citizenship question

[Coach0422 0]

Hi i just apply or my citizenship last december 3. Im just worried because i stay in my country for almost a year. 

[Going through 5,671]

11 hours ago, Coach0422 said:

Hi i just apply or my citizenship last december 3. Im just worried because i stay in my country for almost a year. 

 

More info is needed to properly comment:

 

Are you applying under the 3 or 5 year rule?

Did you have a re-entry permit when you left the US?

Was the time abroad out of your control (and can be proven) for a medical emergency, etc.?

Was this time abroad almost one year in ONE trip, or did you go back and forth to the US and adding up the total?

How many other trips have you taken since becoming a LPR? (List travel dates)

Did you work in your home country during that year?  How did you support yourself for a year abroad?

Did you set up your own residence/apartment in your home country during that year?  Where did you stay?  

 

Depending upon your answers to the above, is what can help determine whether you have broken the physical and/or continuous residency requirements.

[Coach0422 0]

Are you applying under the 3 or 5 year rule?

**im applying under 3 year rule

Did you have a re-entry permit when you left the US?

**i dont have. Because its supposed to be a 3 weeks vacation only. 

Was the time abroad out of your control (and can be proven) for a medical emergency, etc.?

**my husband has a ex wife in the philippines but theyre divorce. She sue my husband and my husband got a hold departure.

Was this time abroad almost one year in ONE trip, or did you go back and forth to the US and adding up the total?

**its just one trip. 

How many other trips have you taken since becoming a LPR? (List travel dates)

**december 24,2015 to february 3,2016

**june 2,2017 to may 27,2018

Did you work in your home country during that year?  How did you support yourself for a year abroad?

**no, my mother in law and my father in law here in the us send us money every month.

Did you set up your own residence/apartment in your home country during that year?  Where did you stay?  

**no, we lived in my parents home in the pjilippines.

[Coach0422 0]

My greencard residence since 7/28/2014

[afrocraft 313]

You have a lot of work to do. You will likely get denied unless you proactively provide copious and compelling evidence detailed below. Among the requirements for naturalization, in your case you have to show at the time you applied for N400 that since becoming a US resident:

• You were physically present for in the US for at 18 months
• You did not break continuity of residence. Because you were out of the US for more than 6 months during a single trip, USCIS will assume, until you can produce evidence otherwise, that you broke continuity of residence. That means the burden is on you to show, by producing evidence about the trip over 6 months, that:
  • It was intended to be a short trip (letters/emails about the trip, trip reservations, emails/letters/other evidence about why you extending the trip, etc.);
  • You maintained strong ties to the US (US apartment lease AND utility bills, letters addressed to you at your US residence; evidence that you did not give up your job in the US; evidence you continued to file taxes as a US resident; evidence of continued health coverage; evidence your family stayed in the US); AND
  • You had loose ties to the country you visited (bills showing you stayed in hotels/short lets;  evidence that you did not work abroad).

Good luck!

[Coach0422 0]

Thank you i just took my biometrics last january 4 waiting for my interview date

[Going through 5,671]

At a quick glance from your dates, it doesn't look like you broke the physical presence requirement---however you may have a harder time proving you didn't break the continuous presence requirement.  

 

The IO will look at things such as whether you were abroad with your immediate family members or not (you were with your husband), if you were employed in the US and quit your job while abroad, and whether the stay was out of your control (while your husband had a travel hold, there was nothing actually preventing you from returning to the US, other than you choosing to remain with him abroad---however, if you were not employed at that time and had no means of supporting yourself in the US without your husband, I would make mention of this if brought up at your interview).

 

Good luck.