Eligibility to apply for N-400

[DebWa 26]

I am wondering when my husband is eligible to apply for citizenship (I am a US citizen). He became an LPR the end of November 2011.

He was in the US from Nov 2011-June 2012 (6 months)

Out of the US from July 2012-Aug 2012 (2 months)

In the US for 1 month Sept 2012

Out of US from Oct 2012-April 2013 (6 months)

In the US for a couple weeks April 2013

Out of US from May 2013-Sept 2013 (4 1/2 months)

In US for 3 weeks Sept 2013

Back to US again Oct 2013 for biometrics for ROC

Out of US Oct 2013-May 2014 (7 months)

In the US for 1 month June 2014

Out of US July-Sept 2014 (3 months)

In the US since Oct 1, 2014 except for a 2 week trip.

I know that he broke his continuous residency, but was wondering how soon he can apply for citizenship. According to this page, he would be eligible in 2 years and 1 day from Oct 1, 2014. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"3. Eligibility after Break in Residence​

​

An applicant who is required to establish ​continuous​ residence for at least five years​ ^[14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ ^[15] may apply two years and one day after returning to the United States to resume permanent residence.​ ^[16] "

[NigeriaorBust 4,087]

What was he doing on all he trips out ? Was he working back home ? They will look closely at all that travel and could decide he was abusing his green card as he wasn't living in the US more than not.

[DebWa 26]

We were helping out at a church and mission. We did receive a monthly check (less than $500) which was written from the mission's US account and deposited into our US account. We still had a bank account, credit cards, car, and other possessions in the US.

[e-Money 2]

That's a lot of trips. Has he been pull over for secondary screening at any airport? US Officers take notice when someone travel frequently outside the US.

[DebWa 26]

That's a lot of trips. Has he been pull over for secondary screening at any airport? US Officers take notice when someone travel frequently outside the US.

He has never had to go through secondary screening. He never had any problems coming back into the US. The only time that an officer even mentioned anything was the time that he was out for 7 months and he just told him that he should try to make sure that he's not out for more than 6 months at a time.

Edited March 27, 2015 by DebWa

[JimmyHou 610]

I am wondering when my husband is eligible to apply for citizenship (I am a US citizen). He became an LPR the end of November 2011.

He was in the US from Nov 2011-June 2012 (6 months)

Out of the US from July 2012-Aug 2012 (2 months)

In the US for 1 month Sept 2012

Out of US from Oct 2012-April 2013 (6 months)

In the US for a couple weeks April 2013

Out of US from May 2013-Sept 2013 (4 1/2 months)

In US for 3 weeks Sept 2013

Back to US again Oct 2013 for biometrics for ROC

Out of US Oct 2013-May 2014 (7 months)

In the US for 1 month June 2014

Out of US July-Sept 2014 (3 months)

In the US since Oct 1, 2014 except for a 2 week trip.

I know that he broke his continuous residency, but was wondering how soon he can apply for citizenship. According to this page, he would be eligible in 2 years and 1 day from Oct 1, 2014. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"3. Eligibility after Break in Residence​

​

An applicant who is required to establish ​continuous​ residence for at least five years​ ^[14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ ^[15] may apply two years and one day after returning to the United States to resume permanent residence.​ ^[16] "

The 2 year + 1 day rule only applies if he spend a year in the US before breaking his residency... that's why the rule exists; it allows him to count that one year towards his residency. But based on the dates you provided, it looks like he needs to wait 3 years minus 90 days from Oct 1 2014.

Same thing applies to non-marriage based applicants except the numbers would be 4 years + 1 day and 5 years minus 90 days.

[e-Money 2]

So since your Husband never spend more than 6 months in the US. His residency never fully established so like JimmyHou he may be eligible July of 2017.

[DebWa 26]

So since your Husband never spend more than 6 months in the US. His residency never fully established so like JimmyHou he may be eligible July of 2017.

So when is residency considered to be fully established?

[e-Money 2]

So when is residency considered to be fully established?

When he remain in the US without constantly staying outside the US for more than 6 months at a time in a calendar year.

Edited March 27, 2015 by e-Money