what if n400 application is delayed and i want to travel more?

[steeeeve 27]

i have calculated it so my wife and myself are out of the US for less than 18 months over the 3 years between GC and N400 but i'm concerned that N400 processing will be delayed in future since the USCIS is clearly now in the business of kicking people out more than letting people in.

suppose it runs to 4 or 5 years (from PR)  before she gets an interview, does that also mean she can go over 18 months out of the country or are we stuck in the US waiting for an interview?

 

BTW, she can't apply until next Sept.

 

thanks

[Crazy Cat 45,787]

9 minutes ago, steeeeve said:

since the USCIS is clearly now in the business of kicking people out more than letting people in.

The rules for N-400 haven't changed, other than the test questions.......Your calculations are premature until it is time for her to apply for citizenship.  

Handy note:  Make you have a list of all her international trips and the dates.

Edited Friday at 09:20 PM by Crazy Cat

[appleblossom 5,403]

28 minutes ago, steeeeve said:

does that also mean she can go over 18 months out of the country or are we stuck in the US waiting for an interview?

 

She needs to meet the criteria at the time of applying, and 'up to the time of naturalization'. So no, she can't go over 18 months out of the country. 

 

If she wants to travel more then she'd be better off remaining a LPR and applying for a re-entry permit. 

Edited Friday at 09:39 PM by appleblossom

[steeeeve 27]

1 minute ago, appleblossom said:

 

She needs to meet the criteria at the time of applying, and 'up to the time of naturalization'. So no, she can't go over 18 months out of the country. 

 

If she wants to travel more then she'd be better off remaining a LPR and applying for a re-entry permit. 

i don't mean over 6 month on one trip, i was asking about cumulative time out of the US.  i'm asking because for none married 5 year applicants they get up to 1/2 the 5 years, i.e. 30 months out of the US

[appleblossom 5,403]

3 minutes ago, steeeeve said:

i don't mean over 6 month on one trip, i was asking about cumulative time out of the US.  i'm asking because for none married 5 year applicants they get up to 1/2 the 5 years, i.e. 30 months out of the US

 

Yes, so exactly the same as spouses, who also get 50% - 18 months out of 3 years. 

 

It doesn't matter if it takes 5 years for her to get to the citizenship interview, if she applies under the spousal provision, then that's what she needs to meet the requirement of. 

[steeeeve 27]

10 minutes ago, appleblossom said:

 

Yes, so exactly the same as spouses, who also get 50% - 18 months out of 3 years. 

 

It doesn't matter if it takes 5 years for her to get to the citizenship interview, if she applies under the spousal provision, then that's what she needs to meet the requirement of. 

ok thanks, well hopefully it will not take 4 or 5 years from PR to get an interview. we don't want to spend winters in the US. in Queenstown NZ now and its perfect. 

Edited Friday at 10:02 PM by steeeeve

[appleblossom 5,403]

12 minutes ago, steeeeve said:

ok thanks, well hopefully it will not take 4 or 5 years from PR to get an interview. we don't want to spend winters in the US. in Queenstown NZ now and its perfect. 

 

As long as you apply as soon as she's eligible, there's no way it should take that long. 

 

But winters out of the US should be fine anyway, if you spend 3 seasons in the US and only one out of it, then she'll easily meet the continuous residence requirement. 

 

Good luck. 

[JD2 216]

13 hours ago, steeeeve said:

suppose it runs to 4 or 5 years (from PR) 

I think this is far fetched.  Look at timelines for your USCIS local here and on social media.  My city seems to be 3 to 6 months from filing to interview.  But things could change.  Trump's recent social media rantings don't give comfort but who knows what he means in practice.  Trump's words are like a Rorschach test, people see whatever they want.  All we can do is take our best shot.  

 

13 hours ago, steeeeve said:

does that also mean she can go over 18 months out of the country

Per USCIS Policy Manual "An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required."  3 years is 36 months divided by 2 equals 18 months.  You can go over 18 months as long as you still have 50% in the USA.  Until you get your Naturalization Certificate in hand, I would make sure you meet all the requirements for the N-400 on any given day, including physical presence of at least 50% of the time on US soil.