my spouse is outside the US for 6 months (N400 application)

[wangsit 2]

Hi, I am writing this topic on behalf of my partner.

 

My partner would like to apply for citizenship, but after seeing his record. He was outside of USA September 7, 2017 - April 13, 2018

(217 days)

 

You can see his record here :

https://imgur.com/a/VdC06cK

 

My spouse always keep his house in USA, but he dont have jobs there.

He also dont have immediate family in USA.

 

He would like to apply N400, but he is not sure what is the rule said because he is outside of USA too long in 2017.

He was outside USA too long because he has operation and visiting me.

 

Herebu, I attached his holiday record for 5 years.

in current rules, when he can apply for his N400 application?

Assume, he is not taking holiday overseas when he can apply for citizenship? Is it 2023?

 

 

[geowrian 22,335]

He most likely broke continuous residence in 2017-2018. He was outside the US for 331 days over less than a year period (9/7/2017 - 9/2/2018).

He can likely restart counting continuous residence from his return in Sept. 2018.

 

I say "most likely" as it is a judgement call by the IO. See the USCIS policy manual: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Quote

C. Breaks in Continuous Residence

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization. ^[9] 

• Absences of more than 6 months but less than one year; and

• Absences of one year or more. 

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. ^[10] 

This combined with the actual stay abroad over 6 months is why I believe that an IO would determine that continuous residence was broken.

Edited January 9, 2020 by geowrian