Physical presence in the USA requirement and how does it affect filling date?

[chrissandra 59]

Hi guys 👋🏼

a friends of ours (K1) will soon be eligible to file for N400. When we talked about process and our immigration journey we came to a halt when we talked about the USA presence requirement. Out of 3 years of their marriage they traveled back and forth from USA to Croatia. Both being retired, they enjoyed the beauty of both worlds (never longer than a month or 2). Our question is- does the time spent outside the USA pushes eligibility date to file for N400 for the time spent in Croatia?

 

thank you all 

[milimelo 4,169]

Only if the friend spent more than 6 months in Croatia (on each trip). Based on what you wrote it may be cumulative 6 months and that doesn’t affect the physical presence test. 

[chrissandra 59]

@milimelo Thank you. How much time outside would actually move the process date/time? 

[bsp 32]

I'd recommend that your friend read this https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html as it gives an overview of what USCIS looks at.  It's a common misconception that an absence has to be greater than 6 months to count, but as you will see the IO has a fair amount of discretion to accumulate absences if it appears as though the petitioner has not maintained residence.

[chrissandra 59]

@bsp Thank you..that’s what I was looking for..have a great day