truthsmiles

You'll need to provide more details... Did the IO say anything about what was wrong with the proof of marriage? Have either of you been divorced? If so, did you show proof the previous marriage(s) ended properly? Did you provide evidence showing you were married and living together the whole of the last 3 years (joint bills, taxes, bank statements, property, children together, etc)?

If "disposition" was mentioned, it may mean there was some kind of legal issue (do you have any speeding tickets, arrests, etc?). If so, you'll need to go to the courthouse to get CERTIFIED copies of each case's disposition showing that you met all of your obligations (fines, probation, community service, etc).

You might be able to prove you didn't break continuous residence during your 10 month absence, but you should gather as much evidence as you can to show all of the documentation you mention above. More is definitely better.

Another, separate concern I have is whether you meet the physical presence requirement. You must have actually been inside the U.S. for at least 30 months (913 days) out of the last 5 years to be eligible. This is a different requirement from continuous residence. If you only came to the U.S. for a couple of weeks out of every 4 months, this could be a problem for you. Make sure to read up on physical presence and check your passport/dates of travel.

They have 120 days to send you the RFE. Try to be patient.

In the meantime, you can prepare by going to the courthouse where your tickets were adjudicated (judged) and requesting CERTIFIED copies of all "disposition records", which will show you have paid your fines, done your community service, etc, and you have satisfied the court. When the RFE comes, attach the ORIGINAL, certified copies of dispositions and you should be good. Be sure to make copies for yourself in case you are called in for a second interview.

Note that it's also possible USCIS will run the check themselves and find nothing serious, and simply approve your application, so don't stress too much about the delay. Good luck!

It's also my understanding that you won't be able to naturalize until you have completely served any sentences you receive (even if it's only probation).

Short version: To be safest, as long as you didn't leave the U.S. for more than 1 year, wait until it has been at least 5 years with NO trips longer than 6 months before you apply.

Longer version: There are actually two different requirements you may be mixing together. The first is physical presence. This means that, in total, you must have been actually physically present inside the U.S. for at least 30 months (really, 913 days) in the last 5 years. The second is continuous residence, which is a completely separate requirement. It means you must have "maintained residence" in the US during that entire time of 5 years. Now, if you never leave the US for longer than 6 months, it's assumed that you never 'broke' your continuous residence and you don't have to worry about anything except the physical presence requirement. But, if you left for more than 6 months (but less than one year), it's assumed you DID break your continuous residence... Now, it's possible to prove you maintained your residence, but it's more of a challenge. Usually this can be done by showing records that you maintained a home (paid rent, paid bills, had insurance), kept a U.S. job (shown with pay stubs from a U.S. company), and kept a family in the U.S. (kids school records, etc). The problem of course is that it's a judgement call by the immigration officer and you are in a position of proving they are wrong (remember, it's ASSUMED you broke continuous residence when left for more than 6 months). Since you don't have to list travel before 5 years before your application, you can avoid all of this by just waiting.

Now, if you left for more than 1 year at one time, more serious problems come in to play... You actually might have "abandoned" your status as a permanent resident, in which case I would recommend hiring an immigration attorney to help you before you even consider filing an N-400. You could theoretically risk not only losing your N-400 application fee, but also losing your green card.

Good luck and hope this helps!

YES. Just put zero. Even though the question states 5 years, it's applicable for both 3 and 5

To be safe, cross out "5" and write in "3" on the form. That way you are being clear and perfectly honest. It is not unheard of for immigration officers to try to find a reason to deny applications, and "lying" is a pretty good reason to deny an application.

2 months is no problem. However, sometimes plans change, so I will say this: If you stay outside of the US for longer than 6 months, it can "reset" your eligibility for becoming a citizen. And if you stay outside of the US for longer than 1 year, you can risk losing your permanent resident status.

As long as you keep the trip to less than 6 months, it won't hurt you at all.

(Also, I should mention that if you want to become a citizen, limit your TOTAL of all your trips outside the U.S. to less than half of your eligibility period, which is 5 years - or 3 years if you got your green card through marriage to a US citizen)

Hi, everyone

i apply for US citizenship and receive the oath ceremony this afternoon. however, in the letter, it says the appointment was scheduled on August 12 at 8:30 am. I totally missed the appointment when i got the letter. i call the USCIS immediately and asked them if they can directly reschedule an appointment for me, they say that they cannot do that and ask me to mail the letter back with explanation. I try to search similar cases online, some people say that they receive letter from the USCIS about absenting oath ceremony and tell applicants what to do next. so do i need to wait for the letter or i just immediately send the USCIS letter and explain why i cannot attend the ceremony?

if i need to mail the letter with explanation immediately, i am not sure which address i need to put on the envelop, the location where i support to do the oath ceremony or the one is on the top of the envelop i received. Do i also need to fill out the oath form or leave it as blank. Also, after i mail the letter back, will I receive a confirmation letter or email. If not, how long will they mail me the new appointment letter. In addition, since i miss the appointment, will it cause any delay of my case or they refused to go over my case again.

sorry for so many questions because i already freak out and so worry about my case. can anyone kindly help me or give me some advises.

my location is New York City

thank you so much

First, don't freak out :-) You haven't lost anything except time.

You can take the steps others have outlined (making appointments, calling), but almost certainly even if you do nothing, you will get a letter that says "You missed your oath ceremony... We've rescheduled you for another one, and here's the date/time: ______" This new scheduled time will likely be around 1 month after the last appointment (probably September 2nd or September 9th - usually on a Wednesday).

If you're in a hurry, try showing up NEXT Wednesday (August 19th) at the same location and time. Bring the letter, and everything with you as described in the letter. When you arrive, explain to the guard what happened. There is a good chance they will let you in and you will be able to take your oath as normal. This is a process that happens every Wednesday (and some Saturdays) for many people, and your situation is very common.

Good luck and please post an update when you get your Certificate of Naturalization so we can congratulate you!

EDIT: I see now you've already sent your letter back. That's unfortunate but not the end of the world. You can still try going next Wednesday with your copy and explain that you mailed it back in a panic. You probably have a 50% chance of success, depending on the guard and how nice you are :-)