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Showing results for tags 'continuous residency'.
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Thanks in advance to any and all - we have run across so much conflicting information. I am a US citizen, married to foreign spouse, who was approved for her marriage-based CR1/green card in January 2019. Shortly after returning to the US that same month, I was sent abroad for work by my US-based employer, and my spouse came with me. We left the US soon after she was approved (the actual green card took 6 more months to process and arrive in the mail in the US). I've been extended abroad until later this year. If she continues to stay with me, that will represent for her nearly 10 continuous months outside of the US since being approved for permanent residency in January, by the time we return to the US later this year. a) We're trying to confirm that she will be ok upon returning. We have documentation of my work assignment abroad from my employer (proving a temporary assignment and planned return to the US), many photos living together throughout the duration, permanent address in the US with bank/financial documentation. We filed taxes jointly for 2018, though as her permanent residency was approved in Jan 19, this was as a nonresident alien. I am employed by a US company and paid in the US. b) We understand it's better for her to have the actual green card upon return, instead of her passport with validated visa and paperwork (we left the US while the GC was in the mail). I will have it delivered by a family member. c) Understand that these 10 months may delay the clock for her naturalization requirement of continuous residency in the future as she tries to become a citizen, which is ok. Brandon
Hi, I’m looking for some help here -:) Here is my situation: Married to a US citizen since 2006 in Houston, Tx. My 10 year green card will expire in 2020. We were living in China from 2007 to 2012, in Australia from 2012 to Dec 2016 due to my husband’s job. He was working for a US company during that time. Yes, i could have applied for naturalization while we were abroad based on 319b, but missed that opportunity. -:(. We moved back to Houston early Dec of 2016 and sent out my naturalization application on Feb 17, 2017. Since i did not find any information of continuous residency for living overseas with US citizen spouse who worked abroad then moved back to the States.... i just thought the time we spent overseas with my US citizen spouses could count toward the residency since we were qualified for the application under 319b. I had my naturalization interview this May during which i was told that the time i spent in the States might not be long enough for the qualification.. and i was told that they’d send me the decision. I have not received their decision yet as of today. I know i have little chance to get the positive answer from USCIS as i was told by the officer that my residency would start from the day we moved back to the states. My questions are: 1. from when i can apply for naturalization again? I have taken a few trips abroad since last Jan as my father-in-law passed away in mid Jan 2017 and my mother-in-law decided to live in Thailand after one month trip to Houston last April. My inlaws are US citizens they moved back to Thailand for their retirement. 2. If We fly back to US in the following months, did I break the continuous residency ( let’s count my residency from Dec 2016)? And can we use the 2 year and 1 day rule which means i would be eligible to apply from Dec 2018 if we could use the rule? Here are my trips: 1, we moved back to Houston on Dec 7, 2016. 2. Trip to thailand: Jan 13 - Feb 3, 2017 3. Trip to Thailand & China: April 20 - May 31, 2017 4. Trip to Thailand & China: Jan 1 - May 23, 2018 5. Trip to Mexico: June 7 - 10, 2018 6. Trip to Thailand: June 19 - now Our Thailand trips are for caring for my mother-in-law who’s 83 yr old and with limited mobility. We hope to find a long term solution for my mother-in-law then permanently back to US. Thanks so much Kristin
Hey everyone, Does anyone know if working in Canada for couple months break continuous residency requirements? I used to live in Canada till May 2015. In may 2015 I went through POE to endorse my CR1 visa and came back to Canada for about 7 weeks before permanently moving to USA in July 2015. I continued my Canadian Job during that 7 weeks, and reported my 2015 Canadian income as foreign income on my US 2015 taxes. My green card says resident since May 2015 and I filed both my US and Canadian taxes as a US resident since May 2015. Since I am married to US citizen, am I eligible to apply in Feb 2018 with 3 years-90 days rule? Or does working in Canada for 7 weeks after my POE break my continuous residency?