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My husband will be eligible to file for citizenship next month.I am currently on H1B and my husband had got his greencard before marriage. So assuming he applies for adjustment of status to get my greencard based on his citizenship or through family based I130 which is already approved, i want to know that in order to maintain my Greencard later will be eligible for 1 year or 2 year re-entry permit as i will have to wait for only 3 years to get my citizenship since i would then be a spouse of US citizen. I understand that we can apply for even 2 yrs reentry permit while manintaing 5 yrs greencard before getting citizenship. But for 3 yrs wait time on Greencard status can we still apply for 2 yrs re-entry permit?
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After becoming a resident you can apply for the 2 year re-entry permit and still be eligible to apply for citizenship as a spouse of a US citizen after three years have passed since receiving your residency.
Note however that if you actually stay outside of the US for extended periods of time you may be denied for physical presence and/or continuity of residence issues. The re-entry permit does not protect against that.
If you plan to remain outside of the US for 1 year or more because your husband is employed abroad by a US company you may be eligible to apply for citizenship immediately under Section 319(b). Talk to an Information Officer for more information about that.
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