N-400 Question

[myworld22 14]

Hello VJ's I have question. I'm waiting for approval in my ROC and I got my AOS approved early January 2013. I had delays with it's approval because of RFE and I wasn't aware about it due to mail problem. Anyways, I went outside the country twice in same year. One with almost 3 months of stay and second one is 5 weeks and I'm going out of the country again before end of the year. If ever I get approved like feb or march in my ROC , when is the time I can file for Naturalization? I went out of the country so I'm wondering if it will be affected due to length of stay?Coz I know N400 needs to be present in the US for 3 years? I never went out of the country though for more than 6 months. Thank you!

[deidre 13]

You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

Permanent resident for at least 5 years; or

Permanent resident for at least 3 years if you are married to a US citizen.

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says July 4, 2006, you meet the 5 year permanent resident requirement on July 4, 2011. If you have met all other eligibility requirements, you may file your completed Form N-400 90 days before July 4, 2011. The earliest date you may apply for naturalization would be April 5, 2011.

USCIS has a calculator you can use...The calculator will help you verify that you file your Form N-400 with USCIS no more than 90 days prior to your permanent resident anniversary date. USCIS will deny your Form N-400 if you file your Form N-400 more than 90 days prior to your anniversary date.

Go here for the calculator: http://www.uscis.gov/early-filing-calculator

Edited February 9, 2015 by deidre

[myworld22 14]

Thank you for the reply. I calculated mine and I'm eligible for 3 years with in this year. But I have a few question.

I've been out of the country twice but it's less than 6 months and it's not a continues absences, would that be a problem?

You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

Permanent resident for at least 5 years; or
Permanent resident for at least 3 years if you are married to a US citizen.

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says July 4, 2006, you meet the 5 year permanent resident requirement on July 4, 2011. If you have met all other eligibility requirements, you may file your completed Form N-400 90 days before July 4, 2011. The earliest date you may apply for naturalization would be April 5, 2011.

USCIS has a calculator you can use...The calculator will help you verify that you file your Form N-400 with USCIS no more than 90 days prior to your permanent resident anniversary date. USCIS will deny your Form N-400 if you file your Form N-400 more than 90 days prior to your anniversary date.

Go here for the calculator: http://www.uscis.gov/early-filing-calculator

Edited February 9, 2015 by myworld22