N-400 Continuous Residence Calculation & whether eligable to File N-400

[Road 2 Peace Arch 0]

Good morning!

Hello –

Need to check with forum members to make my calculations are correct. My wife is now a US Citizen. Her daughter arrived as a K-2 in 2010 and received her Permanent Resident status (green card): 09/08/2010. She returned to Philippines to finish her University studies (399 days) and returned to the US in 2011 with a re-entry permit in addition to her green card. She has since received her 10 year Permanent Resident status. Over the last five years she’s had one 28 day vacation with us to Philippines and a few trips with us to Canada for holidays.

My understanding is that she needs 5 years before she can apply for Citizenship with 30 continuous months in the US without leaving the country longer than 6 months in any given period in order not to reset the ‘continuous clock’ again. I may have this incorrect. She has the five years and I believe she meets the 30 continuous months but again, I want to be sure before we send the application and fees in for processing. Please let me know your opinion.

I am completing the N-400 with her and below is her total time time out of country. The longest period was the 399 University period, then a 28 day trip back to Philippines for vacation and several trips to Canada for the weekend.

Total Days of 24 hours or longer spent out of the US = 466 days

Total trips out of the US during the last 5 years = 10

Thanks!

[Georgia16 2,858]

If she was under the age of 18 when her mon became a citizen and she lived with her she would be a citizen too...

[JimmyHou 613]

Good morning!

Hello –

Need to check with forum members to make my calculations are correct. My wife is now a US Citizen. Her daughter arrived as a K-2 in 2010 and received her Permanent Resident status (green card): 09/08/2010. She returned to Philippines to finish her University studies (399 days) and returned to the US in 2011 with a re-entry permit in addition to her green card. She has since received her 10 year Permanent Resident status. Over the last five years she’s had one 28 day vacation with us to Philippines and a few trips with us to Canada for holidays.

My understanding is that she needs 5 years before she can apply for Citizenship with 30 continuous months in the US without leaving the country longer than 6 months in any given period in order not to reset the ‘continuous clock’ again. I may have this incorrect. She has the five years and I believe she meets the 30 continuous months but again, I want to be sure before we send the application and fees in for processing. Please let me know your opinion.

I am completing the N-400 with her and below is her total time time out of country. The longest period was the 399 University period, then a 28 day trip back to Philippines for vacation and several trips to Canada for the weekend.

Total Days of 24 hours or longer spent out of the US = 466 days

Total trips out of the US during the last 5 years = 10

Thanks!

I may have misunderstood, but wasn't the 399 day trip in 2011? If it was more than 5 years ago, you don't even need to list it on the form.

You say that over the last 5 years she's only had one 28 day trip abroad. If that's the case, then there's no issue with the 399 day trip.

If that isn't the case, then the 399 day trip probably broke continuous residency and she can apply 4 years and 1 day from the day she returned to the US.

The no trips of 6 months is a vague issues... some trips over six months don't break continuous residence and some trips under six months do.

Personally, I'd just avoid the whole issue by applying when it's been 5 full years since she came back from the 399 day trip (if it's only going to make a few months' difference).

[Road 2 Peace Arch 0]

I married her mother in 2010 (K-1) Visa and step-daughter (20 years old at the time) arrived from Philippines later in 2010 as well as K-2. Daughter received her 2-year Green Card and then departed back to Philippines October 2010 with an approved re-entry permit. Daughter returned back to USA November 2011 (399 day duration out of US). No problems with re-entry and subsequent 10 Green Card issuance after she returned from Philippines. Since October 2011, she's traveled back to Philippines once for 28 days and several trips to Canada, mostly weekends but one 10 day vacation to Canada. If I removed the 2010-2011 trip to Philippines, she have a total of 67 days out of the country over the last five years but, I dont think eliminating the 399 days in Philippines is correct.

My math may be faulty but five years from today is March 14, 2011 and she returned from Philippines on November 19, 2011. Doesn't that time fall within the 5 year period and you'd need to include it?

[JimmyHou 613]

I married her mother in 2010 (K-1) Visa and step-daughter (20 years old at the time) arrived from Philippines later in 2010 as well as K-2. Daughter received her 2-year Green Card and then departed back to Philippines October 2010 with an approved re-entry permit. Daughter returned back to USA November 2011 (399 day duration out of US). No problems with re-entry and subsequent 10 Green Card issuance after she returned from Philippines. Since October 2011, she's traveled back to Philippines once for 28 days and several trips to Canada, mostly weekends but one 10 day vacation to Canada. If I removed the 2010-2011 trip to Philippines, she have a total of 67 days out of the country over the last five years but, I dont think eliminating the 399 days in Philippines is correct.

My math may be faulty but five years from today is March 14, 2011 and she returned from Philippines on November 19, 2011. Doesn't that time fall within the 5 year period and you'd need to include it?

Yep, you're right.