N-400 question regarding 5 month absence

[Bilat 0]

Greetings all. I have read through most of the 'literature' as have most of us here I'm sure, but always feel the need for more pairs of eyes, just in case I'm missing something. Any help is always much appreciated!!

So (and unfortunately I haven't updated my timeline at all, I promise to do so in the future as to possibly help others in the intense paranoia that is the immigration journey), this is the case -

I am the USC , married to my wife since 11/2011. She is an LPR since 9/2012. We applied for removal of the CR-1 Visa conditions two months ago and should hopefully get the 10yr GC in soon.

We have been residing and working together in CA since that time with only one 30 day absence from the US in this time. Due to certain family health issues back home, we are planning on taking an extended holiday (Europe) to spend a good lengthy Christmas/NYE with them. This decision is also in part because our contract for the house we have been renting is up and we don't want to renew it, as I have a job proposal for 2015 in a different area of the State.

In conclusion, we will be absent in Europe (together), from beginning of 10/2014 until the beginning 3/2015 (A little less than 5 months when figuring out exact arrival/departure dates).

I believe our window for the N-400 application opens in late 9/2015. She will have been an LPR for 3 years exactly, we will have been married for 4 years, I have been a USC for more almost 20 years and since our return to the US in 3/2015 she will have a total of 29 months presence (approx 870 days - these don't have to be continuous right?) in the US and finally we will be residing in the same state from 3/2015 to 9/2015 so as to fill in the 3 months pre-application requirement.

My question is : Are we alright with these 5 months of continuous absence, without maintaining a place that we rent here? I will maintain our common bank accounts, health insurance and file tax returns (which will also prove that she has no foreign income within that time - we're going based on savings). Between 3/2015 and 9/2015 upon our return, we might be staying at friends till we begin renting again (they will provide their address for USCIS contact during our absence -info pass said it would be ok btw!) so there is a possibility that we will not have a rental agreement to show when we apply for the N-400. However there will be tax returns, phone bills etc within that last period.

That is the situation pretty much, I hope I haven't missed something and that I made it as clear as possible.

As always, I humbly appreciate anyone's help! Hope my homework is accurate so far!

Edited September 5, 2014 by Bilat

[JimmyHou 611]

The five month absence in and of itself is not a problem, but the fact that you will have no address in the US might be a problem.

You have to list your addresses on the N400 form and you won't have a US address for that period. You'll have to explain to the interviewer (to his or her satisfaction) that your wife was still residing in the US during that time. If you maintained a US address, a trip under 6 months long would probably not even come up at the interview.

This should not be an insurmountable obstacle, but it could cause delays. You'll need to be ready with other proof that your wife did not attend to abandon her permanent residency (continued car payments, medical insurance, etc.)

[Bilat 0]

^ Thanks for replying! The only 'proof' I will have is medical insurance continued payments while we are absent and continuing to file with IRS (which will also show we made no money/work in Europe). Apart from that, we will be giving an address change for those 5 months, except that it will be a friend/employers address (employees at infopass told us that would be ok, at least for the purpose of mailing the 10yr GC).We have no ongoing car payments or mortgages (we would prefer to wait for that stuff once we are sure we can actually be here in the US). It would be impossible (and pointless) to maintain a house for this in between period (between jobs etc.) I was hoping the fact that we will return/start working again in March should prove that we have not abandoned residence. Thanks for the info!!