Applying for citizenship under N-400 3 Year Rule

[Howardsnewyork 0]

I would like to have my wife make application for citizenship under the N-400 three year rule.

We were married in the Philippines Oct 11, 2009. We applied for and received her spousal visa and she entered the US on June 25, 2010. Her Green Card arrived and is dated June 25, 2010. She now has her permanent card after 2 years.

We have made sure that the “permanent residency” aspect of her requirements are thorough and complete. Tax returns, bank accts, apartment rental lease, insurance, etc.

I am writing in regards to the “physical presence” aspect.

We were in the US from June 25, 2010 until November 30,2010 , just over 5 months.

We were then outside the US from November 30, 2010 until July 9, 2011 just over 7 months.

We returned to the US on July 9, 2011 through Dec 6 2011, approx 5 months.

I am now aware that we were out of compliance by having stayed outside of the US for more than 50% of the above mentioned time periods in order to maintain the “physical presence” requirement for naturalization.

Since Dec 6, 2011 we have been careful and have made sure that we have paid attention to the more than 50% rule in the US for physical presence.

We intend to make sure that during this 3 year period from Dec 6, 2011 through December 7, 2014 we will continue to maintain more then 50% in the US. I believe she would be eligible to make application 90 days prior to that date.

The question/concern that I have is whether or not I am understanding the 3 year qualification correctly. My thinking is that even with the initial time that we spent away from the US, we will still have a 3 year period of maintaining both permanent residency and physical presence within the first 5 years of my wife having been admitted to the US.

Any help or clarification would be greatly appreciated.

Thank in advance

Howardsnewyork

[VanessaTony 3,567]

Because of her 7 month stay outside the US she has broken her "continuous presence" requirement. She will have more paperwork to file (it's in the instructions) to deal with that.

[Howardsnewyork 0]

Thanks for your response.....

Just so I have further clarity...I understand your point regarding the 7 mos. out of the US...I was under the impression that as long as you managed to be "present" for greater than 50% during a 3 year period, within the 5 year cycle, it would be that time that was being counted.

So are you saying that it is OK, but that you just have to respond to Why you were away for greater than 6 mos. in the application??? And where will I find it in the instructions??

BTW I see you are fro IA...I went to college there...what a great 4 years for a boy from NYC. Thanks

[warlord 73]

Thanks for your response.....

Just so I have further clarity...I understand your point regarding the 7 mos. out of the US...I was under the impression that as long as you managed to be "present" for greater than 50% during a 3 year period, within the 5 year cycle, it would be that time that was being counted.

So are you saying that it is OK, but that you just have to respond to Why you were away for greater than 6 mos. in the application??? And where will I find it in the instructions??

BTW I see you are fro IA...I went to college there...what a great 4 years for a boy from NYC. Thanks

Actually after the 6 months you will have to prove to the IO that you maintained residency and upheald the Green Card. That's where all the work is now up to you to do to prove that you didn't break residency or abandon the Green Card. Before 6 months, the IO would have to do all the work to prove that you broke residency or abandoned the Green Card...

[Howardsnewyork 0]

so I guess that's where my lease on our apt, checks for rent, bank acct, tax returns, etc will be evidence to show perm residency..

thanks

[VanessaTony 3,567]

so I guess that's where my lease on our apt, checks for rent, bank acct, tax returns, etc will be evidence to show perm residency..

thanks

Exactly.

Here is the M-477 that has the rest of the document requirements: http://www.uscis.gov/files/article/attachments.pdf

Bottom of page 1:

If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

- An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen).

- Rent or mortgage payments and pay stubs.