I-751 Part 1, Question 22 (Have you resided at any other address?) - extended time outside the U.S.

[JKLSemicolon 411]

Hi all,

 

We are getting ready to file for removal of conditions and I would like others' opinions on the best way to answer Part 2, Question 22 on Form I-751.

 

The question reads:

 

Quote

 

22. Have you resided at any other address since you became a permanent resident?

 

If you answered “Yes” to Item Number 22., provide a list of all addresses where you have resided since becoming a permanent resident and the dates you resided at those locations in the space provided in Part 11. Additional Information.

 

 

My wife got her conditional permanent residency in September 2021. However, during the past two years she has spent a significant amount of time in her home country due to a complicated situation that was only finally resolved last month (July 2023). The situation had to do with being able to leave her former employer (a university) without them clawing back a large sum of money that was given in financial aid during an arrangement made years earlier. We of course did not anticipate this taking as long as it did, otherwise we might have opted to let the case sit at NVC for longer during the spousal visa process.

 

So for much of the time since she became a permanent resident, she was still working in Ecuador and returning to the U.S. as frequently as possible until coming back full-time in July. Throughout, she has maintained significant ties to the U.S. including being on our shared lease, shared insurance plans, shared bank and credit card accounts, joint tax returns, etc. 

 

Given all this, my inclination in answering the question above is to say "Yes", list the family address in Ecuador in the Additional Information section along with a brief explanation, and find ways in the rest of the package to put this into greater context. That could be through a cover letter, timeline, and perhaps even relevant translated documents/correspondence related to the employer situation.

 

From this group I am trying to get a sense of whether this sounds like a good approach and how much of this information is truly relevant for USCIS. We have been together for 13 years now and I don't doubt our ability to demonstrate that this is a bona fide marriage, but at the same time these circumstances are different from a lot of cases out there and I want to be able to present them in an appropriate way.

 

 

[OldUser 6,633]

Has any of her trips lasted longer than 6 months?

 

It's a tricky question to answer, but I guess it should be answered "yes" if she spent majority of her time in Ecuador. 

[Mike E 11,739]

30 minutes ago, JKLSemicolon said:

So for much of the time since she became a permanent resident, she was still working in Ecuador and returning to the U.S. as frequently as possible

How many days was her longest absence?

[JKLSemicolon 411]

1 hour ago, Mike E said:

How many days was her longest absence?

About 7 months.

[Mike E 11,739]

16 minutes ago, JKLSemicolon said:

About 7 months.

Then the answer is clearly yes

[OldUser 6,633]

31 minutes ago, JKLSemicolon said:

About 7 months.

Make sure consider this when she's applying for citizenship. One can argue her "residency clock got reset" after 6 months of absense and she should count eligibility (3 or 5 years) starting the day she was back in the US after that trip.

Edited August 20, 2023 by OldUser

[JKLSemicolon 411]

8 minutes ago, OldUser said:

Make sure consider this when she's applying for citizenship. One can argue her "residency clock got reset" after 6 months of absense and she should count eligibility (3 or 5 years) starting the day she was back in the US after that trip.

 

Thanks. For our purposes right now we are planning to count 3 years from last month when considering citizenship to avoid any grey areas.

[Bavarian91 59]

12 hours ago, JKLSemicolon said:

 

Thanks. For our purposes right now we are planning to count 3 years from last month when considering citizenship to avoid any grey areas.

 

I might even seek legal advise before filing. 

They can be quite strict about the time spent abroad in some cases... but yes clearly mention it in your filing documents for the I-751

[JKLSemicolon 411]

3 hours ago, Bavarian91 said:

 

I might even seek legal advise before filing. 

They can be quite strict about the time spent abroad in some cases... but yes clearly mention it in your filing documents for the I-751

Can you elaborate on what you see as the part requiring legal advice?

 

I have read the USCIS chapter related to continuous residence as it relates to naturalization (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3) and, as mentioned, we will take that into account when the time comes.

 

As far as conditional permanent residence, the USCIS policy manual (https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-5) states:

 

In order for USCIS to approve the petition to remove conditions, the CPR must establish that:

• The marriage upon which the CPR admitted to the United States was valid;

• The marriage has not been terminated; and

• The marriage was not entered into for purposes of evading the immigration laws of the United States

None of those points explicitly has to do with the question of time spent outside of the country, although if anyone has another reference to look through I will gladly do it.

[Mike E 11,739]

The potential issue will be that she was not living with you while she was a conditional LPR.

[Bavarian91 59]

3 hours ago, Mike E said:

The potential issue will be that she was not living with you while she was a conditional LPR.

That's exactly what I would worry about - as your 751 is meant to proof that you are in a legit marriage after 2 years - If the person seeking immigration is out of the country for so long it sure raises eyebrows. 

I rather invest in some professional advise before going into a year long battle with USCIS. But thats just me and I'm not a legal expert either.

[Crazy Cat 41,836]

3 minutes ago, Bavarian91 said:

If the person seeking immigration is out of the country for so long it sure raises eyebrows. 

and working outside the US adds credence to an assumption that the foreign spouse is actually living outside the US.