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ayra

Specific Case for GC Holder Physical Days in the US ?

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Dear Friends,

First of all thank you very much to spend your time to read my post. I have a little bit complicated case and would like to hear your valuable advices. So, here is the story for our case.

My wife (GC holder thru marriage) got her conditional GC on August 10, 2010. I'a a USC and got a job offer for a multinational company overseas. We have applied for a travel document for my wife. We have requested the travel document (I -131) has to be the sent to the US Embassy where we located. She got her travel document but it was only for 1 year long. Travel document was expering at the same time her GC expires :) So, anyway my wife went back to the states and applied for I-751 (remove conditions on her GC). The process still goes on and we are waiting.

-> August 10, 2010 Wife has received the GC

-> October 2, 2010 1 month trip to Europe

-> October 10,2010 Applied for I-131 travel document

-> Jan 28, 2011 moved to overseas

-> June 15, 2011 Travel document was arrived to the US Embassy overseas location

-> June 14, 2012 Wife went to US to apply for I-751

-> August 15 2012 -> Came back to overseas

-> Jan 15 2013 -> Went to US again for couple of weeks and left US again

-> April 28, 2013 -> Going back for another 3 -4 monhts

So, here is the timeline for our case. Please do not critize and remind that she should stay in the US. Yes, we already know but due to the circumstances we been thru, she would like to be right next to me and provide support. According to our best knowledge, she did not break the 6 month rule.

Our questions are :

a) If all goes good and she gets her 10 year GC, before to apply for the N-400, can we count her stay in the stay during the term August 2010 till Jan 2011 even we get a travel book ?

I have read couple comments saying once you get a travel book, your previous stay in the US does not count towards citizenship.

b) We have ties still in the US, bank accounts - permanent address - driver licence etc. If she does not stay overseas over 6 months and try to stay in the US half of the year , do you believe it can create any issue during the citizenship process ?

Your feedback is appreciated. As a USC I am pursuing my dream career but at the same time, I would like my wife not to miss her opportunity become a US citizen. We are open to hear your suggestions how to handle this specific case.

Edited by ayra
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Filed: Lift. Cond. (apr) Country: China
Timeline

Does not seem to me you live in US or are accumulating time to count for a continuance of a green card or USC. I would see an attorney. You may have to work out of country but she need to be in the US if your goal is USC for her.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

I just need to learn if days in the US can be countable before the travel book or once you get a travel book, the 18 month residency clock goes back to 0 ?

I just need to learn if days in the US can be countable before the travel book or once you get a travel book, the 18 month residency clock goes back to 0 ?

By travel book, i guess you're referring to Travel Document/Reentry permit? Eitherway, you need to know the difference between continuous residence and physical presence. Her continuous residence will reset if she leaves for more than a year. But the issue isn't only about number of days, it's about the big picture. A greencard isn't simply an entry visa or a status in the US, it's also about the "intent".

Looking at the dates you gave me, your wife was out of the country from Jan 28, 2011 to June 14, 2012. That's almost 1.5 years -> Continuous residency clock reset.

"(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § <a class="Jump" href="http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html#0-0-0-19531" style="font-family: Arial, sans-serif; font-weight: bold; color: rgb(0, 128, 0);">316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)"

Overall your wife may seem to the immigration officer, at the time of N400 interview, like a visitor to the US as opposed to a resident. But assuming a residence is established and whatnot, the earlist your wife can apply for citizenship, (assuming she fulfilled the 18-months physical presence and all other requirements) will be 2 years and 1 day from June 14th, 2012, i.e June 15th, 2014.

I won't even ask about your taxes, since you have more basic N-400 requirements to focus on.

Edited by Okalian

Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

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