US Citizenship Eligibility & Continuous Residence

[h1visaaspirant]

Hi,

 

Iam an Indian national married to a Green card holder and my I-130 has been approved recently.

My spouse got his Green card through family based immigration 51/2years back i.e on May 2008 .

 

The rules for getting the Green card says 

 

1) 30 months stay in USA which she has qualified

2) more than 5 years of getting the PR which she qualifies

 

 

But Unfortunately she has made 2 trips(each comprising of  more than 6 months due to her Education back home in India without taking permission or filing I-131)

 

 

She just returned to US after her stay in India for less than 6 months.
Can she apply for US citizenship(N-400) and make a try 

as can proof her ties to US while her  trips to India were more than 6 months duration.

 

1) She was enrolled in a US University for Studies

2) She had a bank account in USA 

3) Her father was paying Taxes in USA

4)Her immediate family remained in the United States.
5)She did not obtain employment while abroad.
 

Also  the 90 day rule in a district or state . Is it preceding before applying for N-400 or  Does it fulfill if the applicant has already been in the particular district for 90 days in the past 5-6 years as my wife.
 

The only advantage I get when she becomes a US Citizen is that I can come fast to USA as through the regular F2A Visa it would take a long time.

 

Appricate your help on this.

 

Thanks, 

 

Sameer

 

[t75]

If she is unable to understand the form instructions (which are very extensive on the USCIS website), she should engage an attorney to assist her.