Filing N-400 After Returning From A Trip Outside Of The United States That Lasted More Than 6 Months

[srinids 0]

My wife and I got our employment based Green cards in the mid of September 2010. We are eligible to apply for Citizenship in July 2015. During last 5 years I was out side of the country for 80 days. So, I filed my N400 application in July 2015.

But my wife's case is different as she went to India couple of times and those trips were not more than 3 to 4 months. But this time, due to family emergency, she went to India on Nov 25, 2014, and she is planning to come back on Oct 10, 2015, this trip is around 10.5 months. Once she arrives here, we are planning to file her Citizenship application in the 3rd week of Oct 2015. Please let us know whether she is eligible to file her Citizenship once she comes back, if yes is there any risk of denial of the Citizenship or Green Card?

Here are some more things about our situation:
1. We have been filing our tax returns together for the last 10 years as I'm the primary and she is dependent.
2. While she is outside the US, my wife has been part of the lease agreement in the apartment where I'm staying now.
3. During these file years her physical presence in the US including this trip would be 38 months.
4. She has been maintaining her own bank account in the USA for the last 6 years.

Thank you for your help.

[edt370a 3]

Did you try posting this question on Avvo? Sometimes you can get multiple attorneys respond, and they can offer interesting insights.

[srinids 0]

No. I did not post this question on Avvo. I'll try to post it there.

[Omeka 14]

There is no harm in trying,the worst uscis can do is to return the application with the reason why it cannot be process. Give it a try

[NancyNguyen 1,657]

There is no harm in trying,the worst uscis can do is to return the application with the reason why it cannot be process. Give it a try

This is completely wrong. They will not reject application because she stayed outside too long, they will process it as normal and deny her citizenship at interview.

[kovacs 20]

I agree with Nancy. About the only thing that will get you rejected at the outset is a bounced check

Otherwise, it will pretty much always go to interview.

This is completely wrong. They will not reject application because she stayed outside too long, they will process it as normal and deny her citizenship at interview.

[jacobson00 5]

my understanding is if you stay over 6 months, you reset the clock . did she get a waiver to stay over 6 months?

[NancyNguyen 1,657]

my understanding is if you stay over 6 months, you reset the clock . did she get a waiver to stay over 6 months?

More than a year and less than 2 years then you need it.

[is63 7]

I think she will be fine since she mainteined ties to USA and had a family emergency.

Check this (all four points are applicable to your wife case):

For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

My wife and I got our employment based Green cards in the mid of September 2010. We are eligible to apply for Citizenship in July 2015. During last 5 years I was out side of the country for 80 days. So, I filed my N400 application in July 2015.

But my wife's case is different as she went to India couple of times and those trips were not more than 3 to 4 months. But this time, due to family emergency, she went to India on Nov 25, 2014, and she is planning to come back on Oct 10, 2015, this trip is around 10.5 months. Once she arrives here, we are planning to file her Citizenship application in the 3rd week of Oct 2015. Please let us know whether she is eligible to file her Citizenship once she comes back, if yes is there any risk of denial of the Citizenship or Green Card?

Here are some more things about our situation:
1. We have been filing our tax returns together for the last 10 years as I'm the primary and she is dependent.
2. While she is outside the US, my wife has been part of the lease agreement in the apartment where I'm staying now.
3. During these file years her physical presence in the US including this trip would be 38 months.
4. She has been maintaining her own bank account in the USA for the last 6 years.

Thank you for your help.