US citizenship for Thai wife questions.

[ChaangNoi]

US citizenship for Thai wife questions.

Hi, I have done a fair bit of research but just want to make sure I understand all of this, so if anyone knows more about this than I do or has personal experience please let me know. I tried searching for information on the forum but did not find anything directly related. If there is a thread please link me.

My Thai wife of 3 years has her US green card. It is a conditional 2 year version because when she got the green card we had not been married for a two full years. I understand that she needs to spend at least one year in the USA and be there on her 2 year anniversary to get her new non-conditional green card.

She has spent some time (about 10 months) in the USA and even gave birth to an American child in the USA but she has not yet spent a full year there. She will go back to the USA to make sure she checks off that 1 year requirement. We pay our taxes in the USA and everything is good so I do not think there will be any issue getting the new green card.

What I have a question about is how can she get citizenship. I have read on different places that if she is married to an American and has a green card for three years she would be able to apply for citizenship assuming she has lived in the USA for at least half the time, no criminal record and taxes paid.

Is this correct? Can she just spend an extra year in the USA and then send off to get her passport or does the 3 years start from when she is given the newest green card? Is the three year thing even correct?

We spend an equal amount of time in the USA and Thailand, own property in both and have children with both nationalities. She just wants the passport as one of the things that might come in handy one day.

If I am wrong about the three year thing she might just give up the green card and go for a 10 year tourist visa. As far as I understand it to keep the green card we need to visit the USA for at least a day ever year and we might not want to always do that. She does not work in the USA nor collect any benefits (we paid all health costs in cash) so the only point of the passport is access to visit family in the USA.

So any and all help, ideas, comments are welcome.

Thanks so much in advance!

[Thanyaburi Mac]

Will have to do some research on the U.S. citizenship requirements but I also understand that a minimum requirement is three years residence if married to an AmCit and after receipt of the Green Card. Perhaps that 50-50 "residence" also qualifies, that's what need checking. And, this is just for applying for citizenship, might well take longer to process the paperwork through the USCIS channels before the swearing-in ceremony.

You also said: "If I am wrong about the three year thing she might just give up the green card and go for a 10 year tourist visa. As far as I understand it to keep the green card we need to visit the USA for at least a day ever year and we might not want to always do that."

Not really a good idea as the Green Card is for a PRA, a Permanent Resident Alien, not for someone who lives mostly in their home country and just uses the card to avoid obtaining a tourist visa. The USICE folks at Ports of Entry can, and have, cancelled Green Cards in the past if they feel the holder is not a PRA. Note, no tourist visa is required for a holder of a Green Card.

However, giving up the Green Card and going for a 10-year tourist visa would work.

I'd think holding out for dual citizenship would be the best plan.

Mac

[ChaangNoi]

Our goal is dual citizenship and we did plan to live in the USA permanently. We still pay taxes, own property and all that. We just found that spending time living in both Thailand and traveling around the world has taken up more time than we thought it would. Before she goes to the USA she will spend 2 months traveling about in South America. After we get the new card she will head off to Europe for at least a couple of months. We had planned to spend some time in Thailand as well but with all this travel and having to spend at least 50% of the time in the USA it is going to be challenging.

We would be willing to do the 3 year things if we only need to be in the USA for 51% of the time. That was the things that was not 100% clear to me. However because our lifestyle has changed dropping the green card might just be the way to go. She would sure have a whole lot less taxes to pay, that would be for sure. Because she is a PRA her capital gains here in Thailand are taxed in the USA!

Now that the 10 year tourist visa is being handed out, it just seems like best way to go. However would she be limited to 6 month of any one year in the USA or could she stay for 6 months and more or less do a boarder run?

Sadly we sort of fall into the cracks of the system here. We are tax paying and have significant economic and family ties to the USA but just don't want to be forced to stay there, but we want that option.

What a mess. Thanks for your help.

[Time Traveller]

You need to pass the continous presence test and the physical presence test to apply for citizenship. Basically it means after minimum time of green card (3yrs for spouses of citizens), you must be physically in the country more than half of the time and have absences from the country of less than 6 months. Being outside of the country for more than 6 months resets the time to zero for citizenship purposes.

Secondly, it matters nothing that you have property and paying taxes in the USA, if you are are a green card holder and spend most of the time outside of the country there is a very real risk that the immigration officer could deny entry if they believe that the Permanent resident is permanently based abroad. There is usually a warning given before anything like that.

[ChaangNoi]

Yes, I forgot to mention that she does not have a 6 month or more absence. Or from what I read a 180 day absence, shorter than 6 months. We flew back to the USA for 2 weeks so she could keep that. In about 180 days she will return and then stay for the next 1 to 2 years depending on how long it takes to get the passport. However I don't think we could want to have to start the 3 year period over again from the non-conditional green card. That would mean at least 4 years in the USA.

It seems that I have a pretty good understanding of this and should be able to get her in. Just wanted to make sure I did not over look anything. Hate to do this all to find out we missed one thing.

Edit: Also what is most? She will spend "most" of a year outside of the USA. Is there a rule or just up to random immigration officer? Thx

Edited December 21, 2014 by ChaangNoi

[ChaangNoi]

Okay, Did a whole lot of counting.

She was in the USA for 262 days. She then left for 173 days. She then went back to the USA for 15 days. She now plans to leave for 178 days. She then will go back for 88 days and then apply for her extension.

This will put her at a year and over the 50% needed about 2 weeks before her deadline. 262 + 15 + 88 = 365 Since she needs to apply before her 2 year anniversary this seem acceptable as far as I understand it.

Does anyone see a problem with the way we have done that?

After she gets her extension she will stay in the USA for at least 51% of a year (with out being away for more than 180 days). Then file for citizenship and stay in the USA while she waits.

Can anyone poke any holes in this?

Thanks

[sirineou]

Hi ChaangNoi

My wife got her US Citizenship a couple of years ago after having her green card for three years and it was a real easy process, she filed in Florida where we have a residence, and I guess the waiting times there re short , because the whole process took less than four months.

I am not an expert in the subject, but we did it our selves and it was real easy, ofcourse my wife had stayed in the US continually, and it was a straight forward process.

To maintain your Green card you need to be in the US for 6 months per year, and since your wife has not lost her Green card, it is safe to assume that she has stayed the minimum required time.

But id I was you, I would invest the small amount required to have a consultation with an immigration lawyer.

I would not give up her Green card and citizenship, The advantages far outweigh the disadvantages, in terms of social security benefits tater in life,investments in the US, in case something happens to you, etc.

Also since you both like to travel, a US passport is beneficial .

Long story short,talk to an immigration Lawyer, he would straighten this for you, ad provide you with advise.

[AaronLV]

We went through this process about 2 years ago. During the interview process they did go through the passport and make sure the dates added up. We were out of the country for 10 months during the 3 year period, the clock does not automatically reset to zero.

The removal of conditions process is currently taking between 6 to 12 months, on average about 8 months to complete. While you are waiting for the 10 year if you are at the 2 year 9 month mark you can apply for citizenship but you can't do the oath ceremony until the 10 year has been issued.

Your numbers look good on the dates, however it is the officers discretion whether she is actually a PR, so be careful with the 178 days out and in. Also based on her in an outs you might be required to do an interview for the 10 year, as I have had two friends with a pattern of leaving the US every 3 months for 3 months, and they both had interviews and were required to explain the absence. In both of those cases the 10 year was granted. During the time waiting she can travel but if you get an interview you will need to be back for it, my friend got a letter a week before. Also if you file and leave it could look as though you are not a PR.

Also she will need to pass the citizenship test (very easy), 100 questions, they pick 10 questions out of the hundred (knowledge test), English Test (read one of the questions, write the answer). Once she applies she will need to stay in the US while she awaits the interview and the Oath. It takes about 4 to 6 months to complete, and this depends where you are located. Our Oath ceremony was about 1 month after the interview, and depending on your location they might have the oath more than once per month.

Just remember have all your ducks in line and explanations for all the time spent out of the US. Also see the link below which will give you more information on the physical presence test and continuous residence requirement. The dates months I quoted above are from people who have gone through ROC and Citizenship this past year.

Being outside of the country for more than 6 months resets the time to zero for citizenship purposes.

It automatically resets after 1 year out. It MAYreset to zero with an absence of 6 to 12 months. See the link below for more information.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[Thanyaburi Mac]

Aaron

What is "the 10 year"?

Mac

[ChaangNoi]

Aaron

What is "the 10 year"?

Mac

I'm pretty sure he is talking about the 10 year green card that my wife will need to get as her conditional 2 year is going to expire soon.

@ Aaron, How can my wife travel while we wait for the 10 year green card? How can she get back into the USA on an expired green card? My sister in law will be getting wed in Belgium soon after her 2 years are fully up. I was under the impression we would get the 10 year card in about 2 weeks, not up to a year! I had no idea. he US govt's website for whatever reason made me think it would be an easy 2 week thing.

[AaronLV]

Aaron

What is "the 10 year"?

Mac

10 year Green Card. Initially if you are married less than 2 years you get a 2 year conditional green card, and then at the 1 year 9 month or prior to the expiration, from the date of the issuance of the 2 year GC, you have to file for Removal of Conditions (ROC) which gets a 10 year Green Card. When applying for ROC the applicant receives a letter extending the 2 year GC for 1 year while awaiting approval of the 10 year GC, most of the time this gets approved without any interview after 6 to 12 months, but recently it seems more and more people I know have had to go for an interview at the local USCIS office.

I should have been more clear with the 10 year since there are 10 year visa's and 10 year GC's.

[ChaangNoi]

If that 6 to 12 month thing is correct we might as well go for full citizenship or the 10 year tourist visa. Just trying to hold onto the Green Card wont work.

Also lets say we do let this expire, we can just go and apply for the Green Card all over in the future correct?

Does the USA have any other sort of Visa other than tourist visa that would let her stay and visit family for longer than 6 months in a year?

Thx

[AaronLV]

If that 6 to 12 month thing is correct we might as well go for full citizenship or the 10 year tourist visa. Just trying to hold onto the Green Card wont work.

Also lets say we do let this expire, we can just go and apply for the Green Card all over in the future correct?

Does the USA have any other sort of Visa other than tourist visa that would let her stay and visit family for longer than 6 months in a year?

Thx

You have to get the 10 year Green card prior to receiving the oath for citizenship. So while waiting for the 10 year GC, if you become eligible for Citizenship, you can apply to cut down some of the time you have to wait.

If you let the GC expire you have to start the process all over which means re-applying at the embassy, doing medical, interview, and police clearance (will need one in the US if she spent more than 6 months there), along with waiting, plus all the expenses that come along with that. If at the time she has a 10 year tourist visa to the US, there is a chance, if she visits while awaiting the Spousal Application to go through she could be denied entry on the tourist visa, there have been reports of that happening.

There is no visa I am aware of that allows longer than 6 months that your wife would qualify for. Also the 6 months permission to stay is not guaranteed on a tourist visa, it is the officer at the Point of Entry that decides. If you are travelling back and forth often, married to a USC, and previously a GC holder, they may assume she is working and living in the US and circumventing the rules.

Last time I went into the US, the customs agent when leaving the airport was drilling a Chinese guy about his GC, and asking lots of questions, and had an officer take him over to reevaluate his entry. This was after he had been stamped in by passport control. The customs agent was stopping everyone with a foreign passport, and asking questions. We handed him our customs form saw the 3 US passports an waved us through.

In my opinion you are so close, bite the bullet finish off the process, and forget about it. In future you will have zero issues with entering and leaving the US. Rules on Visa's and Green Cards change, and it can become more difficult or easier, you never know. With immigration a hot button issue right now, my guess is they will work on tightening up the rules.

[ChaangNoi]

You bring up a lot of good points. Sadly we just don't want to be in the USA for that long but you are right, we should really just get it over with while we can. We are still going to think about this but I'm learning towards just doing it.

Thanks for your input.

[sirineou]

You are a good man Charlie Brown kudos for wanting to do the right thing by your wife.

as I said before talk to an immigration lawyer , he would best know how to use the time she already has and what additional time she would need to accrue to qualify for US citizenship.

A US citizenship will secure her position , we never know what the future will bring,And since you like to travel a US passport will make things a lot simpler. Last Summer we had a crane incident at on of the buildings we are building in NYC , the job was shut down for two weeks by DOB, and I found my self having a couple of weeks free. I told my wife, let's go to Greece, see some family, friends and sights.With a US passport all we had to do was buy two tickets and go next day.

Any way Chock Dee and let as know how thing turn out

[ChaangNoi]

Would living in Puerto Rico count towards this or would they count that as outside the US?

[ChaangNoi]

Okay, related question but did not want to start a new thread.

My sister is getting married in Europe 2 weeks after my wife has her 2 year anniversary. Will my wife need a "advance parole travel document" to get back into the country assuming she goes?

Someone said she could travel while the greed card is being reviewed but I don't see this how can be done with out that document. The "advance parole travel document" will cost $445 and "Travel for vacation is not a valid purpose." http://www.uscis.gov/i-131 How long will this take to get as well? I can't risk round trip tickets to Europe on getting that document in 2 weeks or less.

[mania]

Okay, related question but did not want to start a new thread.

My sister is getting married in Europe 2 weeks after my wife has her 2 year anniversary. Will my wife need a "advance parole travel document" to get back into the country assuming she goes?

Someone said she could travel while the greed card is being reviewed but I don't see this how can be done with out that document. The "advance parole travel document" will cost $445 and "Travel for vacation is not a valid purpose." http://www.uscis.gov/i-131 How long will this take to get as well? I can't risk round trip tickets to Europe on getting that document in 2 weeks or less.

Sorry did not contribute to the whole thread but as far as I know what your asking here...the answer is yes.

She needs the parole doc or she may be considered to have abandoned her green card process.

At least that is how it was back in 2007 for my wife while she awaited her first card.

Since then she has become a US citizen & we have been living here in Thailand the last few years.

But the whole process does take time & yes even after getting her 2 yr & 10 yr green cards if she is out of the country more than X amount per year it

too can be seen as abandonment or make problems for her obtaining citizenship.

It can all be a bit sketchy at times & even seems it can be at the discretion of the officer at the arrival gates back in the US

For us we waited till her 2 yr was granted...before taking short 1-3 month trips to Thailand

After 2 years she got her 10yr card...then we needed to let that age 1 year before she could apply & got citizenship

Also dont forget all the time spent waiting for the initial 2yr green card does not count towards the 3 years needed to apply for citizenship.

All in all not too hard but not easy either & as your seeing they want $$$ for every form filed.

Wait till later when she needs multiple biometrics jeez you would think they had an office everywhere but they do not so those trips...

if an office is not nearby... can be costly for airfare etc then the appointment takes all of 15 dang minutes...what a waste of $$$

But in the end we felt it was worth her getting US citizenship for the future in case we decide to move back

or even making traveling the world easier to some degree as your seeing now.

Good Luck to you both

EDIT: Sorry just read your 1st post & seems your wife has a 2yr card already ?

If so yes she can travel & does not need to file the parole papers.

But still need to watch the total time out of country is not considered excessive or it may cause

problems later when removing conditions from 2yr to get 10yr & also after 3 total years if she applies for US citizenship

Edited December 28, 2014 by mania

[mania]

Is this correct? Can she just spend an extra year in the USA and then send off to get her passport or does the 3 years start from when she is given the newest green card? Is the three year thing even correct?

Yes she needs at least 3 years residence to qualify to "Apply" for citizenship.

It is not just sending for a passport but tests & interviews.

After which if all goes well a nice ceremony & her certificate.

It is that cert that she takes to get a passport with

As far as I understand it to keep the green card we need to visit the USA for at least a day ever year and we might not want to always do that

She will need to be present in the US for at least a majority of the time during the 3 years before being "eligible" to apply for citizenship

1 day a year will not work

PS also do not forget if she wants the temp conditions removed from her green card changing it from a 2yr to a 10yr

card she must submit a joint petition 90 days before expiration of that 2yr card

The law that required conditional green cards in newlywed cases was passed in 1986.

It gives the U.S. Citizenship and Immigration Services another chance to examine whether a marriage is legitimate.

The law requires both spouses to fill out a petition form jointly, and USCIS may request an additional interview

to determine that the marriage is legitimate. You cannot merely apply to renew your green card on Form I-90.

If your petition is successful, the conditional status of your green card is removed, and you receive a regular, 10-year green card from USCIS.

Conditional green card holders are required to file the joint petition within 90 days before the cards expiration.

If you do not file on time, your permanent resident status is automatically revoked, and you will no longer be in legal status.

Late filings are allowed, but you must explain why you did not file your petition on time.

Edited December 28, 2014 by mania

[slipperylobster]

You need to pass the continous presence test and the physical presence test to apply for citizenship. Basically it means after minimum time of green card (3yrs for spouses of citizens), you must be physically in the country more than half of the time and have absences from the country of less than 6 months. Being outside of the country for more than 6 months resets the time to zero for citizenship purposes.

Secondly, it matters nothing that you have property and paying taxes in the USA, if you are are a green card holder and spend most of the time outside of the country there is a very real risk that the immigration officer could deny entry if they believe that the Permanent resident is permanently based abroad. There is usually a warning given before anything like that.

They are serious about spending more than half the year in the U.S. For sure. My buddy's wife got a stern warning, and he had to cancel a visit and remain in the USA.

[mania]

They are serious about spending more than half the year in the U.S. For sure. My buddy's wife got a stern warning, and he had to cancel a visit and remain in the USA.

This is true & they of course are expecting your wanting a green card is a valid

request to "stay"

When you are considered to be just trying to abuse the system in order to get a 2nd citizenship they will flag that

quickly & as I said can even be at the discretion of the officers upon arrival back in the US

If they feel your out more than in they can cancel your card & turn you back at the gate to the first flight out of the US

Also not just green cards.......

Many folks with even just a valid tourist visa do not realize that is also true for them

They too can actually be refused if the officers think your trying to get in with no intention of leaving

or your address of stay etc turns up odd etc.

Edited December 28, 2014 by mania

[ChaangNoi]

This is the first I have heard of staying in the USA for more than half of the year each year.

I was under the impression the rules were to not be away from the USA for more than 180 days but still in the USA for a total of 50% of the two years.

Also if they do not let her into the USA, will they reject entry of her American baby? If not will the US Government take care of the baby until she can reapply for her green card? This seems like it could be messy.

I'm starting to wonder if the last two posters should reread the whole thread. I think I should have just made a new one to ask my question.

[AaronLV]

Okay, related question but did not want to start a new thread.

My sister is getting married in Europe 2 weeks after my wife has her 2 year anniversary. Will my wife need a "advance parole travel document" to get back into the country assuming she goes?

Someone said she could travel while the greed card is being reviewed but I don't see this how can be done with out that document. The "advance parole travel document" will cost $445 and "Travel for vacation is not a valid purpose." http://www.uscis.gov/i-131 How long will this take to get as well? I can't risk round trip tickets to Europe on getting that document in 2 weeks or less.

If she has a valid 2

[Time Traveller]

This is the first I have heard of staying in the USA for more than half of the year each year.

I was under the impression the rules were to not be away from the USA for more than 180 days but still in the USA for a total of 50% of the two years.

Also if they do not let her into the USA, will they reject entry of her American baby? If not will the US Government take care of the baby until she can reapply for her green card? This seems like it could be messy.

I'm starting to wonder if the last two posters should reread the whole thread. I think I should have just made a new one to ask my question.

You are confusing requirements to maintaince Green Card with the requirements to apply for citizenship.

1. To maintain the permanent residence (Green Card) you can not spend more the 365 days outside of the country or else it will be cancelled. If you get a Re-entry permit then this gives you up to 2 years. There is an exception to this rule if your absence from the country is due to employment with an American agency that requires you to work outside of the country.

Now technically you could just visit for a day or two once a year however this will not count towards the continuous presence and residence required to apply for citizenship even if you have been a green card holder for many years. Secondly, if you did this there is a very real risk that the immigration officer will decide you are not permanently lving in the US and will cancel your PR status on the spot. Usually some leeway is given in the first couple of years due to relocation considerations. In fact, I was recently grilled by immigration after a 5 month absence from the US despite working there for 24 months prior to the absence.

2. Applying for naturalization has additional requirements. Namely, minimum time of being a Green Card holder - 5yrs unless you have citizen spouse which then is 3yrs. A minimum time spent residing in the country (over 50% of the total time that qualifies), And thirdly no absences from the country of more than 6 months in a single time. Being absent for more than 6 months in one trip abroad will reset the time required to apply for naturalization back to zero again.

They will not reject entry of an American citizen baby. But do you really want the state taking care of your child? Decide if you want to live in the US or just visit occasionally. If it's the latter then tourist visas may be the best way to go because as a citizen you have additional responsibilities re: Tax and unless she has some connection to America it's going to get real messy when the IRS comes after any foreign assets and accounts she has that were not reported each year.

[Time Traveller]

deleted double post

Edited December 28, 2014 by Time Traveller

[ChaangNoi]

This is the first I have heard of staying in the USA for more than half of the year each year.

I was under the impression the rules were to not be away from the USA for more than 180 days but still in the USA for a total of 50% of the two years.

Also if they do not let her into the USA, will they reject entry of her American baby? If not will the US Government take care of the baby until she can reapply for her green card? This seems like it could be messy.

I'm starting to wonder if the last two posters should reread the whole thread. I think I should have just made a new one to ask my question.

You are confusing requirements to maintaince Green Card with the requirements to apply for citizenship.

1. To maintain the permanent residence (Green Card) you can not spend more the 365 days outside of the country or else it will be cancelled. If you get a Re-entry permit then this gives you up to 2 years. There is an exception to this rule if your absence from the country is due to employment with an American agency that requires you to work outside of the country.

Now technically you could just visit for a day or two once a year however this will not count towards the continuous presence and residence required to apply for citizenship even if you have been a green card holder for many years. Secondly, if you did this there is a very real risk that the immigration officer will decide you are not permanently lving in the US and will cancel your PR status on the spot. Usually some leeway is given in the first couple of years due to relocation considerations. In fact, I was recently grilled by immigration after a 5 month absence from the US despite working there for 24 months prior to the absence.

2. Applying for naturalization has additional requirements. Namely, minimum time of being a Green Card holder - 5yrs unless you have citizen spouse which then is 3yrs. A minimum time spent residing in the country (over 50% of the total time that qualifies), And thirdly no absences from the country of more than 6 months in a single time. Being absent for more than 6 months in one trip abroad will reset the time required to apply for naturalization back to zero again.

They will not reject entry of an American citizen baby. But do you really want the state taking care of your child? Decide if you want to live in the US or just visit occasionally. If it's the latter then tourist visas may be the best way to go because as a citizen you have additional responsibilities re: Tax and unless she has some connection to America it's going to get real messy when the IRS comes after any foreign assets and accounts she has that were not reported each year.

So if I understand you correctly we have followed all of the rules correctly and she is on path to get both her green card renewed and her citizenship despite her only being in the USA for about 20 days out of a 365 day period. We more or less already covered that above if you read the thread.

My new question is how can she travel while her 2 year green card has expired and she is waiting for her 10 year card?

I really should have just made a new thread.

[Gumballl]

This is the first I have heard of staying in the USA for more than half of the year each year.

I was under the impression the rules were to not be away from the USA for more than 180 days but still in the USA for a total of 50% of the two years.

Also if they do not let her into the USA, will they reject entry of her American baby? If not will the US Government take care of the baby until she can reapply for her green card? This seems like it could be messy.

I'm starting to wonder if the last two posters should reread the whole thread. I think I should have just made a new one to ask my question.

You are confusing requirements to maintaince Green Card with the requirements to apply for citizenship.

1. To maintain the permanent residence (Green Card) you can not spend more the 365 days outside of the country or else it will be cancelled. If you get a Re-entry permit then this gives you up to 2 years. There is an exception to this rule if your absence from the country is due to employment with an American agency that requires you to work outside of the country.

Now technically you could just visit for a day or two once a year however this will not count towards the continuous presence and residence required to apply for citizenship even if you have been a green card holder for many years. Secondly, if you did this there is a very real risk that the immigration officer will decide you are not permanently lving in the US and will cancel your PR status on the spot. Usually some leeway is given in the first couple of years due to relocation considerations. In fact, I was recently grilled by immigration after a 5 month absence from the US despite working there for 24 months prior to the absence.

2. Applying for naturalization has additional requirements. Namely, minimum time of being a Green Card holder - 5yrs unless you have citizen spouse which then is 3yrs. A minimum time spent residing in the country (over 50% of the total time that qualifies), And thirdly no absences from the country of more than 6 months in a single time. Being absent for more than 6 months in one trip abroad will reset the time required to apply for naturalization back to zero again.

They will not reject entry of an American citizen baby. But do you really want the state taking care of your child? Decide if you want to live in the US or just visit occasionally. If it's the latter then tourist visas may be the best way to go because as a citizen you have additional responsibilities re: Tax and unless she has some connection to America it's going to get real messy when the IRS comes after any foreign assets and accounts she has that were not reported each year.

So if I understand you correctly we have followed all of the rules correctly and she is on path to get both her green card renewed and her citizenship despite her only being in the USA for about 20 days out of a 365 day period. We more or less already covered that above if you read the thread.

My new question is how can she travel while her 2 year green card has expired and she is waiting for her 10 year card?

I really should have just made a new thread.

Personally, I do not think you have followed the rules. But what I think does not matter.

Please read here for more information on what does matter: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

Edit:

And this: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship

Edited December 28, 2014 by Gumballl

[ChaangNoi]

These are the rules: http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

What one do you think she broke? As far as I understand it "continuous residence" means not being away for more than 180 days at a time. If you think we broke something else, or if you have a reason for thinking "continuous residence" means something else, please tell me what that is.

[mania]

My new question is how can she travel while her 2 year green card has expired and she is waiting for her 10 year card?

I really should have just made a new thread.

Yes sorry if I confused you more but if what you say above is true... ie: her 2 yr card has expired

your basically back to square one

You were supposed to petition for removal of temp status at least 90 days BEFORE her 2yr card expired

Did you or did you not petition for the removal of temp status? Meaning have you done the required work to obtain the

10 yr green card while 2yr still had at least 90 days left on it?

If not see above

[NeverSure]

OP, I'm lost as to your motivation. You have an American child. An American citizenship is a valuable thing in many ways. (Yes, I know, IRS etc.)

Would you trade your American citizenship for a Thai, especially considering you have an American child?

I would move heaven and earth to get my wife that citizenship. It has so many advantages including travel now and social security later. She could go anywhere she wants to with you and the child with the passport.

I understand all of your questions and they are of course valid, but I'd put my shoulder to the wheel and get this done.

Best to you and your family.