N400 after being gone about 9 months...pls help

[Paf 0]

I saw a place saying if we apply for a n400 we can't have any trips longer 6 months. We just had a baby and want to visit the wife's family. Example: If we leave April 1 and returns January 1 2015. She is eligible to send her N400 paperwork in as early as June 3 2014. Will we still have to worry about the 6 month or less outside the US rule is we don't even apply for the N400 until months after she is eligible? I didn't understand. The travel section says she can leave for up to a year and the N400 says PDF says she cant leave for more than 6 months...I am confused.

Edited February 10, 2014 by Paf

[TBoneTX 45,273]

*** Thread moved from Working & Traveling forum to the U.S. Citizenship forum -- topic involves N-400 qualifications. ***

[FirstOfficerD 5]

You could be out of the country; however you need to be back when you receive a letter from USCIS

i.e., interview appointment letter or any document/s pertaining to your application, on the other hand when you received your interview appointment letter, you can write to them and request for another interview date

There’s no such thing 6 months rule, however you cannot be out for more than 1 year

Your best bet, read the N-400 instruction

[Shub 78]

Theres no such thing 6 months rule,

Yes there is... and they will question you about it at your interview, and it's on you to prove you didn't break your continuous residence.

Please read part C1 of http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[Paf 0]

You could be out of the country; however you need to be back when you receive a letter from USCIS

i.e., interview appointment letter or any document/s pertaining to your application, on the other hand when you received your interview appointment letter, you can write to them and request for another interview date

There’s no such thing 6 months rule, however you cannot be out for more than 1 year

Your best bet, read the N-400 instruction

This is where my confusion is. Here is the PDF I am referring to from USCIS regarding the 6 months. It is on page 2. http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

[Paf 0]

FYI this is the 3 year rule based on a marriage visa. finished reading the part you sent me. My wife is a homemaker and doesn't have any of her family over here other than me and our newborn son. The only way I can make this trip work is if we put our things in storage while WE travel other there. I can pay rent in Cali and pay all the plane tickets. Will this be a problem?

Edited February 10, 2014 by Paf

[FirstOfficerD 5]

This is where my confusion is. Here is the PDF I am referring to from USCIS regarding the 6 months. It is on page 2. http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:^[11]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode

Even if you are absent for 6 months it will not affect you application if you have good reason to be away for 6 months

I know because my wife did it, she was gone for 9 months, however she provided the following upon returned

Her current credit card/s statement

Proof of joint ownership of the house

Her car registration

Her checking account

[Paf 0]

Would it work if I had my wife fly back to the US and stay a day after 5 month and then fly back for the remaining 4? Would this avoid the problem?

[Paf 0]

I don't want them to think I am working the system but I work a rotational type of job and have to travel every 3 weeks and the plane tickets are killer for me. The only way I can make it work is to get rid of the things that cost a lot to maintain. I.E. rent, car, debt, etc... I have had a job with travel the past 8 years. That is how I met my wife, but now with the family 3 tickets are to much to buy every few months and try to save for our future. Her family in the Philippines wants to meet our son so bad and we both have many friends we want to see. This is why our 9 month trip/tour home.

[warlord 73]

Would it work if I had my wife fly back to the US and stay a day after 5 month and then fly back for the remaining 4? Would this avoid the problem?

Remember the 6 month rule only means the ownership of who has to prove that the Green Card was not abandoned changes. Before 6 months the INS would have to provide the evidence that you broke your residency and or abandoned your Green Card. After being out for 6 months, you would instead have to prove to the INS that you didn't break your residency and or abandon your Green Card.

It's all about what you are doing when out of the country, be it 1 month or 9 months. If you are working for a non-US company in another country then you will have problems. If you are visiting family due to a new baby or someone being sick etc for 9 months, it won't be as much as an issue. It's all about the nature of your time outside the US..

Flying back for a day or a short time will do nothing. INS knows that you would be attempting to fraud the residency rules that way. Now if she flew to see you for a few weeks then back to the US and lived there for a few months that would work. Not the opposite...

[aussie_jason 195]

I don't want them to think I am working the system but I work a rotational type of job and have to travel every 3 weeks and the plane tickets are killer for me. The only way I can make it work is to get rid of the things that cost a lot to maintain. I.E. rent, car, debt, etc... I have had a job with travel the past 8 years. That is how I met my wife, but now with the family 3 tickets are to much to buy every few months and try to save for our future. Her family in the Philippines wants to meet our son so bad and we both have many friends we want to see. This is why our 9 month trip/tour home.

Wait... You have to travel for work but pay your own airfare? Are you working for a foreign company abroad as if you are a resident there? If it was a US based position then surely they would cover your own airfare and for long term assignments they will usually cover flights for your family every so often.

Actually sounds like you should be a resident of wherever it is you are working.

[Paf 0]

I work for a US based company but they don't care where you want to live. They only fly you to and from one airport in the US and that's in Alaska. If you want to live any other place you have to do the travel on your own.

[Big Papa Zone 93]

It's all about what you are doing when out of the country, be it 1 month or 9 months. If you are working for a non-US company in another country then you will have problems. If you are visiting family due to a new baby or someone being sick etc for 9 months, it won't be as much as an issue.

How would they possibly know?

[Shub 78]

How would they possibly know?

Part 7 of form N-400, Application for Naturalization, is about listing who you worked for, or what school you attended, and where, for the past 5 years.

Also, if you took a trip of more than 6 months outside of the USA, one of the pieces of evidence you must attach to your N-400 is IRS tax return transcripts for the past 5 years. Those transcripts, if you filled them out truthfully, should reflect your foreign-earned income (for example on line 21 of IRS form 1040).

Edited February 12, 2014 by Shub

[DC85 113]

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:^[11]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode

Even if you are absent for 6 months it will not affect you application if you have good reason to be away for 6 months

I know because my wife did it, she was gone for 9 months, however she provided the following upon returned

Her current credit card/s statement

Proof of joint ownership of the house

Her car registration

Her checking account

You are completely providing inaccurate information. And you are misunderstanding the paragraph that you are referring to!!!

Giving exception doesn't mean that it's ok!! Giving exception means they enforce this law and sometimes they give exception. I know 2 people who got denied because they have a trip more than 6 months{ and they have bank accounts ,family here, and other stuff]. Example for exceptions;

1- If you are full time student overseas they might give you exception

2- If you got a medical issues which made you unable to come back to the states they might give you exception.

your wife might have a very easy officer, not all of them are the same

Edited February 13, 2014 by myafi1985