2 year 1 day rule

[watdog 8]

Going to start applying for the naturalization however, I seem to remember a 2 year and 1 day rule.  Wife and I are married and total time together is 5 1/2 years.

 

Specific situation:

Entered US in February 2014, fiance visa
Married March 2014

Husband lost job November 2015
Husband took traveling job and left US July 30th, 2016,  US company working overseas.  Wife got re-entry to preserve green card.  Wife was self employed prior and self employed upon returning to US.  Healthcare maintained in US.  Wife did not work while overseas.
Returned home December 26th 2016.  Total length of time outside US=148 days
Left January 14th, 2017 to July 1st, 2017.  Total length of time outside US=166 days

 

Can we apply for citizenship?  I seem to remember a 2 year and 1 day rule after we return which would make July 2nd, 2019 the date we can apply. 

 

Confused as everything I'm reading is saying 5 years but then 3 for married to US citizen spouse.

Edited July 16, 2019 by watdog

[JeanneAdil 6,511]

read the requirements for a spouse of USC

you say K1 visa so one is a USC

and later say can we apply?

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

no 2 year 1 day rule

all the requirements are listed on this site

[Russ&Caro 1,549]

Never heard of a 2 year and 1 day rule here on Visa Journey. Probably not a real thing.

 

You can apply for naturalization based on your marriage to a USC, 2 years and 9 months from receiving your green card.

 

You can apply for naturalization without relying on a USC spouse, 4 years and 9 months from receiving your green card.

 

Your wedding date is immaterial. The date you received your green card determines when you can apply.

 

You have to have had physical presence in the US for 18 months of the previous 36 months from the date you apply. See USCIS site for more info. It's very detailed and clear. Good luck.

[arken 4,197]

2 years and 1 day from the last US entry rule exists for naturalization via spouse of a USC if the LPR has returned to US from a trip lasting more than a year.

 

Your wife didn’t travel for more than 1 year in one trip so doesn’t apply. However be prepared to provide evidences of continuous residence if asked about in those two trips since they were pretty close to each other. 

 

Edited July 16, 2019 by arken

[watdog 8]

Thanks Arken.  That's what I was looking at.  They might consider the two trips 1 long trip which is still less than a year.  We had a re-entry permit as we knew it might take that long for work.  I was unemployed prior and decided to take the position not knowing it would be an issue towards residency, or it would take that long.  We moved our stuff into my sisters house, about 1 mile away and rented our current place to family.  We have since been back and living in our place for a little over 2 years and 1 day.

 

 

5 hours ago, Russ&Caro said:

Never heard of a 2 year and 1 day rule here on Visa Journey. Probably not a real thing.

 

You can apply for naturalization based on your marriage to a USC, 2 years and 9 months from receiving your green card.

 

You can apply for naturalization without relying on a USC spouse, 4 years and 9 months from receiving your green card.

 

Your wedding date is immaterial. The date you received your green card determines when you can apply.

 

You have to have had physical presence in the US for 18 months of the previous 36 months from the date you apply. See USCIS site for more info. It's very detailed and clear. Good luck.

It's because we left the US.  It breaks the continuous residence.  Even though we still had a place in the US.  All the time prior to leaving doesn't count towards continuous residence in the US.

 

As for the evidence.  How do we go about proving these?

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.

 

She left her self employment contract 2 months prior to leaving.  She did not obtain employment while abroad.

Applicant's immediate family is still in the Philippines, none of her family is in the US.

Retained full access to our place and rented out to family.  Changed drivers license and address and moved into my sisters during that time.  No rent or bills changed.

Taxes still paid to USA.  Tax documents are both joint, medical maintained in the US as well.

 

I'm unsure how to prove she didn't work abroad, and immediate family.  Old drivers license shows our address change and when we changed it.  So I could use that for the last but unsure about the others.

 

Edited July 16, 2019 by watdog
wrong wording

[watdog 8]

5 hours ago, JeanneAdil said:

read the requirements for a spouse of USC

you say K1 visa so one is a USC

and later say can we apply?

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

no 2 year 1 day rule

all the requirements are listed on this site

At the bottom of that link click the A Guide to Naturalization for Spouses.  It talks about the breaking of continuous residence. 

[JeanneAdil 6,511]

1 hour ago, watdog said:

At the bottom of that link click the A Guide to Naturalization for Spouses.  It talks about the breaking of continuous residence. 

yes,  it does

read all the requirements 

[watdog 8]

13 minutes ago, JeanneAdil said:

yes,  it does

read all the requirements 

You mentioned no 2 year and 1 day rule.  It's in eligibility after break in residency.

 

Your original post.

7 hours ago, JeanneAdil said:

no 2 year 1 day rule 

There is a 2 year and 1 day rule.  So can my wife apply and are we eligible? and how would I prove that.  That's all I'm looking for.

[watdog 8]

1 hour ago, watdog said:

As for the evidence.  How do we go about proving these?

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.

 

She left her self employment contract 2 months prior to leaving.  She did not obtain employment while abroad.

Applicant's immediate family is still in the Philippines, none of her family is in the US.

Retained full access to our place and rented out to family.  Changed drivers license and address and moved into my sisters during that time.  No rent or bills changed.

Taxes still paid to USA.  Tax documents are both joint, medical maintained in the US as well. 

 

I'm unsure how to prove she didn't work abroad, and immediate family.  Old drivers license shows our address change and when we changed it.  So I could use that for the last but unsure about the others.

 

From previous post of how I go about proving it...

[watdog 8]

Everything else regarding the application we meet.  It's just the continuous residency I'm concerned about.