URGENT: N-400 application. Stayed outside US for 7 months; wife was not well

[paadoggi 1]

Greetings all,

I got my Green Card in Jan 29, 2007. I'm hoping to file for my citizenship (N-400) next week. It seems that I may have broken my continuous residence requirements since I was in Ghana from July 26, 2011 to February 20, 2012 (209 days). My only other travel outside was 2 years ago for 51 days.

• The reason why I was there for this long is because my wife whom I married (in August, 2011 while there) was sick for some time so I had to stay with her to support her. I really did not know anything about the 6> months plus situation until yesterday. By the way I also filed I-130 for her just 2 days ago.
  
• I moved back to the same address in the US. I actually live with my US citizen mother along with two brothers (both brother's are citizens; one qualified under the derivative rule. He was under 18 when mother became a citizen in 2004) in the same house. We have been at this address for almost 5 years now. I support her sometimes with bill payments but the house is actually in her name.
  

This is what I can get:

• Have driver’s license with same address.
  
• Could get some hospital bills etc from wife in Ghana (this will take about 2 weeks or so).
  
• I maintained my bank accounts (2 different banks). I used my account for transactions abroad when I overstayed my trip.
  
• I have been renting small unit storage since August, 2011. I have the payment history from August with my name on it.
  
• I have 3 years of IRS tax and then hopefully 2011 tax by interview time.
  
• I have some 401k history up till my employment ended but the account is still active with Fidelity even though nothing goes in.
  

My employer had to let me go in September after I overstayed my Vacation time. I was paid by employer up till September 12, 2011.

1. What will I need to prove that I NEVER intended to be in Ghana for this long? Please help!

2. Also, what should I include with my application besides green card copy and passport pictures?

3. Or should I wait for the 4 years, 1 day rule thing?

Thank you for your time and God bless!

Edited March 4, 2012 by paadoggi

[VanessaTony 3,567]

Any stay outside of the US for 6+ months PAUSES the naturalisation clock, stays of 12+ months reset it back to zero.

The 4 years, 1 day rule doesn't apply because you weren't gone for more than 12 months (people with re-entry permits can do this).

Here: http://www.uscis.gov/files/article/attachments.pdf scroll to page 5. You fulfil the requirements (based on your post) to apply now BUT you must show the document listed here: http://www.uscis.gov/files/article/M-476.pdf page 48 (bottom of page). Seeing you don't have a mortgage/lease then you might want to consider getting your mother to write an affidavit stating you live with her, and anything else like bills that got mailed there. The storage shed could imply that you intended to leave but changed your mind, so I wouldn't include that personally.

[paadoggi 1]

Any stay outside of the US for 6+ months PAUSES the naturalisation clock, stays of 12+ months reset it back to zero.

The 4 years, 1 day rule doesn't apply because you weren't gone for more than 12 months (people with re-entry permits can do this).

Here: http://www.uscis.gov/files/article/attachments.pdf scroll to page 5. You fulfil the requirements (based on your post) to apply now BUT you must show the document listed here: http://www.uscis.gov/files/article/M-476.pdf page 48 (bottom of page). Seeing you don't have a mortgage/lease then you might want to consider getting your mother to write an affidavit stating you live with her, and anything else like bills that got mailed there. The storage shed could imply that you intended to leave but changed your mind, so I wouldn't include that personally.

Thank you Little Miss. I guess I will not attach the storage ledger. USCIS seems to be taken naturalization pretty serious these days. I filed for my I-130 could I use that as another reason why I wouldn't be breaking my residency? My goal is to get her to come live with me here. I pray that will make sense to who ever interviews me. When you pray say some for me. Thanks

[AaronLV 12]

Any stay outside of the US for 6+ months PAUSES the naturalisation clock, stays of 12+ months reset it back to zero.

A stay outside of the US for 6+ months does not Pause the naturalization clock. If it is longer than 6 months you have to provide documentation that you have kept ties to your residency such as Tax Returns and Mortgage statements.

The eligibility worksheet says only 1 year.