QUESTION

Do I have to reside in the U.S. for the last 2 months of my 3 year residency if I am married to an American citizen and reside with her in the U.S.?

Asked on May 20th, 2018 on Immigration - Pennsylvania
More details to this question:
I received my Green Card on 10/21/2015 . I am married to an American citizen for many years and we both live in the U.S. from August 2015 to date.. I was absent from the U.S. during our residency for 10 days only . althoug we want to leave the U.S. for several months, at the end of August 2018 (2 months before my three years of residency are completed) I would like to apply for my Citizenship before our departure. Would I have a problem with the "Continuous Residence" if I leave after 34 months of residence? thank you.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Married to a US citizen, you are planning to take advantage of the three-year rule for naturalization. It appears that you would fit the residence requirement even if you were to leave the US two months before your three years of residency are completed. Coming back to the US, you would have to resume residency in the same immigration district. You would also have to match the other requirements which are that your wife has been a US citizen for three years, and that you have resided together continuously without separation during the time that you have held the green card. On that score, I assume that you would be taking your wife with you on your overseas trip.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.  
Answered on Jun 17th, 2018 at 6:50 PM

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