill said:

Another question: her GC expires in 11 months, should we file I-90 to have it replaced, even if we file I-400 this September? (assuming we do)

 

No need to. She'll get 24 months extension letter after filing N-400

[Dashinka 25,868]

1 hour ago, Cyrill said:

Thank you, OldUser and Dashinka!

 

1) We have been married for 10 years. Does the 3-year rule apply? I was under the impression it was not.

 

2-3) Thank you for the insight!

 

4) Unfortunately, she is not on my mortgage since it preceded the marriage. And the car co-lease was set in 2023, my mistake. Does its current existence still help, even if her 6>-month absence preceded it? Since 2022

 

Another question: her GC expires in 11 months, should we file I-90 to have it replaced, even if we file I-400 this September? (assuming we do)

 

I would apply under the 5 year rule.  I believe when filing under that rule all she has to do is provide copies of her current marriage certificate, and any documents showing any previous marriages were ended properly.  You should not need the type of evidence showing a valid marriage like you would under the 3 yr rule, but of course an IO could ask about it, so you should have it in the proverbial back pocket.  Personally, I would think that being married 9-10 years would be enough evidence.

 

Good Luck!