> My husband is a permanent resident and as I have a British passport I
> am not allowed to live with him in the US until he has citizenship, or
> until my application comes through which takes five years or so
> currently.
>
> We have been living separately for a year and a half already and he
> cannot apply for citizenship until May next year, and then it could
> take up to a year to get it i guess so we are in for a long wait
> until we can be together.
>
> his company has just offered him a transfer to their germany branch
> for two years, this will be expat deal so he will still be paid in US
> and pay taxes in US.
> this would solve our problem of not being able to be together.
>
> does anyone know will he still be able to apply for citizenship in May
> if he is out of the country from the beginning of next year?
> will he have to start all over again in the process of living in the
> US for five years before application for citizenship if he is out ?
> He spent the first two and a half years of his green card overseas and
> had a reentry, but then he was told he had to live inthe US for at
> least two and a half years to be eligible to apply for citizenship and
> that is why he returned.
>
> the company is going to let him consult with an immigration lawyer but
> i am not sure how much i trust what they will say, always everyone
> says different things.
> thanks for any input.
A stay of a year and under two years requires that the PR obtain a re-
entry document via form I-131. They must also have proof they have not
abandoned their residency while living outside of the US.
N-400's instructions state you must not have been outside of the US for
more than six months at any one time and must have resided within the US
for 30 months. Thus, I believe his being outside of the US for two
years would definitely restart his naturalizaiton time clock.
Rete
--
I'm not an attorney. This disclaimer is valid in NYS!
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