USC Presence (or other) requirements

[Skyman 289]

What strange requirements may I (the USC) need to keep in mind while waiting for the 33 months to pass so we can submit her N-400? My wife (of 13yrs 2days) got her 10yr GC October 1 and I know she can't leave the country over 6 months or it will count against the 33 months. However, is there any similar restraint for me? I actually just returned from a 5 month trip to the Philippines a few weeks ago because our house/garage and pretty much everything else were destroyed by Super Typhoon Odette in December. She stayed here in San Antonio because we couldn't afford for both to go.  

 

Would there be some future problem with her Naturalization because of that trip?  What if I'd stayed longer?  🤔 

 

I expect both of us will go back to the Philippines 🇵🇭 in about June of 23 and she'll return under 6 months but would it be a problem if I stayed longer? Do I really need to be physically present in the US to file the N-400? Do I have to attend her interview? 

 

TIA

[Mike E 11,723]

2 minutes ago, Skyman said:

   

What strange requirements may I (the USC) need to keep in mind while waiting for the 33 months

33 months?

 

2 minutes ago, Skyman said:

to pass so we can submit her N-400?

If she will file N-400 on the  basis of being married 3 years to a U.S. citizen then it is expected she is actually living with that  citizen.  You being separated from each other for 5 months at a time might not be considered actually living together. 

2 minutes ago, Skyman said:

My wife (of 13yrs 2days) got her 10yr GC October 1 and I know she can't leave the country over 6 months 

Over 180 days and not over 6 months. There is a difference. 

[arken 4,197]

3 hours ago, Skyman said:

Would there be some future problem with her Naturalization because of that trip?  What if I'd stayed longer?  🤔 

No problem.

 

3 hours ago, Skyman said:

I expect both of us will go back to the Philippines 🇵🇭 in about June of 23 and she'll return under 6 months but would it be a problem if I stayed longer? Do I really need to be physically present in the US to file the N-400? Do I have to attend her interview? 

No effect Under 5 yr eligibility. 
 

As said, if you could minimize separation, she could file for citizenship in 3 years less 90 days since she became the LPR which would require just min of 18 months of her physical presence.

 

 

[arken 4,197]

4 hours ago, Mike E said:

Over 180 days and not over 6 months. There is a difference. 

What's wrong with saying over 6 months when USCIS itself uses generalized 6 months for 180 days eveywhere? 

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

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. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:^[9]

• The applicant is absent from the United States for more than 6 months but less than 1 year; or

• The applicant is absent from the United States for 1 year or more.

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these 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]

Edited July 4, 2022 by arken

[Family 3,473]

1 hour ago, arken said:

What's wrong with saying over 6 months

“What a difference a day makes 
24 little hours ..” 

Nothing wrong with saying it, as long as you know USCIS doesn’t mean it…as they count DAYS and will deny for shortage of one. 

[Mike E 11,723]

44 minutes ago, Family said:

“What a difference a day makes 
24 little hours ..” 

Nothing wrong with saying it, as long as you know USCIS doesn’t mean it…as they count DAYS and will deny for shortage of one. 

When USCIS says months assume they mean months when it would be to your disadvantage and assume they mean months * 30 = days when it would be to your disadvantage 

Edited July 5, 2022 by Mike E

[randy32 165]

If in doubt, file later. It does not have to be filed at exactly the 33 months mark.

Take 33 months, factor days outside the country (if the count against legal presence), add a few more days to be safe. File the petition.

 

One day too soon and you might end up refiling months later again after a rejection.

 

You spouse already has the 10 year GC.

 

There is no legal presence requirement for the USC.

Edited July 5, 2022 by randy32

[Family 3,473]

22 hours ago, Mike E said:

she will file N-400 on the  basis of being married 3 years to a U.S. citizen then it is expected she is actually living with that  citizen.  You being separated from each other for 5 months at a time might not be considered actually living together. 

@Mike E raises a very valid point on the 3 year rule also involving the couple “ live in marital union” …this would only come up if they become aware of the long stays outside for USC spouse…but no reason to volunteer the USC spouse’s travels. 

Issue can be overcome .

[Skyman 289]

On 7/4/2022 at 4:35 PM, arken said:

 she could file for citizenship in 3 years less 90 days since she became the LPR

That's the 33 months I mentioned. 

 

No need to get hung up in the weeds regarding 6 months or 180 days.  I won't be counting exact days/minutes to squeeze under the wire. Could be 5 months or 4.

 

Interesting point about the marital relationship. How ####### are they about that? Are they going to want evidence we sleep together?  We have property in the Philippines that requires maintenance and she needs to stay here to get her time in. It's not like I can pop over there on weekends. When we're in the same country we'll definitely be together and when we're apart we do some texting but not a lot because of the 12 hour time difference.  We'd video but Philippine internet is dismal.

 

Anyway, another concern I thought of is the residency thing. If we do this longish trip, the plan would be to do it at the end of our lease.  Put our van and stuff in a storage unit and head for the Phils. Then a new lease on return.  Might be the same complex but very unlikely the same apartment.  That would be about 8-10 months before we could send the N-400. 

 

[Family 3,473]

The physical presence you take care of by being exact on counting days out of US. 
The residence, I think you have a pretty solid plan in place ( maintain bank / credit accounts, file taxes, keep van & registration, storage..etc) 

” Marital union “ will NOT be an issue for you because you have been married for 13 years…just reviewed your post.