days to naturalization

[v333k 59]

Hi everyone!

My wife and I were having this discussion about when she got naturalized (several years ago) and she brought up an interesting question that I am not sure what the answer to it is.

Basically, will the days that we spent traveling outside the US be counted or not?

For example, I became a resident on Nov 19, 2007. Since then I have been on two trips outside the US for a total of 35 days. Now, I am eligible on August 21st to apply for naturalization, which is 90 days before my third year. Will the USCIS officer count Nov 19,2010 + 35 which will be Dec. 24 2010 and that is the earliest I can take the oath or these 35 days do not count?

From what I know, I need to be able to prove that I lived in the US 30 months out of the past 36 months....

Can you share your thoughts? If you have already been naturalized and the calculation above did not apply or is proven wrong, please share your story.

Edited March 14, 2010 by v333k

[sunny808 1]

Hi everyone!

My wife and I were having this discussion about when she got naturalized (several years ago) and she brought up an interesting question that I am not sure what the answer to it is.

Basically, will the days that we spent traveling outside the US be counted or not?

For example, I became a resident on Nov 19, 2007. Since then I have been on two trips outside the US for a total of 35 days. Now, I am eligible on August 21st to apply for naturalization, which is 90 days before my third year. Will the USCIS officer count Nov 19,2010 + 35 which will be Dec. 24 2010 and that is the earliest I can take the oath or these 35 days do not count?

From what I know, I need to be able to prove that I lived in the US 30 months out of the past 36 months....

Can you share your thoughts? If you have already been naturalized and the calculation above did not apply or is proven wrong, please share your story.

v333k, you should be fine filing 90 days prior to your 3rd year green card anniversary so long as you've already been married for 3 years at that time. the 90 day rule is based on continuous residency. the 35 days you were gone will not affect continuous residency, but will count only toward the physical presence requirement which is half of the 3 year statutory period (approx. 18 months) since you are filing under the marriage provision. the roughly 30 month requirement is for those filing under the regular 5 year permanent residency provision. best of luck!

[Kathryn41 3,205]

Agreed. You will be fine. You meet the continuous residency requirement and you meet the physical presence requirement.

[v333k 59]

Great! Thanks for explaining that....

[ziia 9]

Hi everyone!

My wife and I were having this discussion about when she got naturalized (several years ago) and she brought up an interesting question that I am not sure what the answer to it is.

Basically, will the days that we spent traveling outside the US be counted or not?

For example, I became a resident on Nov 19, 2007. Since then I have been on two trips outside the US for a total of 35 days. Now, I am eligible on August 21st to apply for naturalization, which is 90 days before my third year. Will the USCIS officer count Nov 19,2010 + 35 which will be Dec. 24 2010 and that is the earliest I can take the oath or these 35 days do not count?

From what I know, I need to be able to prove that I lived in the US 30 months out of the past 36 months....

Can you share your thoughts? If you have already been naturalized and the calculation above did not apply or is proven wrong, please share your story.

As long as you haven't been outside US for more than 6 months at the time, you should be fine. They don't count(subtract) anything as long as the trips are short . The continuous residency you prove with the Passport and your lease and US issued ID's, such as Drivers License.

I had a short trip to Canada a few years back when I was a GC holder and they swiped my Passport and GC. The problem came when I had to fill out my N400 because I forgot the exact dates of my trip to Canada. I didn't fly there so I didn't have any passport tickets to look at. I remembered the month and looked at the pics I took there and found the dates written on the pics so I "guessed" as approximately as I could the dates of my trip. There was no issue what's so ever...the officer asked me if I had trips outside US longer than 6 months and I said no. I'm sure if I had any he would have known anyway All together I had 3 trips outside the country, all of them less or equal to one month. My Oath date was assigned a week later past my interview

You're good

Edited March 15, 2010 by ziia