Confusion about when wife can apply for Citizenship after I751/CR removal and Returning Resident Visa

[jeff27 2]

Hey Visajourney team,

We are a bit confused about when my wife can apply for citizenship.  

- I'm a USC, she received her Green Card on 8/3/19 (and expires 8/3/21)

- Due to the pandemic and surgery, she was out of the US for more than 1 year and was approved for Returning Resident Visa

- We came back into the US on 6/15/21

- We applied for I751/CR removal and NOA was received 7/23/21

 

Question: Exactly when can we apply for Citizenship N-400 - a) AFTER 2years and 9 month (AFTER returning from to the US on 6/15/21)

or b) 2 years 9 months After she received her Green Card 8/3/19 (even though she was Out of the US for more than 12 months)

or c) is it actually only After 2 years 1 day after either return to the US or receipt of GC?

 

Thanks

Jeff

[Pinkrlion 2,724]

She does not qualify under 3 year married rule as she does not have 30 months of continued US residency and/or she has been out of the US for more than one year.  After I-751 is approved and she has had continued residency then use Naturalization Worksheet to determine eligibility.  

[arken 4,197]

It's from the trip return date 6/25/21

Two choices:

1. 2 years and 1 day after 6/25/21: she needs to provide evidences that she was maintaining the continuous residency during that trip.
 

2. 2 years and 6 months after 6/25/21: she doesn't need to provide evidences of continuous residency during that trip.

[arken 4,197]

5 minutes ago, Pinkrlion said:

She does not qualify under 3 year married rule as she does not have 30 months of continued US residency and/or she has been out of the US for more than one year.   

 

There is no such rule.