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  • Citizenship query

    I?ve been in the USA for 3 years now on green card, with my wife and child. In short, my wife and child are looking at spending the next year (potentially more) overseas. I am Working here, hence we need to be separated for a time.
    Can I apply For citizenship after my 5 year period, or will my wife?s exit impact my citizenship? ( she has intentions on re-entry permits).
    It?s complicated.... but we are definitely together still. Work begets change.

  • #2
    Originally posted by Kotra View Post
    I?ve been in the USA for 3 years now on green card, with my wife and child. In short, my wife and child are looking at spending the next year (potentially more) overseas. I am Working here, hence we need to be separated for a time.
    Can I apply For citizenship after my 5 year period, or will my wife?s exit impact my citizenship? ( she has intentions on re-entry permits).
    It?s complicated.... but we are definitely together still. Work begets change.
    Her location won't affect your naturalization

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Her location won't affect your naturalization
      Just keep good records just in case she wants to be a U.S. citizen someday. Keep rental and/or homeowner documents, utility bills in both your names, etc. The USCIS scrutinizes "vacations" longer than 6 months. If there is a break in the continuous residency rule, no citizenship until the long trip is stricken from the 5 year record.

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      • #4
        Can Husband and wife get naturalized at different times

        Originally posted by suziq38 View Post
        Just keep good records just in case she wants to be a U.S. citizen someday. Keep rental and/or homeowner documents, utility bills in both your names, etc. The USCIS scrutinizes "vacations" longer than 6 months. If there is a break in the continuous residency rule, no citizenship until the long trip is stricken from the 5 year record.

        Thanks for the help here.
        We will keep our house etc. in the USA as I?ll be living in it. My wife will be back in Australia relocating our business.

        Hence, if If my wife has broken her ?5 year rule?,(living outside the USA for 18 months straight) this will won?t effect my citizenship (should I fulfill my 5 year rule). If I proceed to get Naturalized, then she can do the same when her ?5 years? is complete (a few years later-with re- entry permit help).

        Much thanks again for all your advice.

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        • #5
          Originally posted by Kotra View Post
          Thanks for the help here.
          We will keep our house etc. in the USA as I?ll be living in it. My wife will be back in Australia relocating our business.

          Hence, if If my wife has broken her ?5 year rule?,(living outside the USA for 18 months straight) this will won?t effect my citizenship (should I fulfill my 5 year rule). If I proceed to get Naturalized, then she can do the same when her ?5 years? is complete (a few years later-with re- entry permit help).

          Much thanks again for all your advice.
          Good. Where she lives does not effect your citizenship. She can do the same as long as she does not exceed the 6 month rule. If she does, they may or may not deny her citizenship, depending on the reason. They scrutinize applicants who were out of the U.S. for more than 6 months. Also, if she spent more months out of the country than living in the U.S., they may say "no" to her citizenship. This is understandable. They want people who want to live here more than abroad. Why get the citizenship if you are not going to live here? I have a student who decided that he could not apply yet because he had been out of the country more than in.

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