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Posted

Hi guys, I am compiling the additional documents to send with my form N-400. I am applying for citizenship based on marriage with USC for three years. Two years ago, I left the US for 5.5 months, returned for 10 days, then left for another 5.5 months. I have lived in the US since my return. During my two absences, I was registered (full time) in a PhD program in the US and was required to conduct temporary research in Europe. I have tax returns, enrollment records, pay stubs (from my university), bank accounts, credit cards, and an address in the US, etc. that I didn't break continuous residency and the trips were temporary in nature.

My question is: should I include any of these (other than the IRS returns) if these are trips technically under 6 months? The instructions to form N-400 don't require this type of proof for shorter trips, but my absences were rather close to the limit and successive.

Thanks for any suggestions!

Posted

Hi guys, I am compiling the additional documents to send with my form N-400. I am applying for citizenship based on marriage with USC for three years. Two years ago, I left the US for 5.5 months, returned for 10 days, then left for another 5.5 months. I have lived in the US since my return. During my two absences, I was registered (full time) in a PhD program in the US and was required to conduct temporary research in Europe. I have tax returns, enrollment records, pay stubs (from my university), bank accounts, credit cards, and an address in the US, etc. that I didn't break continuous residency and the trips were temporary in nature.

My question is: should I include any of these (other than the IRS returns) if these are trips technically under 6 months? The instructions to form N-400 don't require this type of proof for shorter trips, but my absences were rather close to the limit and successive.

Thanks for any suggestions!

Personally, I would have an explanation and that documentation in your bag, ready to present at the interview, but never submit something to USCIS that they didn't expressly request, and don't bring it up unless they do first. You simply do not need to justify absences under 6 months and the burden of proof rests on USCIS to show that you abandoned your permanent residence. It doesn't sound like you did anyway.

I was out of the US successively in the following pattern:

Left in June 2009, came back in October, stayed 5 days, left again, came back in December, stayed 2 weeks, left again in early January 2010, came back for 2 days in February because of a biometrics appointment (for removal of conditions on permanent residence), left again and came back for good in June 2010.

In other words, lengthy, successive absences, each less than 180 days in length.

At my interview, it wasn't even part of the conversation.

I'm not saying it could not come up in your interview though.

Timeline:

2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

 
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