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Hi Everyone, I have a question about eligibility to apply for citizenship. I and my wife got greencard in October of 2010. In February of 2013, my mom got sick, so me and my wife (who was pregnant at that time) had to go to India to take care of her. I came back a month after that and she stayed back to see how she recovers. My mom, in next few months, was diagnosed by cancer (she is cured now) and my wife ended up staying for a total of 8 months and 10 days or so (and our child was born in India). During these 8 months, I visited India too for 5 months to take care of my mom's treatment (June - October).
Since then she has visited India twice for a period of three month each to accompany my parents. My question is following:
1) She does meet the requirement of 30 months / 5 years in July of 2015 (when we are eligible to apply for citizenship), however she has this gap of 8 months and a few 3 month breaks in India. She is not employed anywhere, but I have maintained my employment with the company for the last 10 year. Can a: Rebuttal presumption for staying more than 6 months be presented in her case or does she have to spend more time in US before we apply for citizenship? We have a property in US, her spouse (i.e. I, have maintained my employment throughout the period) and that she was pregnant and couldn't have traveled back and forth in an uncertain time.
2) Can we apply for citizenship separately? She got GC through me in EB2 category, does that mean we have to file for citizenship together too?
Any feedback will be helpful.
Thanks
sqs
Since then she has visited India twice for a period of three month each to accompany my parents. My question is following:
1) She does meet the requirement of 30 months / 5 years in July of 2015 (when we are eligible to apply for citizenship), however she has this gap of 8 months and a few 3 month breaks in India. She is not employed anywhere, but I have maintained my employment with the company for the last 10 year. Can a: Rebuttal presumption for staying more than 6 months be presented in her case or does she have to spend more time in US before we apply for citizenship? We have a property in US, her spouse (i.e. I, have maintained my employment throughout the period) and that she was pregnant and couldn't have traveled back and forth in an uncertain time.
2) Can we apply for citizenship separately? She got GC through me in EB2 category, does that mean we have to file for citizenship together too?
Any feedback will be helpful.
Thanks
sqs
