QUESTION

I need to apply for citicenship through marriage based greencard. My wife travelled for six month to INDIA. Am I still eligible for 3years or I shoulx

Asked on Oct 08th, 2016 on Immigration - North Carolina
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I need to apply for citicenship through marriage based greencard. My wife travelled for six month to INDIA. Am I still eligible for 3years or I shoulx
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Immigration and Nationality Law Attorney serving New York, NY
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In applying for citizenship based upon the three-year rule involving marriage to a US citizen, U.S.C.I.S. expects that the alien will be constantly with the US citizen spouse. Whether you can do it on the basis of three years where the wife traveled to India for six months may depend upon whether your wife had more than one trip, e.g. three trips of two months each, the timing in between the trips, or whether you accompanied her when she traveled to India. If your wife traveled to India one time for six months without you, I doubt that U.S.C.I.S. would allow you to take advantage of the three-year rule.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 Oct 09th, 2016 at 1:45 PM

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