Applying for Citizenship - Spouse is a citizen

[acha 0]

I am married to a US citizen for over 3yrs. I can apply for citizenship but I am planning to do so after my trip to india for 3 1/2 weeks next month.

Do I have to wait any number of months before applying after I come back from my trip since I wasn't in the country for 3.5 weeks? Are there any restrictions?

Please Advise. Thanks you.

[aleful 1,905]

I am married to a US citizen for over 3yrs. I can apply for citizenship but I am planning to do so after my trip to india for 3 1/2 weeks next month.

Do I have to wait any number of months before applying after I come back from my trip since I wasn't in the country for 3.5 weeks? Are there any restrictions?

Please Advise. Thanks you.

nope, short trips will not hurt, just apply whenever you want to.

[mozplay 28]

These are the requirements from the USCIS website which pertain to your question and your situation.

You must:

• Have continuous residence in the US as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the US from the date of application for naturalization until the time of naturalization
• Be physically present in the US for at least 18 months out of the 3 years immediately preceding the date of filing the application.

So as long as your 3 1/2 week trip to India does not put you over the allowed time out of the country then you should be good.

Good luck!

[acha 0]

Thanks for all your comments.

Mozplay thats whats very confusing to me because it sounds like I have to file immediately after 18months of continuous stay which sounds to me like if I travel and come back I will have to file after 18months

[VanessaTony 3,567]

Thanks for all your comments.

Mozplay thats whats very confusing to me because it sounds like I have to file immediately after 18months of continuous stay which sounds to me like if I travel and come back I will have to file after 18months

You're misreading it. It says "Be physically present in the US for at least 18 months out of the 3 years immediately preceding the date of filing the application". This means, in the 3 years before filing your application you need to have been present in the US for at least 18 month of those 3 years (or 36 months).

This means that if during the last 3 years you weren't in the US for at least 18 months, say it was only 15 months in the US, then you need to wait to file until the 3 year period has 18 months presence, in my example that would be waiting an extra 3 months before you file to make sure you have enough time.

Make sense?

[mozplay 28]

Mozplay thats whats very confusing to me because it sounds like I have to file immediately after 18months of continuous stay which sounds to me like if I travel and come back I will have to file after 18months

It seems that it might also be a language thing. Don't confuse "continuous residence" with "continuous stay". You can go on vacation and still be a resident of the U.S. But no.. the short answer is ... IF in the last 3 years, you have accumulated at least 18 months of living in the U.S. (not consecutive months .. just 18 months worth of time) AND you have not been a resident of another country AND (this is a general rule of thumb) you haven't taken any vacations or lived anywhere else for more than 6 months at a time AND you meet all the other requirements (still married, etc.) then go ahead and file.

If you are still uncertain, send me a message (either here or privately) with your date of residency and all your dates of travel since becoming a resident and I'll help you tally it all up and help you know for sure if you've been here in the US for the required 18 months out of 3 years minimum.

Mo

[acha 0]

(to Moplays) Awesome! its all clear to me now! Thanks so much for clarifying. I may hit you up later if I have any further questions.

[acha 0]

('Vanessa&Tony) Yes, makes sense! Thanks for replying and clarifying!

[acha 0]

I wasn't able to firgure out how to post a new thread! so I hope this helps...

I had my condition green card in 2008 and recieved my permanent one in 2011. I am married to a U.S Citizen.

It is 3 yrs from permanent green card one can apply for naturalization or after the first conditional green card (2008)?

I am getting all sorts of information but don't know whats correct. Please advise.

[BigDaddy28 228]

I wasn't able to firgure out how to post a new thread! so I hope this helps...

I had my condition green card in 2008 and recieved my permanent one in 2011. I am married to a U.S Citizen.

It is 3 yrs from permanent green card one can apply for naturalization or after the first conditional green card (2008)?

I am getting all sorts of information but don't know whats correct. Please advise.

If you look at the conditional and the 10 year green card. both have a resident since date. You have to add 3 years minus 90 days from the date. that's when you are eligible for naturalization. Thank God that USCIS counts our time we spend as conditional residents. So yes it's from the day you got your conditional green card. Going for trips outside the US that are less then 6 months do not bother you at all. So when you get back from your trip you shouldn't have any problems you can apply the next day if you want. Good luck in your journey.

[warlord 72]

And to note, what you are doing is the smart way of doing it. Applying for Citizenship AFTER you take your trip. So many people on here have an issue by applying for their Citizenship and then taking their trip after, only to find out that their interview or oath dates etc fall on the time they are out of the country. That leads to lots of other issues and problems with re-scheduling things, getting lost in the system, waiting for an undetermined amount of time before they get their next interview or oath date etc.

So it's nice to finally see someone that is actually going about the N-400 the proper way...

[Udella&Wiz 325]

If you've been a GC holder since 2008, you're eligible to apply under the 5 yr rule...which requires less burden of proof . Why not choose that option

[acha 0]

Thanks!

I was confused as my lawyer had told me its only 3 yrs after receiving my permanent green card can I apply for naturalization. But now im finding out thats not the case and I could have applied in 2011. Is that correct? I just want to be sure before I apply for the 5yr rule.