Absence of +6 months, and resetting the clock

[havil80 6]

This is a confusing one.

 

I will be a resident for 5 years October 16th 2018. My early filing day would then be July 18th 2018.

 

But at the beginning of my residency I left the country for 9 months and returned September 10th 2014. I have bank statements for that absence that might or might not establish that I maintained residency, but I decided that instead of taking the risk I should just use the 4 years +1 day after returning from the offending absence.  Since I returned from that trip September 10th 2014, that 4 years +1 filing date would be September 11th 2018. 

 

EXCEPT that if I file on September 11th 2018, I would not have been a resident for 5 years since my 5 years anniversary is October 16th. Can I still apply on September 11th based on the 4 years +1 rule? I could not find anything about a 90 days early filing date for the 4 +1 rule and have no idea what to do.

 

A common sense solution would be to just wait until after the anniversary  on October 16 then file on the 4+1 rule, and maybe I'll do that. But for the sake of argument, do you think a filing on September 11th in this case would be accepted?

Edited July 2, 2018 by havil80

[Alabamak1 688]

you need at least 30 month of residency in the US to apply for citizenship. No more than 1 year absence in any given year. they verify this with you entry/exit at the POE. bank statements are not going to help you out. You have to write them down and be as accurate as possible. It will be verified. 

[geowrian 22,336]

https://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 5 years 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 may apply two years and one day after returning to the United States to resume permanent residence."

 

Did you have a previous N-400 denied due to continuous residence?

Were you abroad for 1 year or longer?

(I know the answer is no based on what you stated, but these are requirements for the 4 years + 1 day rule.)

 

Essentially, time abroad in excess of 1 year can count as the first year towards the 3/5 year continuous residence requirement, starting upon return to the US.

Edited July 2, 2018 by geowrian

[havil80 6]

5 minutes ago, geowrian said:

Were you abroad for 1 year or longer?

(I know the answer is no based on what you stated, but these are requirements for the 4 years + 1 day rule.)

 

Essentially, time abroad in excess of 1 year can count as the first year towards the 3/5 year continuous residence requirement, starting upon return to the US.

I have not been out for more than 1. Only that 9 months one.

You raise a very good point. After a one year trip that interrupts residency, you can apply after 4 years +1 day from the date of return from that trip. There is no such stipulation though for trips more than 6 months but less than a year.  Actually I did not find any information on how exactly they reset your timer and when you can apply if the trip between 6 months and 1 year was found to be disrupting to continuous residency. I made the assumption that if the 4+1 rule applies to a trip that lasted more than a year, then it could also apply to the less offending trip between 6 months and one year. 

What do you think?

[SusieQQQ 11,584]

2 hours ago, havil80 said:

This is a confusing one.

 

I will be a resident for 5 years October 16th 2018. My early filing day would then be July 18th 2018.

 

But at the beginning of my residency I left the country for 9 months and returned September 10th 2014. I have bank statements for that absence that might or might not establish that I maintained residency, but I decided that instead of taking the risk I should just use the 4 years +1 day after returning from the offending absence.  Since I returned from that trip September 10th 2014, that 4 years +1 filing date would be September 11th 2018. 

 

EXCEPT that if I file on September 11th 2018, I would not have been a resident for 5 years since my 5 years anniversary is October 16th. Can I still apply on September 11th based on the 4 years +1 rule? I could not find anything about a 90 days early filing date for the 4 +1 rule and have no idea what to do.

 

A common sense solution would be to just wait until after the anniversary  on October 16 then file on the 4+1 rule, and maybe I'll do that. But for the sake of argument, do you think a filing on September 11th in this case would be accepted?

Someone on another forum tried doing pretty much this for an absence >6 months but <1 year and got denied. I'd suggest waiting for your 5-year anniversary date. 

[havil80 6]

2 minutes ago, SusieQQQ said:

Someone on another forum tried doing pretty much this for an absence >6 months but <1 year and got denied. I'd suggest waiting for your 5-year anniversary date. 

Thank you very much. I think I might do just that. Can you please give me a link to that discussion? I would like to read details.

[SusieQQQ 11,584]

3 minutes ago, havil80 said:

Thank you very much. I think I might do just that. Can you please give me a link to that discussion? I would like to read details.

I'm not sure this site likes people linking to other forums but it's pretty much what geowrian alluded to, you'd think if an absence >1 year makes it ok less would be better, but the rules are it only applies for absences >1 year. She lost her application fee. She did try present evidence that she'd maintained residency during her absence (bank account, DL, apartment her husband was still living in etc) but they didn't accept it. (Plus, by the time all this has happened and you've been denied it's usually months after you've submitted and past the date you could have safely submitted.)

[havil80 6]

4 minutes ago, SusieQQQ said:

I'm not sure this site likes people linking to other forums but it's pretty much what geowrian alluded to, you'd think if an absence >1 year makes it ok less would be better, but the rules are it only applies for absences >1 year. She lost her application fee. She did try present evidence that she'd maintained residency during her absence (bank account, DL, apartment her husband was still living in etc) but they didn't accept it. (Plus, by the time all this has happened and you've been denied it's usually months after you've submitted and past the date you could have safely submitted.)

Great information. Thank you!

[healthteacher 18]

17 hours ago, Alabamak1 said:

you need at least 30 month of residency in the US to apply for citizenship. No more than 1 year absence in any given year. they verify this with you entry/exit at the POE. bank statements are not going to help you out. You have to write them down and be as accurate as possible. It will be verified. 

Forgive the question, but does the phrase "any given year" mean a calendar year, as in from jan. 1 - Dec. 31 for example? Or just any period of 12 consecutive months?

[geowrian 22,336]

18 minutes ago, healthteacher said:

Forgive the question, but does the phrase "any given year" mean a calendar year, as in from jan. 1 - Dec. 31 for example? Or just any period of 12 consecutive months?

12 consecutive months

[Alabamak1 688]

20 minutes ago, healthteacher said:

Forgive the question, but does the phrase "any given year" mean a calendar year, as in from jan. 1 - Dec. 31 for example? Or just any period of 12 consecutive months?

the requirement is that you must have lived in the USA at a minimum of 30 month total. On top of that: since you gained a GC, you also have to reside in the USA in the years 2018, 2017, 2016, 2015, 2014  (no absence from the USA for over a 1 year period continuosly) 

 

Example: (not actual data)

 

I had GC from 2005 - 2010. Applied for naturalization 3 month before my 5 years as a permanent resident where over.

Left several times for whatever reason, no more than 30 days at a time in every single year.  I qualified  for the 30+ month of residence in the USA. I also was never absent more than 365 days outside the USA in any of those years. More than 1 year absence from the usa automaticly disqualifies you if you didn't have AP. Be it calendar year or not. 

 

hope this is not over complicating the answer