N-400, Time Outside The USA

[RVP10 2]

A question for eveyone regarding Part 7, Question A. on the N-400: How many total days did you spend outside of the United States during the past three years?

I became a permanent resident on 3/12/2009. Based on three years since my green card was initiated, what is the maximum number of days allowed spent outside of the USA? I'm curious to see your answers.

I will respond and explain once I get a few answers.

Thanks in advance for the replies!

Edited September 10, 2012 by RVP10

[JohnR! 5,495]

A question for eveyone regarding Part 7, Question A. on the N-400: How many total days did you spend outside of the United States during the past three years?

I became a permanent resident on 3/12/2009. Based on three years since my green card was initiated, what is the maximum number of days allowed spent outside of the USA? I'm curious to see your answers.

I will respond and explain once I get a few answers.

Thanks in advance for the replies!

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

Naturalization for Spouses of U.S. Citizens

In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

• Have been a permanent resident (green card holder) for at least 3 years
• Have been living in marital union with the same U.S. citizen spouse during such time
• Meet all other eligibility requirements under this section

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application

Good luck!

[RVP10 2]

Thanks Gegel. I've read the USCIS instructions and they are quite clear. I guess I should clarify, I'm looking for a physical presence number response: 500 days, 600 days...etc?

Edited September 10, 2012 by RVP10

[JohnR! 5,495]

Thanks Gegel. I've read the USCIS instructions and they are quite clear. I guess I should clarify, I'm looking for a physical presence number response: 500 days, 600 days...etc?

It is mentioned in the last bullet point:

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application.

[RVP10 2]

It is mentioned in the last bullet point:

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application.

OK, nobody wants to play this game, so I'll answer. 18 months = 1.5 years = 547.5 days physical presence is required. So, if you answer Part 7. question A. with a number that is 546 days (to be safe) or less, you would therefore still be elegible for citizenship based on the physical presence rule.

Does anybody disagree with that?

Edited September 10, 2012 by RVP10

[JohnR! 5,495]

OK, nobody wants to play this game, so I'll answer. 18 months = 1.5 years = 547.5 days physical presence is required. So, if you answer Part 7. question A. with a number that is 546 days (to be safe) or less, you would therefore still be elegible for citizenship based on the physical presence rule.

Does anybody disagree with that?

It could also be 540 if you do the simple math of 18 months @ 30 days....

I guess that the question here is how many days have you spent outside the US in the last 3years? That is what matters for your application.

[RVP10 2]

It could also be 540 if you do the simple math of 18 months @ 30 days....

I guess that the question here is how many days have you spent outside the US in the last 3years? That is what matters for your application.

540 days would be incorrect and very incompetent since not all months have 30 days. However, it would actually help if they did calculate it that way.

So here it is, I answered Part 7 question A. as 545 days spent outside the USA. Does that make me eligible or inelegible?

Edited September 10, 2012 by RVP10

[JohnR! 5,495]

540 days would be incorrect and very incompetent since not all months have 30 days. However, it would actually help if they did calculate it that way.

So here it is, I answered Part 7 question A. as 545 days spent outside the USA. Does that make me eligible or inelegible?

so long as you don't leave the country until your interview date you should be ok...

Edited September 10, 2012 by Gegel

[N M 96]

Based on your method at post #5, you've forgotten the leap year day.

366 + 365 + 365 = 1096 / 2 = 548 physical presence days required.

[RVP10 2]

so long as you don't leave the country until your interview date you should be ok...

EXACTLY, thank you Gegel!!! I should be ok, except if I happen to get an incompetent officer interviewing me...which is what happened on August 16.

I passed all parts of the interview and then he looked at my time spent outside the USA and said that I "didn't have enough days". I've been over this very thoroughly, so I was sure that I did have the right number with a few to spare, but I didn't want to argue with the officer and cause a bigger problem. Thinking back afterwards, I know now that he must have been reading the question incorrectly as days inside the USA, instead of correctly as days outside. That explains why he said I "didn't have enough days", instead of "I had too many days outside". I mean seriously, shouldn't these guys have a simple number to go by? Over 547 days = bad, Under 547 days = good. It's that simple.

So then he proceeds to tell me that he doesn't have time to do a detailed recalculation and he'd do it later in the day and then leave me a message as to what the decision was and I would get my oath date in the mail. And just in case, he also gave me the yellow RFE envelope with instructions to make copies of my passport pages illustrating time outside the USA and then list my travel dates again. I did all of that and sent it in the same day via certified mail, so I know it was received by somebody. That was August 20...nothing since. How can something so simple turn into such a nightmare? UNBELIEVABLE!!!

[RVP10 2]

Based on your method at post #5, you've forgotten the leap year day.

366 + 365 + 365 = 1096 / 2 = 548 physical presence days required.

Thanks. The leap year day actually helps me. I was outside for 545 days, which means I was physically present for 551 days. Three days to spare.

[JohnR! 5,495]

EXACTLY, thank you Gegel!!! I should be ok, except if I happen to get an incompetent officer interviewing me...which is what happened on August 16.

I passed all parts of the interview and then he looked at my time spent outside the USA and said that I "didn't have enough days". I've been over this very thoroughly, so I was sure that I did have the right number with a few to spare, but I didn't want to argue with the officer and cause a bigger problem. Thinking back afterwards, I know now that he must have been reading the question incorrectly as days inside the USA, instead of correctly as days outside. That explains why he said I "didn't have enough days", instead of "I had too many days outside". I mean seriously, shouldn't these guys have a simple number to go by? Over 547 days = bad, Under 547 days = good. It's that simple.

So then he proceeds to tell me that he doesn't have time to do a detailed recalculation and he'd do it later in the day and then leave me a message as to what the decision was and I would get my oath date in the mail. And just in case, he also gave me the yellow RFE envelope with instructions to make copies of my passport pages illustrating time outside the USA and then list my travel dates again. I did all of that and sent it in the same day via certified mail, so I know it was received by somebody. That was August 20...nothing since. How can something so simple turn into such a nightmare? UNBELIEVABLE!!!

You should have argued your case and explained to him why you believed you were eligible. Were any of the trips you took on business while working in the US? Normally you get a break from business trips.

If it doesn't happen this time, wait for the five-year mark. Hopefully until then you'll be staying longer stateside.

One other thing... If you are using your greencard to visit the US, chances are you will not be able to get your citizenship prior to five years.

Edited September 10, 2012 by Gegel

[RVP10 2]

You should have argued your case and explained to him why you believed you were eligible. Were any of the trips you took on business while working in the US? Normally you get a break from business trips.

If it doesn't happen this time, wait for the five-year mark. Hopefully until then you'll be staying longer stateside.

One other thing... If you are using your greencard to visit the US, chances are you will not be able to get your citizenship prior to five years.

You're right, I should have argued my case, but as you could imagine I was very anxious and thought that maybe I did make a mistake. I was also nervous about irritating the officer, as he was quite cocky..borderline arrogant. They hold all of the power. It wasn't until after the interview that I could think about it with a clear head and realized exactly what happened. I work in the USA for a very large US company and I was in fact working in the UK office during some of the trips, but would always combine it with family visits in the UK...etc. So the travel outside the USA was a mixed bag.

Just to clarify, I live, work and reside in the USA. I don't visit the USA.

I haven't been denied, but I'm getting a bit worried as I've heard nothing since responding to the RFE. My status on the USCIS website still states that my application is on hold until they receive the evidence, or the opportunity to submit it expires. Again, it was delivered to them on August 20 per my return receipt. We thought ours was such a simple case. I guess there's no such thing.

Edited September 10, 2012 by RVP10

[JohnR! 5,495]

You're right, I should have argued my case, but as you could imagine I was very anxious and thought that maybe I did make a mistake. I was also nervous about irritating the officer, as he was quite cocky..borderline arrogant. They hold all of the power. It wasn't until after the interview that I could think about it with a clear head and realized exactly what happened. I work in the USA for a very large US company and I was in fact working in the UK office during some of the trips, but would always combine it with family visits in the UK...etc. So the travel outside the USA was a mixed bag.

Just to clarify, I live, work and reside in the USA. I don't visit the USA.

I haven't been denied, but I'm getting a bit worried as I've heard nothing since responding to the RFE. My status on the USCIS website still states that my application is on hold until they receive the evidence, or the opportunity to submit it expires. Again, it was delivered to them on August 20 per my return receipt. We thought ours was such a simple case. I guess there's no such thing.

No, there is no simple case in matters of immigration, unfortunately. However, if you live and work in the US and as a result of your work you must travel extensively, all you need do is indicate those in your list and you should be OK. If you could attach a letter from your employer confirming the dates that would be even better.

My suggestion is that you be more forward and vocal in your interactions with the USCIS. That is their job, so there is no need to spare them of your questions.

[bigdog 376]

Why did you cut it so close as to have a problem? Seems you should have known the answer before you filed.