Cleared English Test but No decision can be made based on number of days.

[m.rizvi 0]

Hi,

I had my interview done today at New York office. All went ok, but when I was asked about my application form, the officer asked me about my trips, I had 6 trips in the last five years all less than 6 months. So that was not a problem.

She said that the number of days I spent outside the US mentioned in the forms are 912 but what she calculated, she corrected the number of days in the form and she said that the total is 928 days. I said I did the approximation as it was difficult to remember each and every trip exact dates. She said that but still there is a difference. And then she started the civic test whcih i passed and she said great. Then she handed me the letter which showed that i have passed the test but No decison can be made yet. She said she will give it to her supervisor for review and you will get to hear with in 120 days. 

I  want to ask what will happen now? because I full fill the other requirements and everything else went fine. Also, my husband will get his interview date soon and he also has the same travel history as of mine. Should he mention the corrections in the number of days before his interview starts? 


Thanks.

[Holt 73]

Did you ask her about why the decision can't be made ?

Let see how your husband interview going.

Good luck to both of you.

What will happen now is to wait for a letter. Even a RFE or Oath or Denial. However, I guess the chance for you of getting Denial Letter is extremely rare. No worries. 😉 

[Going through 5,668]

3 hours ago, m.rizvi said:

Hi,

I had my interview done today at New York office. All went ok, but when I was asked about my application form, the officer asked me about my trips, I had 6 trips in the last five years all less than 6 months. So that was not a problem.

She said that the number of days I spent outside the US mentioned in the forms are 912 but what she calculated, she corrected the number of days in the form and she said that the total is 928 days. I said I did the approximation as it was difficult to remember each and every trip exact dates. She said that but still there is a difference. And then she started the civic test whcih i passed and she said great. Then she handed me the letter which showed that i have passed the test but No decison can be made yet. She said she will give it to her supervisor for review and you will get to hear with in 120 days. 

I  want to ask what will happen now? because I full fill the other requirements and everything else went fine. Also, my husband will get his interview date soon and he also has the same travel history as of mine. Should he mention the corrections in the number of days before his interview starts? 


Thanks.

Hard to say.  If your calculations are correct....you hit the EXACT limit of number of days when determining whether an applicant fulfills the physical presence requirements when filing under the 5-year eligibility rule.

 

If her calculations are correct, you are over the limit by 16 days.

 

 

[m.rizvi 0]

Ahan.. so what happens if you are over limit by 16 days? Because one of the trip i made was an emergency. 

Thanks 

[nightingalejules 678]

1 hour ago, m.rizvi said:

Ahan.. so what happens if you are over limit by 16 days? Because one of the trip i made was an emergency. 

Thanks 

If you're over the limit you don't qualify for citizenship. So you would likely be denied and have to reapply, once you have the required days inside the US within the preceding years. The reasons don't matter- it's all about your actual physical presence in the US.

Edited October 24, 2017 by nightingalejules
Weird autocorrect.

[Starkilla09 366]

1 hour ago, m.rizvi said:

Ahan.. so what happens if you are over limit by 16 days? Because one of the trip i made was an emergency. 

Thanks 

If the number of days you spent outside the US surpasses the quota to meet physical residency requirements, your N 400 will be denied and you’ll have to say again uninterrupted in the US for sometime to make up lost physical residency before eligible to apply again.

[m.rizvi 0]

Seriously it will be a long wait again. OK, one last thing that when I apply again, can I travel abroad after my application is received or do i have to do the biometric again? after biometric can I travel abroad?  

 

Thanks guys, I am very sad. 

[Holt 73]

Correct. Why do you want to travel aboard when it is pending ? You could but I guess just make the application messy when you need to inform the IO again when it comes to the interview. As my suggestion, stop traveling until you are approved... 

Biometric lasts 15 months. 

 

[m.rizvi 0]

I want to see my daughter and its urgent. Me and my husband both.

I read that you can travel after you are done with biometric. My biometric was done in March 2017. 

Ok one thing because my husbands case is exactly the same. Can we withdrawal our application and file a new one right away? If yes then how? Please i was happy that i cleard the test but after reading all this we are thinking of the best options. 

[Holt 73]

1 hour ago, m.rizvi said:

I want to see my daughter and its urgent. Me and my husband both.

I read that you can travel after you are done with biometric. My biometric was done in March 2017. 

Ok one thing because my husbands case is exactly the same. Can we withdrawal our application and file a new one right away? If yes then how? Please i was happy that i cleard the test but after reading all this we are thinking of the best options. 

Travelling during N400 is permitted and possible. There is no restrictions about this. I guess you gotta do the calculation again. (Or kindly ask other VJer to give you a favor  )

Did you husband go to US the same day as you did?

Did you guy apply for N400 the same time? Why your husband hasn't gotten his interview?

However, you must wait to see if your case was denied since your case is still pending decision though. If it was denied because of the physical presence, then you could take a next step toward your husband case. 

 

[Going through 5,668]

2 hours ago, m.rizvi said:

I want to see my daughter and its urgent. Me and my husband both.

I read that you can travel after you are done with biometric. My biometric was done in March 2017. 

Ok one thing because my husbands case is exactly the same. Can we withdrawal our application and file a new one right away? If yes then how? Please i was happy that i cleard the test but after reading all this we are thinking of the best options. 

I wouldn't withdraw your husband's N400 at this point----he's made it this far, you've already paid the fee, and is just waiting on the interview date/letter so you never know what may happen..  every IO adjudicates every case differently.

 

Question out of curiosity...after the IO at your interview made her calculations, were you able to retain a copy of her corrections to overlook them yourself at any point, or you just went off her word?  The reason I ask this, is that the technically the date of travel itself (the exit and entry dates) are not to be counted towards your final total since you are on US soil on both of those days...and I'm wondering if she did incorrectly include the exit/entry days, which is what may have bumped up your numbers. If that was the case, you may have a valid reason for an appeal if your N400 is denied based solely off of the physical requirement section. 

Edited October 24, 2017 by Going through

[cyclone27 710]

Better question is why get so close to the limit?  You break residency and back to zero again, (major mistake)

[mindthegap 2,521]

How did she calculate?

Did you she have other information you didn't - like your exact entry/exit dates?

[dnp2014 44]

928 days.. during last 5 years about 2.5 yrs outside US 

[Eric-Pris 1,602]

12 hours ago, Going through said:

Hard to say.  If your calculations are correct....you hit the EXACT limit of number of days when determining whether an applicant fulfills the physical presence requirements when filing under the 5-year eligibility rule.

 

If her calculations are correct, you are over the limit by 16 days.

 

 

What a coinkindink.