Just double checking residency requirement

[bufalo 0]

Just want to make sure I got this right. I was born in the US, a citizen, my wife, colombian. we've been married for over 4 years now and have never been in the states for more than 5 months straight. we have always stopped in at least once a years since marraige. she has her permanent residency since we got married. We have a daughter together that has both citizenships.

We plan on moving to the states in January, mostly to take care of all this nonsense. So from what I gather, in order for her to become a citizen there, we have to live there for 3 consecutive years before she can apply for citizenship. After that we're good to go, correct?

Thanks for your time, and like I said, just checking

[YuAndDan 153]

3 consecutive years with a total of 18 months or more in the states with no absences from the USA more than 6 months at at time.

A good read on this subject: http://www.uscis.gov/files/article/M-476.pdf

[warlord 73]

The big issue is residing in the US which she clearly has not. Visiting the US does not count and INS might consider her absence as an abandonment of the Green Card. You need to be very careful with these types of cases where you clearly jeapordize the Green Card by over staying outside of the conditions.

If you were able to convince the INS you did not abandon the GC, then you would have to move back and then remain in the US with no trip being longer then 6 months and still maintaing residency status.

You're case saying she hasn't lived in the US much at all is a red flag and people have gotten into problems and placed into deportation for such things. You might want to talk to some professionals before embarking on the N-400 in the future...

[diadromous mermaid 36]

You're case saying she hasn't lived in the US much at all is a red flag and people have gotten into problems and placed into deportation for such things.

Really? Deportation? Are you sure?

[bufalo 0]

I imagine, deportation can come into play, but just in serious cases. We've only been asked why we were outside the country so long on one ocasion and it didn't seem to be a big deal. She never went over the year limit. When we go back now, it's to stay until she gets her citizenship, which "should" be three years.

She'd actually go for the tourist visa, which would be easiest for us. But being from Colombia, GOOD LUCK on that happening. Being married to a US citizen means jack as far as a tourist visa is concerned.

So she could move to the US and leech off of the system like all those people complain about as far as immigrants are concerned..... BUT they won't let her spend a vacation there which would involve spending money... what a government, huh?

I understand that Colombia has had major problems with overstays on tourist visas, but now it's just a lottery. The embassy just picks people at random it seems (also having known someone who worked there). The whole situation is pathetic. We don't even want to live in the US, but have to to fix this stuff up.

[warlord 73]

The thing is there is no year limit it's a 6 month limit. You can preserve the green card by applying for a Re-Entry Permit before hand however, so that can help. Unfortunatly if you do apply down the road (3 years after actual residency in the US), there's always that chance that they could have issues with it, there's also the chance they won't. So it's hard to tell, but nothing unfortuatly is ever done exactly the same way.

There are many people though that did live out of the US and haven't had a problem applying after finally getting their residency as long as their last several years were in the US. Though they will ask on the N-400 and in the interview how many days have you been out since you have gotten your PR and so it will come out. Just not sure how much stricter they will become in the future or not with it. So hard to say...

[Feliz 0]

if you have 3 years of which she lived in US for 5 months (that is 15 months, you can apply when you have within 90days of 18th months)

AND she filed taxed (preferably joint with you) every year of her residence

AND her greencard's issue date was 3 yeard ago

then IN MY NON-LAWYER OPINION you need to gather SOLID evidence of her residence and apply

solid - is

1) TAXES - obligate

2) proof that she had stable permanent home to return from long trips to (lease, morgage, affidavit-letter from relatives)

3) proof that she had financial accounts - creditcard, car loan, cellphone in US for all 3 years

4) other documents - in my case (17 month out) i will use career plans connected to US showing no intent to abandon

but forums are just forums, if you can afford immigration lawyer's advice - don't hesitate and go.