Living outside the petioneers home country

[aaron2020 11,651]

Isn't the point of your post that one of the conditions listed by Boiler (abandoning permanent resident status) is what you want to do? In determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year.

Strange. It does seem that condition will exist. But no worries, OP doesn't seem concern with it. CBP will probably feel the same way he does and ignore their own rules.

[dalidali 0]

All I see is a series of statements about what you are going to do.

Is discussions regarding obtaining a K-1 visa, immigration to the USA, marrying there, getting permanent status there, living there, abiding by the rules, and down the road, the green card holder traveling to international destinations for up to one year allowed here?

The administrator refered my questions to this sub forum with includes these very things.

Working and traveling during immigration.

Seems appropriate to me??

If not, I sincerely apologize to all reponders.

[Hypnos 6,578]

A green card is for someone who wishes to live in the US. If your future wife wouldn't be permanently living in the US then she would not be entitled to a green card.

This could be a problem when it came time to remove the conditions on her green card.

As a US citizen you can, of course, live and work wherever you please, and be in the US as much or as little as you like. Your wife, as an LPR, would not have this luxury. She could certainly visit other countries, but if she resides outside of the US more than inside over an extended period of time then CBP may believe that she has abandoned her residence, and may seek to revoke her green card in immigration court.

[bob.sansmal 14]

If I were in your position, my concern would be that if my wife and I spent most of our time outside the US, then USCIS might consider the application abandoned.

It sounds to me like each individual trip would be ok. And what you want to do might well be permitted.....but USCIS is (from what I can tell) also granted a lot of power to use their judgement to determine if you and your wife are "really" residing in the U.S. If you spend a significant part of your time here not being "here" then you risk some bureaucrat deciding that your wife is really residing in Mexico, not the U.S. The fact that she is residing with a U.S. citizen may not matter to them.

Where you spend most of your time during any given year would probably influence the outcome....and the more lop-sided the distribution of time spent the more weight to one outcome or another....so I would assume anyway.

I suspect that if you do this then the result may depend largely upon the whim of the person whose desk receives your paperwork. Best of luck to you - whatever you decide :-) and keep us posted as to what happens....

[Enigma23 68]

More specifics you may be overlooking:

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

And a few more explanations:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

Chapter 3: Continuous Residence

A. Continuous Residence Requirement

An applicant for naturalization under the general provision^[1] must have resided continuously in the United States after his or her LPR admission for at least five years prior to filing the naturalization application and up to the time of naturalization. An applicant must also establish that he or she has resided in the State or Service District having jurisdiction over the application for three months prior to filing.^[2]

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.”^[3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.

Certain classes of applicants may be eligible for a reduced period of continuous residence, for constructive continuous residence while outside the United States, or for an exemption from the continuous residence requirement altogether.^[4] These classes of applicants include certain military members and certain spouses of U.S. citizens.^[5]

The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. Each requirement must be satisfied (unless otherwise specified) in order for the applicant to be eligible for naturalization.^[6]

F. Documentation and Evidence

Mere possession of a Permanent Resident Card (PRC) for the period of time required for continuous residence does not in itself establish the applicant’s continuous residence for naturalization purposes. The applicant must demonstrate actual maintenance of his or her principal dwelling place, without regard to intent, in the United States through testimony and documentation.

For example, a “commuter alien” may have held and used a PRC^[30] for seven years, but would not be eligible for naturalization until he or she had actually taken up permanent residence in the United States and maintained such residence for the required statutory period.

USCIS will review all of the relevant records to determine whether the applicant has met the required period of continuous residence. The applicant's testimony will also be considered to determine whether the applicant met the required period of continuous residence.

Chapter 4: Physical Presence

A. Physical Presence Requirement

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.^[1]

Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization. The continuous residence^[2] and physical presence requirements are interrelated but each must be satisfied for naturalization.

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.^[3]

B. Documentation and Evidence

Mere possession of a PRC for the period of time required for physical presence does not in itself establish the applicant’s physical presence for naturalization purposes. The applicant must demonstrate actual physical presence in the United States through documentation. USCIS will review all of the relevant records to assist with the determination of whether the applicant has met the required period of physical presence. The applicant's testimony will also be considered in determining whether the applicant met the required period of physical presence.

That is all.

Edited June 30, 2014 by Enigma23