Continuous Residence Question

[kdavid3]

I'm confused by a discrepancy in the M-476 and M-480 documents.

 

Situation: my wife has been a permanent residence since June 9, 2014. From May 2017 to March 2018, she and our two children accompanied me overseas for dissertation research. Funding for this research was provided by a US Dept. of Education grant. I have all the documents related to this, our apartment leases for the past six years, including proof of our sublease for when we were in China. Other than this ten-month trip, she has spent no other time outside the US.

 

M-476 appears to state she must have three continuous years of residence in the US without trips abroad longer than six months.

 

M-480, on the other hand, appears to state we can apply for citizenship as long as she hasn't spent more than 12 consecutive months abroad.

 

Granted everything is in order paperwork wise, are we likely to have a successful case if I applied today? $725 is a lot to wager, and I'd rather not apply unless we have a reasonably good chance of success.

 

Thanks for your help!

[newacct]

Read the USCIS Policy Manual section on continuous residence. An absence of between 6 months and 1 year is presumed to break continuous residence, but it can be overcome with strong evidence. An absence of more than 1 year definitely breaks continuous residence .