Upon the expiration of her 2 year temporary visa, would my wifw’s travel back and forth to her country be an issue when she applies for a permanent visa?

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Upon the expiration of her 2 year temporary visa, would my wifw’s travel back and forth to her country be an issue when she applies for a permanent visa?

My wife is here on a marriage visa. She is currently in the initial 2 year period. I am an American citizen and we are having a baby in 3 months. I’d like to have the baby born in my wife country of birth, so we can apply for a duel citizenship for our child. This would be also the second time in less than 6 months that my wife will have traveled back to her home country. Will thisbe an issue when she applies for a permanent visa? Also, will my child have any obstacles getting American citizenship?

Asked on May 7, 2012 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 11 years ago | Contributor

Hello. It should be fine for removing her conditional residency. She must apply for that within 90 days before the 2 years expires. So, timing may be an issue. In addition, it may disqualify her future US naturalization, if she stays outside longer than 6 months at one time or if her total time outside the US during 3 years of residency is greater than a year and a half.


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