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Filed: K-1 Visa Country: Russia
Timeline
Posted

Can someone explain the 90 days rule of continuous presence in the USA before an eligible green card holder can apply for citizenship (N400)?

My wife's eligibility is coming up on 12/5/14 and we were hoping to submit the N400 on 9/5/2014.

However we are travelling to Mexico at the beginning of August and will return to the US on 8/15.

Is she eligible to apply on 9/5/2014 or will need to wait until 11/15/2014?

Filed: K-1 Visa Country: Russia
Timeline
Posted

The following link Form M-480 says that:

A person have resided in the district or state in which he/she is applying for citizenship for the last three month.

My understanding that going to Mexico invalidates this requirement.

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf

Filed: Citizen (apr) Country: Egypt
Timeline
Posted

Can someone explain the 90 days rule of continuous presence in the USA before an eligible green card holder can apply for citizenship (N400)?

My wife's eligibility is coming up on 12/5/14 and we were hoping to submit the N400 on 9/5/2014.

However we are travelling to Mexico at the beginning of August and will return to the US on 8/15.

Is she eligible to apply on 9/5/2014 or will need to wait until 11/15/2014?

As long that she can prove that she's been a resident of the same state for 90 days before her application, then she meets the requirement. A short trip to Mexico doesn't matter unless it pushes her over the maximum number of days she's allowed to be outside the US since becoming a permanent resident.

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Filed: Citizen (apr) Country: Italy
Timeline
Posted

She would be visiting Mexico... Not living there..her residence is still her home... Residing means claiming as home and living there... Not physical presence... And count the actual days for the 90. As I think it is 9/6 not 9/5 as sept and nov are 30 day months ?

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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