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Home Immigration News from around the world

US natural-born citizen + non-citizen spouse & 1 year travel outside US? : immigration

by The Editor
October 15, 2021
in Immigration News from around the world
0
Help with the immigration as 16 y/o Australian : immigration
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Hey all, I understand some model of this query will get requested continuously, however I am hoping for some perception into the immigration implications for my partner if we journey outdoors of the US for a few yr. This is the deal: I am a US citizen by delivery and my partner has a inexperienced card through our marriage (with situations eliminated). She’s truly eligible for citizenship now, however we cannot be capable to apply + get a passport in time for journey.

My accomplice is pregnant, and we’re contemplating going to her dwelling nation for the yr—and giving delivery there—beginning someday early spring. We would each be sustaining our jobs within the US (I am a tutorial who does analysis in her nation, and she or he has distant work). We would be sustaining our residence (although we would sublet since we’re in a really costly metropolis), automobile, medical health insurance, and so forth., and we’d return to our lives right here after a yr. We would wish to spend time in her nation as a result of 1) her father is an OBGYN specializing in high-risk births, 2) I might do analysis in her nation, and three) we now have no household close by, and her household would be capable to assist with childcare for the primary yr. Plus, if we might sublet our place, we might save appreciable cash since we now have an residence in her dwelling metropolis.

My questions:

  1. Ought to we file an I-131? Processing instances are at the moment >11 months in our area, which might imply we might solely get approval after leaving.

  2. If we do not file an I-131 and keep < twelve months, what are the implications for her inexperienced card/naturalization? Would we simply break “steady residence?”

  3. Would returning earlier than 6 months for ~2 weeks make a distinction? I’ve seen completely different solutions right here.

  4. Is there any option to not break the continual residence clock? Sadly, my college will not be listed as an “American Establishment of Analysis,” which might enable her to protect residence for naturalization functions. I am attempting to see if we might get added, however I doubt it could occur rapidly sufficient even when we’re eligible.

  5. May we apply for naturalization, journey, and simply come again earlier than 6 months is up (after which journey again to her nation)? Or would that be deeply frowned upon?

What we completely do not wish to do is endanger everlasting residency. If we reset the continual residence clock, we might probably cope with it—my solely concern there’s that then we’ll most likely run into this downside once more sooner or later except we simply keep put for just a few years and get her citizenship.

Thanks for the assistance!



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Tags: CitizenImmigrationnaturalbornNoncitizenSpouseTravelyear
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