Can a spouse here in the US on a spousal visa have a secondary home in another country while she is awaiting permanent residency in the US?

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Can a spouse here in the US on a spousal visa have a secondary home in another country while she is awaiting permanent residency in the US?

My wife is here in the US on a spouse visa since June 18, 2015. She has not began the legal permanent resident LPR process with the USCIS yet. I am a US citizen. We both want to have the freedom to live in another country AND the US even while awaiting for her US citizenship. Are there any exemptions to the ‘physical presence’ requirement of the immigration laws such as Volume 12 Citizenship Naturalization, Part D General Naturalization Requirements – Chapter 5 Modifications and Exceptions to Continuous Residence and Physical Presence?

Asked on October 20, 2016 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Physical presence in the US and having a residence in another country are not really related.  ONe needs to have physical presence (certain amount of time spent in the US) in order to be eligible for naturalization but that in itself does not mean anything about whether the person has or does not have a residence abroad.


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