QUESTION

Will my wife break her Continuous Residence or Physical Presence requirements?

Asked on May 28th, 2016 on Immigration - Michigan
More details to this question:
I am a US citizen and my wife is green card holder since May 4th 2013. After one month of being admitted as LPR, She made a trip outside the US that lasted 4 months. After that, she stayed in the US for straight 2 years and then made a 2nd trip that lasted 5 months and 20 days. After she returned from her 2nd trip, she applied for N-400 and has already did her fingerprints. While now waiting for her interview, we're planning to make yet another trip outside the US that could last up until she receives her interview appointment letter. I was with her during all of her trips. I am working for a private company in Dubai, hence all these mentioned trips. She did not accept any employment while in Dubai however she had to obtain Dubai Residency visa so that she can stay with me while in Dubai. A second question, what can we do to proof our ties to the US?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The difficulty in your situation is that your wife's second trip and the contemplated third trip being so close to the second one may raise questions as to whether your wife is meeting the requirement of continuous presence in the US, but the other major concern if you are thinking of leaving her behind when you take another trip of some duration is that she is also required to be in constant residence with you under the three-year rule. Given your situation, your wife should go with you if you have to leave, but try to amass as much evidence as she can of US ties such as US property – real and personal, tax returns, US bank accounts, state license or identity card, utility bills, insurance, membership in associations or societies, etc. 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 11th, 2016 at 12:13 PM

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