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Filing N-400 After Returning From A Trip Outside Of The United States That Lasted More Than 6 Months

Discussion in 'US citizenship' started by srinids, Sep 6, 2015.

  1. srinids

    srinids New Member

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    My wife and I got our employment based Green cards in the mid of September 2010. We are eligible to apply for Citizenship in July 2015. During last 5 years I was out side of the country for 80 days. So, I filed my N400 application in July 2015.

    But my wife's case is different as she went to India couple of times and those trips were not more than 3 to 4 months. But this time, due to family emergency, she went to India on Nov 25, 2014, and she is planning to come back on Oct 10, 2015, this trip is around 10.5 months. Once she arrives here, we are planning to file her Citizenship application in the 3rd week of Oct 2015. Please let us know whether she is eligible to file her Citizenship once she comes back, if yes is there any risk of denial of the Citizenship or Green Card?

    Here are some more things about our situation:
    1. We have been filing our tax returns together for the last 10 years as I'm the primary and she is dependent.
    2. While she is outside the US, my wife has been part of the lease agreement in the apartment where I'm staying now.
    3. During these file years her physical presence in the US including this trip would be 38 months.
    4. She has been maintaining her own bank account in the US for the last 6 years.

    Thank you for your help.
     
    Last edited: Sep 7, 2015
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't see any problems for either of you. An absence of more than six months is presumed to be an abandonment of continuous residence. If, however, it is less than one year, and you can show a valid temporary reason for going abroad, then it is not considered an abandonment. A family emergency is clearly a reason for a temporary trip abroad.
     
  3. srinids

    srinids New Member

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    Ron,
    Thank you very much for your insights and help.
    Can you please let me know whether it is OK to file her N400 application as soon as my wife comes to the US in October or we need to wait for 3 months and then file?.

    Thank you,
    - Srini
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your present residence was her home before she left, she may file immediately.
     
  5. srinids

    srinids New Member

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    Yes, my present residence was her home before she left. We both are part of the apartment lease agreement.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Then she may file immediately.
     
  7. srinids

    srinids New Member

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    Thank you very much for your help.
     

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