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Gnagnagna

Continuous Residence and Physical Presence prior to N-400

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Hi, I am a Green Card holder, and will be eligible to apply for citizenship (based on marriage) in May 2015. I am permanent resident since June 2011.

On the form N-400, I am asked how many days I have spent outside the US for the last five years (i.e. since May 2010). I only went overseas for four weeks in Dec. 2012-Jan. 2013 and then again for a week in August 2013. In total, about 36 days. The issue here is that I have the stamps in my passport for the reentry date, but not for when I left the country.

I don’t have any records left for the flights I took, except the credit card info. Is there a way to find out the exact travel (= departure) dates with this?

Second question, I have left the states on October 6 2014, and have since been traveling in Europe. So far 118 days have past.

How much longer can I stay overseas if I want to submit N-400 in May. It says that after six months (180 days) outside the States, one looses – or it “disrupts” – continuous residence. Does this mean all absences cannot be cumulatively be more than 180 (meaning I would have 154 days so far and would have to return in 26 days) or can one single absence exceed 180 days.

Third question, it is stated (§ Sec. 316.2, Section 5) that “Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence.”

Does this mean that I have to have resided continuously 90 days in FL prior to my filing in May, or, that I have to have resided for a total of 90 days (including time prior to me leaving in October) in FL when I submit N-400 in May. Since I will return on March 1st, I will have spent only 60 days in FL between my return and the date of the filing of N-400.

Many thanks for your answers.

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Filed: Timeline

1. you need to find your email flight itineraries .. only way to find out is this.. think about it little bit..

2. you can stay overseas without problem for 179 days.. on the 180th day stressfull moments could start for you.. i do not recommend you to stay more than 179 days.. you need to file some papers to uscis for not to loose your greencard, than when you are applying for citizenship you need to answer all kinds of questions.. avoid them.. so dont stay longer..

3. you can apply for naturalization 90 days before you are eligible it says.. i recommend you to use internet day calculators..

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