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Brief details:
I'm a US citizen, married my non-citizen wife June 2004, she received green card 3/28/05. Just a couple small trips outside the US since then, so after April 2008 she was definitely eligible for citizenship according to the 3-year rule.
Problem is, in July I accepted a 3-year contract job in Shanghai at a chinese university (not a US employer), intending to return after the contract is completed. On Aug. 1, knowing we will leave our apartment (Irvine, CA), my wife changed her USCIS address (according to their procedures) to my parents (Santa Maria, CA), same state but different field office. On Aug. 16 we both left the US with our son (a citizen) for Shanghai and have found an apartment here.
Now she wants to apply for citizenship (I know, should have done it earlier), so we figure she and our son can go back to the US and stay with my parents to do this. But we have several questions if this will work.
1. Does she need to wait 90 days after returning to CA to submit the application?
2. We know she can leave the US while the application is pending, but will long visits in China (but less than 6 months) and short times in CA make the case questionable (with respect to continuous residence)?
3. If she stays in the US for most of the time, to be safe, could she be disqualified for not being with her spouse?
4. Assuming we go with a kind of "half here, half there" strategy regarding her time with me and in the US while her application is pending, what kinds of documents should we prepare to prove she deserves citizenship? (i.e., has the intent to stay in the US, maintained residence there, has a good relationship with me, etc.).
5. What address should we put for me (the spouse) in Section 8 - my chinese one?
I know this is a lot to ask, so thanks in advance for any help.
I'm a US citizen, married my non-citizen wife June 2004, she received green card 3/28/05. Just a couple small trips outside the US since then, so after April 2008 she was definitely eligible for citizenship according to the 3-year rule.
Problem is, in July I accepted a 3-year contract job in Shanghai at a chinese university (not a US employer), intending to return after the contract is completed. On Aug. 1, knowing we will leave our apartment (Irvine, CA), my wife changed her USCIS address (according to their procedures) to my parents (Santa Maria, CA), same state but different field office. On Aug. 16 we both left the US with our son (a citizen) for Shanghai and have found an apartment here.
Now she wants to apply for citizenship (I know, should have done it earlier), so we figure she and our son can go back to the US and stay with my parents to do this. But we have several questions if this will work.
1. Does she need to wait 90 days after returning to CA to submit the application?
2. We know she can leave the US while the application is pending, but will long visits in China (but less than 6 months) and short times in CA make the case questionable (with respect to continuous residence)?
3. If she stays in the US for most of the time, to be safe, could she be disqualified for not being with her spouse?
4. Assuming we go with a kind of "half here, half there" strategy regarding her time with me and in the US while her application is pending, what kinds of documents should we prepare to prove she deserves citizenship? (i.e., has the intent to stay in the US, maintained residence there, has a good relationship with me, etc.).
5. What address should we put for me (the spouse) in Section 8 - my chinese one?
I know this is a lot to ask, so thanks in advance for any help.
