N400 - trips outside of US - 3 year marriage rule

[ivantran85 1]

I have question regarding trip outside of US.

I became LPR since 2017, however due to having babies, I have to stay in VN to get help for caring the babies from my mom in VN, so I have stay in VN with my USC husband from 2017 - 2020. I have applied 2 reentry permits since 2017. I filed tax jointly with my husband every year since 2017, we have joint account in us, with joint credit card.

Im planning to going back to the US in 2021 and apply n400 in 2023. When they ask about the trips outside of US, does this question mean 3 year since I file n400? which is 2020 to 2023

Because Im outside of the US from 2020 to 2021, will it create problem during n400 interview?

or should I wait until 2024 and apply for n400, assume that from 2021 to 2024, i did not travel outside of the US, so there should be no trip outside of the US at all.

 

Which year should I apply, 2023 or 2024

 

Thanks guys for your help, Im really appreciate it.

[ineedadisplayname 521]

23 minutes ago, ivantran85 said:

I have question regarding trip outside of US.

I became LPR since 2017, however due to having babies, I have to stay in VN to get help for caring the babies from my mom in VN, so I have stay in VN with my USC husband from 2017 - 2020. I have applied 2 reentry permits since 2017. I filed tax jointly with my husband every year since 2017, we have joint account in us, with joint credit card.

Im planning to going back to the US in 2021 and apply n400 in 2023. When they ask about the trips outside of US, does this question mean 3 year since I file n400? which is 2020 to 2023

Because Im outside of the US from 2020 to 2021, will it create problem during n400 interview?

or should I wait until 2024 and apply for n400, assume that from 2021 to 2024, i did not travel outside of the US, so there should be no trip outside of the US at all.

 

Which year should I apply, 2023 or 2024

 

Thanks guys for your help, Im really appreciate it.

I think you will need to wait five years after you come back or best case 2 years and one day if the clause at 16 applies to you

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

An applicant who is required to establish continuous residence for at least 5 years ^[15] 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 ^[16] may apply two years and one day after returning to the United States to resume permanent residence. ^[17] 

 

 

[xyz12345 260]

My take here is that since you even haven't spent a year in the US since you got your GC before leaving for VN, the earliest time you can apply is 3 years after your 2021 arrival minus 90 days (for marriage-based applications).

 

I think that if you have at least spent a year in the US as an LPR before leaving, then that one year is credited towards either the (2 year+1 day) or  (4 years+ 1 day) rule.

 

 

[ivantran85 1]

So its best for me to apply for is "the earliest time you can apply is 3 years after your 2021 arrival minus 90 days (for marriage-based applications)."

I shouldn't use the 2 years and 1 day rule for my case right?

 

Thanks you

[xyz12345 260]

1 hour ago, ivantran85 said:

So its best for me to apply for is "the earliest time you can apply is 3 years after your 2021 arrival minus 90 days (for marriage-based applications)."

I shouldn't use the 2 years and 1 day rule for my case right?

 

Thanks you

That's my take but I'm no immigration lawyer. Not exactly the same as your case but here's an example of 4 (or 2 ) years+1 day rule (https://citizenpath.com/continuous-residence-physical-presence-requirements/)

 

 

Example 2: Edward

• Jan 1, 2000 – Edward becomes a permanent resident through employment.
• Jan 1, 2001 to Jan 2, 2002 – Edward took a 1-year vacation to the Philippines and came back with a reentry permit. He took no other trips abroad.
• Jan 1, 2005 – Though it’s been 5 years since Edward became a green card holder, his vacation from Jan 1, 2001 to Jan 2, 2002 disrupted the continuous residence requirement because the trip was over a year. Thus, the clock started again on Jan 3, 2002.
• Jan 3, 2006 – Edward is eligible to apply for naturalization under the “four years and one day” rule. He can file Form N-400 four years and one day after returning to the U.S.

Edited February 7, 2020 by xyz12345

[ivantran85 1]

Thank you so much for your reply

After extensive research in this forum, I have decided that I will wait exactly 3 years and apply for my N400. I would simplify my case.

I have another quick question wanna ask. For the trip outside the US, does it count 3 years since the date I file N400? I apply under 3 yrs marriage rule

For example, if I file N400 in June 2024, when they ask about the trip outside of US, do I use travel history period from June 2021 to June 2024 (3 years)

 

Thanks guy

 

[xyz12345 260]

8 hours ago, ivantran85 said:

Thank you so much for your reply

After extensive research in this forum, I have decided that I will wait exactly 3 years and apply for my N400. I would simplify my case.

I have another quick question wanna ask. For the trip outside the US, does it count 3 years since the date I file N400? I apply under 3 yrs marriage rule

For example, if I file N400 in June 2024, when they ask about the trip outside of US, do I use travel history period from June 2021 to June 2024 (3 years)

 

Thanks guy

 

Yes, 3 years of trips prior to submission. You don't have to wait exactly 3 years. The earliest date of submission for marriage based applic is 3 years minus 90 days BUT (!!!) if you want the safest and least headache way, submit after 3 years minus (0 to 85) days.

 

In my case, I thought I would be one of those people who would send their application on their very first day of eligibility.  Having no submission deadline was actually harder for me because I kept checking on my application to see if I answered correctly. I ended up submitting my residence-based application at 5 years minus 45 days.