Asked in Immigration Law for Michigan

Q: Residency requirement for obtaining citizenship

My wife qualifies for citizenship in January 2019. In a few months she will fulfill the residency requirement (30 months within 5 year period). Can she live with me abroad until 2019? She can come back to the US 3-6 months prior to filing N-400. Will there be problems?

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1 Lawyer Answer

A: The 30 month period is 6 months out of every year not just 30 months within 5 years. However if you would like your wife to be with you abroad, she could get a re-entry permit that allows her to stay out of the U.S. for two complete years without losing her residency. Please contact an immigration attorney to get your wife a re-entry permit.

All the best.

-Shan Potts

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