N-400: "Time Outside the US" question

[deanysus 0]

Hey,

 

I'm not sure about the Form N-400, Part 9. Time Outside the United Stated question, and was wondering if someone can advise me how to approach this better.

 

Situation: In the last 5 years, I've traveled outside of the US only two times, both at the start of my residency, which started in July 2012 (first time I was away for 11 months (July 2012 - June 2013), and second time for 5 months (June 2013 - December 2013)). When I first got US Permanent Resident card, I mistakenly thought that I'm allowed to stay out of the US for 1 year instead of 6 months, so I went back to Europe and worked to save up money. Then I visited the US after 11 months, and went back to Europe for another 5 months for a final preparation to leave the EU for good. I haven't left the US once since I moved here permanently in December 2013.

 

Question: Will that one stay outside of the US for a period of 11 months get my N-400 denied? Should I maybe wait for a year and file N-400 then? Because at that point I don't need to mention the 11-month trip (because it's outside of the 5 year period), and I will have stayed in the US for 4.5 years without leaving once, with around 168 days total outside of the US over the last 5 years.

 

I'd rather apply sooner, but don't want to have the application denied. Should I wait?

 

Thank you!

Edited August 4, 2017 by deanysus

[Umka36 781]

Have you looked at this?

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[deanysus 0]

3 hours ago, Umka36 said:

Have you looked at this?

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

Oh, I've never looked at this page. Thanks.

 

In there, it says: "An applicant who is required to establish continuous residence for at least five years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence."

 

According to the above, I will fit the criteria in December this year (4+ years of continuous residence). However, do you know if I need to first get denied and re-apply, or can I just wait until December without applying and only apply when I hit the 4+ years mark?

Edited August 5, 2017 by deanysus

[Umka36 781]

I would file in December if you fall under the criteria that you mentioned. Don't file early just to get denied, because it's just going to waste your time and energy to refile.

[deanysus 0]

29 minutes ago, Umka36 said:

I would file in December if you fall under the criteria that you mentioned. Don't file early just to get denied, because it's just going to waste your time and energy to refile.

Got it. Yes, in December 2017 I will have been in the US 4+ years without ever leaving. Will file then. Thank you!