Continuous residence question

[Kevo 69]

Not sure when my wife will be eligible to apply for citizenship. Just started digging into it today so haven't done much research on it yet, but figured I'd see what posters here think.

Here's the situation:

Wife became perm resident in Oct 2013. I'm active duty military and deployed for a little over 6 months in 2014, during which time my wife/daughter went to stay with her family in the Philippines for approx. 6.5 months.

So that is a break in continuous residence.

Read on the USCIS site about eligibility (for citizenship) after a break and it says "An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence."

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html#footnote-17

My wife returned to the US Aug 2014, so she would have to wait 2 years and 1 day from Aug 2014 to start the 3 year perm residence requirement?

[JimmyHou 611]

Not sure when my wife will be eligible to apply for citizenship. Just started digging into it today so haven't done much research on it yet, but figured I'd see what posters here think.

Here's the situation:

Wife became perm resident in Oct 2013. I'm active duty military and deployed for a little over 6 months in 2014, during which time my wife/daughter went to stay with her family in the Philippines for approx. 6.5 months.

So that is a break in continuous residence.

Read on the USCIS site about eligibility (for citizenship) after a break and it says "An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence."

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html#footnote-17

My wife returned to the US Aug 2014, so she would have to wait 2 years and 1 day from Aug 2014 to start the 3 year perm residence requirement?

First of all, she didn't necessarily break continuous residency if she can show some ties to the U.S. during that 6.5 month trip. She may also be given some leeway because of your deployment. Many people have been out of the U.S. For over 6 months and not deemed to have broken continuous residence.

Secondly, the 2 years + 1 day rule is for applicants who lived in the U.S. as permanent residents and then broke continuous residence. Under this rule, they get credit for a year of their time abroad and can apply 2 years and a day after they return. If they don't meet the requirements for this rule, they'd have to apply 3 years after they return. They do NOT wait 2 years then start the 3 year wait.

This is explained here:

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

This is also useful (from the same page):

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]

Edited March 10, 2016 by JimmyHou

[Logan5 1]

Exactly. She probably did not abandon her permanent residency. Given that you were deployed I assume, you still had a home in the US, paid rent, taxes, insurance, etc. If those run under her name, too, she should be ok. Especially if she produces something that shows she always intended to come back (once you are back from your deployment), such as return ticket, other responsibilities at home, like insurance etc.

[Kevo 69]

Exactly. She probably did not abandon her permanent residency. Given that you were deployed I assume, you still had a home in the US, paid rent, taxes, insurance, etc. If those run under her name, too, she should be ok. Especially if she produces something that shows she always intended to come back (once you are back from your deployment), such as return ticket, other responsibilities at home, like insurance etc.

Nope, we put everything into storage. No rent or bills for that 6.5 months (besides the storage garage). No return ticket either as I didn't have a firm return date until about a week before I returned.

I can produce my deployment orders with dates I was gone and how close those dates are to her departure/return. That's about it.

[Tom_Jim 40]

I went to Manila and stayed there for close to 11 months while I was an LPR on a one-way ticket. I had no bills (except a cellphone bill). I was still able to naturalize, and they never even brought up extended trip outside. I think you will be OK.

[Logan5 1]

I think a receipt from the storage would do. it proves that you had your stuff there and always intended to come back! did you pay any taxes that year?

[charlie471963 3]

my wife just received her permanent residence approval can she now put in for her n400 or will she have to wait

[Kevo 69]

I think a receipt from the storage would do. it proves that you had your stuff there and always intended to come back! did you pay any taxes that year?

Yes, we have filed joint tax returns since 2013.

Thanks for all the advice, we talked about it today and we'll go ahead and file in Aug this year. I'll make sure to include a copy of the storage bill, my deployment orders, and a detailed explanation of her absence.