The widow has been actually carrying the green card and married to the US citizen for five years but she hasn't been continuously living in the US during those 5 years except for 1 year, another 4 months and then another 4 months. Does she also meet the continuous residency requirement?
Aside from the questions associated with some benefits to widows of US citizens, there is the problem of physical residence in the United States. The physical residence periods that you are referring to occurred within a period of five years. If using the five-year rule, the naturalization applicant must have stayed in the country for at least 2 1/2 years right before filing the application. If using the three-year rule, the naturalization applicant must have stayed in the country for one and a half years within the three-year period prior to applying for US citizenship.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.