Applying for citizenship with 10 months absence

[Mohammad 0]

Hello VJ's,

I need your help and advice with my math
I got my green card on 8/10/2010
I stayed with my 5 months preganant wife for 1 month in the US ( left 9/3/2010, Wife was employed overseaes before i got my immigrant visa)
went back to egypt for almost 299 days( to have the baby there beacuse our overseaes insurance and to finish contract)
We came back to the US on 6/29/2011( stamped passport with OUT FOR 10 MONTHS), and we did not leave since that date.
I am thinking to apply for citizeship soon may be next month March 2014
( My wife is USC ) so i am appling based on the 3 years period.
Can you advice me if i am in the safe side to apply. is my math wright?

I did the math this way

Became LPR 8/10/2010..........> if we ignore the fact that i have been absebt for 10 months.....> should be eligible for citizenship on 8/10/2013 or 90 days earlier

if we are going with the 2 years +1 rule after breaking continoues residence( 6/29/2011 date we came back) ................> 8/30/2013

That does not make any sense to me beacuse the two eligibelity dates are 20 days apart

OK, if we went the other way from 6/29/2011..............> today date 02/24/2014 = 2 years, 7 months, and 26 days.

Should i wait , or go head and fill my N400
Thank you
Mo

[Shub 78]

An absence from the US of more than 6 months but less than a year is something you will need to justify to USCIS during your interview. It does not disqualify you from applying for citizenship. Whether or not you broke the continuous residence requirement depends on why you left the US for so long and what you did while you were outside of the US.

Here's how I see it: you said you re-entered the US on June 29th, 2011 and have remained here since. I would add 3 years from that date and apply no sooner than 90 days before that date -- which means you should apply after March 30th of this year. It's just over a month away so it's not like you have a lot of waiting to do, and it'll save you from having to justify your lengthy absence since you will meet the continuous residence requirement beyond question.

[Mohammad 0]

Shub,

I agree with you, one more month wont hurt.

Thank you

Mo

[JimmyHou 611]

Hello VJ's,

I need your help and advice with my math

I got my green card on 8/10/2010

I stayed with my 5 months preganant wife for 1 month in the US ( left 9/3/2010, Wife was employed overseaes before i got my immigrant visa)

went back to egypt for almost 299 days( to have the baby there beacuse our overseaes insurance and to finish contract)

We came back to the US on 6/29/2011( stamped passport with OUT FOR 10 MONTHS), and we did not leave since that date.

I am thinking to apply for citizeship soon may be next month March 2014

( My wife is USC ) so i am appling based on the 3 years period.

Can you advice me if i am in the safe side to apply. is my math wright?

I did the math this way

Became LPR 8/10/2010..........> if we ignore the fact that i have been absebt for 10 months.....> should be eligible for citizenship on 8/10/2013 or 90 days earlier

if we are going with the 2 years +1 rule after breaking continoues residence( 6/29/2011 date we came back) ................> 8/30/2013

That does not make any sense to me beacuse the two eligibelity dates are 20 days apart

OK, if we went the other way from 6/29/2011..............> today date 02/24/2014 = 2 years, 7 months, and 26 days.

Should i wait , or go head and fill my N400

Thank you

Mo

I could be wrong, but I thought that for the 2 years + 1 day (or 4 years + 1 day) rule to kick in you have to have been out of the US for a full year. Is this not true?

And to answer your primary question, I agree with Shub above.

Edited February 24, 2014 by JimmyHou