N-400- time outside the country

[Moaz 6]

I am so frustrated because spent too many days outside of US. i am currently enroll to Med school in Dominican Republic and and i married a US citizen at birth. i got my conditional green card in February 09, 2011.

I have travelled outside US, 3 times since i got my conditional residence.

January 15, 2012 i traveled to Dominican Republic for 97 days

May 23, 2012 i traveled to Dominican Republic for 4 days

May 30, 2012 i traveled to Dominican Republic for 207 days

and now i am in US and i just submitted the form I-751 to remove the condition on my status and now i would like to know when i will have to fill the N-400 if i wont have any problem with USCIS because i spent too many days outside US ?

An i am thinking to submit the form N-400 for naturalization while the form I-751 is pending, i need some advices about what to do. Me and my wife are still living together and we have a baby girl and she is 14 months old.

I will appreciate all of your every comments guy's .

[together4evr 360]

You need to go to uscis.gov and read the requirements for applying

You can be out of the usa for 6 months at a time then back in the USA...but there are strict requirements before applying for citizenship.

You can spend 15 months out of the 36 months out of the usa but it can only be 6 months gone at a time. Unless you have authorization to stay out of usa up to 1 year at a time.

Also, you must be in the usa for a specific amount of months before you apply for citizenship. SO you need to study those ROC and citizenship requirements

[VanessaTony 3,567]

You can spend 15 months out of the 36 months out of the usa yes but it can only be 6 months gone at a time. No. You can spend up to 12 months out without requiring a re-entry permit (which allows for 2 years outside). The problem exists that anytime outside the US over 6 months can be used against you when determining if you've abandoned your status AND being out for 6 months risks your "continuous residence" requirement. THAT (continuous residence) would be my main concern. Unless you have authorization to stay out of usa up to 1 year at a time. No. As stated a re-entry permit allows for up to 2 years.

Also, you must be in the usa for a specific amount of months before you apply for citizenship. No. You need to be a "residence of" the state you live in for a certain number of months before you can file. So if you move to another state there is a waiting period before you can file. You don't need to have been physically in the US for a set number of months before filing. You can file N-400 while outside of the country visiting if you like a long as you meet to requirements SO you need to study those ROC and citizenship requirements

Sorry no a few of your comments are wrong.

OP - The "15 months out" is the an issue like the continuous residence issue. You can only apply for N-400 when you have spend 15 months out of the previous 36 in the US AND only if you are able to show you didn't break your continuous residence.

Edited January 17, 2013 by Vanessa&Tony

[Moaz 6]

Thank you guy's for your answers ! Yes, i do had a reentry permit but i wasn't stay staying outside of US for a year in any of the 3 trips i made outside of US. First trip, i stayed only for 97 days and the second trip i stayed only for 4 days outside of US.

Only one of them, i stayed for 6 months and 25 days is my third trip outside of US. But i don't think the reentry permit could help me qualify to fill for citizenship, i am planning to stay inside US till November 11, 2013 to see if am qualify to fill for N-400 .

I did talk to a Lawyer and she told me if my I-751 is pending and i could submit the N-400 and now i would like to know if i should wait for the earliest date to fill for N-4000? my earliest date would be November 11, 2013.

I want to make it clear for you guy's, before i made my firs trips outside of US, i came in US February 9, 2011 and i spent 325 days in US and now i would like to know if these days are disrupt by my 3 trips outside of US or for the days i have been staying out of US ?

I will appreciate all your every answer while i am working on my timeline !!

[VanessaTony 3,567]

Thank you guy's for your answers ! Yes, i do had a reentry permit but i wasn't stay staying outside of US for a year in any of the 3 trips i made outside of US. First trip, i stayed only for 97 days and the second trip i stayed only for 4 days outside of US.

Only one of them, i stayed for 6 months and 25 days is my third trip outside of US. But i don't think the reentry permit could help me qualify to fill for citizenship, i am planning to stay inside US till November 11, 2013 to see if am qualify to fill for N-400 .

I did talk to a Lawyer and she told me if my I-751 is pending and i could submit the N-400 and now i would like to know if i should wait for the earliest date to fill for N-4000? my earliest date would be November 11, 2013.

I want to make it clear for you guy's, before i made my firs trips outside of US, i came in US February 9, 2011 and i spent 325 days in US and now i would like to know if these days are disrupt by my 3 trips outside of US or for the days i have been staying out of US ?

I will appreciate all your every answer while i am working on my timeline !!

Your post makes me think you misunderstood your lawyer. If your I-751 is still pending when your N-400 window OPENS, which is November 2013, you can still file N-400. You don't need to wait for your I-751 to be approved/finished.

Your 6 months out of the US has disrupted your continuous residence and that means there is more paperwork that you need to file to prove you didn't break your continuous residence so they process your N-400. If they don't approve your reasons you won't be able to be approved (and will need to re-file later).

Qn - you have a lawyer so why are you asking here? Don't you trust them?

[Moaz 6]

Your post makes me think you misunderstood your lawyer. If your I-751 is still pending when your N-400 window OPENS, which is November 2013, you can still file N-400. You don't need to wait for your I-751 to be approved/finished.

Your 6 months out of the US has disrupted your continuous residence and that means there is more paperwork that you need to file to prove you didn't break your continuous residence so they process your N-400. If they don't approve your reasons you won't be able to be approved (and will need to re-file later).

Qn - you have a lawyer so why are you asking here? Don't you trust them?

Well, i trust the lawyer's but i don't have one that's why i am asking for help on visa journey. Well, i don't think 6 months outside of US will disrupt my continuous residence, wile my wife and my baby girl still live here in US and i am with them every time comeback to US and now i am here till my windows open in November 2013. Hopefully i will meet the continuous resident like the lawyer said

[VanessaTony 3,567]

Well, i trust the lawyer's but i don't have one that's why i am asking for help on visa journey. Well, i don't think 6 months outside of US will disrupt my continuous residence, wile my wife and my baby girl still live here in US and i am with them every time comeback to US and now i am here till my windows open in November 2013. Hopefully i will meet the continuous resident like the lawyer said

read the instructions so that you know what documents you need to gather to prove you didn't break your continuous residence.

[Martyshk 137]

Well, i trust the lawyer's but i don't have one that's why i am asking for help on visa journey. Well, i don't think 6 months outside of US will disrupt my continuous residence, wile my wife and my baby girl still live here in US and i am with them every time comeback to US and now i am here till my windows open in November 2013. Hopefully i will meet the continuous resident like the lawyer said

Well, of you don't think, then what's the point?

I guess USCIS thinks what it thinks.... http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

Well, have fun.

[Moaz 6]

Ok, thanks i got it. I just wondered that i have a problem with my I-751, USCIS in California received my packet since January 14 at 10 AM and just ten minutes ago i was looking to see if the cashier's cheek is cash and the lady at the bank told me no. I took a look on a copy of check the i realized that my wife sent $490 to USCIS perhaps $590. So i am in a big trouble, i don't know what to do, if i should call USCIS or if i should wait to hear from USCIS till they make a decision.

please, i need some advice about what to do. the problem is that my wife sent $ 490 to USCIS for the form I-751

thanks guy's for your understanding...

[Martyshk 137]

Ok, thanks i got it. I just wondered that i have a problem with my I-751, USCIS in California received my packet since January 14 at 10 AM and just ten minutes ago i was looking to see if the cashier's cheek is cash and the lady at the bank told me no. I took a look on a copy of check the i realized that my wife sent $490 to USCIS perhaps $590. So i am in a big trouble, i don't know what to do, if i should call USCIS or if i should wait to hear from USCIS till they make a decision.

please, i need some advice about what to do. the problem is that my wife sent $ 490 to USCIS for the form I-751

thanks guy's for your understanding...

Your packet will be returned and you'll send it back with the check for the correct amount.

[Moaz 6]

Thank you very much Captain, for your help. They received my packet , January 14, 2013. So Captain, do you know when i can expected to received the packet back since i have sent insufficient funds to USCIS ?

Do you think i can receive it this month? some people told me that it can takes me more than 15 weeks to receive the packet back. Please, if you have any idea about that, i will be very happy to hear it.

Thanks Captain...

[Martyshk 137]

Thank you very much Captain, for your help. They received my packet , January 14, 2013. So Captain, do you know when i can expected to received the packet back since i have sent insufficient funds to USCIS ?

Do you think i can receive it this month? some people told me that it can takes me more than 15 weeks to receive the packet back. Please, if you have any idea about that, i will be very happy to hear it.

Thanks Captain...

From what I've read there's no way to predict when you'll get it back. I'd estimate in 2-3 weeks. They usually look over the main application (the I-751 form) not long after the receipt of the packet. So they'll notice the check amount is wrong and bump it back, it should happen right away.

At this point you have no other choice but to wait. Patiently. Nothing else you can do at the moment.

[Moaz 6]

From what I've read there's no way to predict when you'll get it back. I'd estimate in 2-3 weeks. They usually look over the main application (the I-751 form) not long after the receipt of the packet. So they'll notice the check amount is wrong and bump it back, it should happen right away.

At this point you have no other choice but to wait. Patiently. Nothing else you can do at the moment.

Thank you very much, Captain ! i am waiting for the packet then i will make sure to send it correctly the next time. I hope that won't affect my case cause i sent my packet with insufficient funds.

Thanks again, Captain...

[Martyshk 137]

Thank you very much, Captain ! i am waiting for the packet then i will make sure to send it correctly the next time. I hope that won't affect my case cause i sent my packet with insufficient funds.

Thanks again, Captain...

No, it won't affect your case, don't worry.

[Moaz 6]

thank you, Captain !!