Can we file N 400 - Need your advice please

[ChaPra2016 2]

Travel History from I-94

-------------------------------

- 2020-03-05 Arriving in NYC  -- out of USA for almost 11 months during this trip due to baby birth(can prove continuous residence with tax returns, bank account, spouse employment, lease etc)

- 2019-04-01 Departure NYC  --  5 m 10 d (160 d) 
- 2018-10-21 Arrival NYC 
- 2018-09-21 Departure NYC --      10 m 7 d (307 d) 
- 2017-11-04 Arrival NYC 
- 2017-07-28 Departure NYC -----     58 days 
- 2017-05-31 Arrival NYC

           -----------------------------------------------------------------------------

                                     ::::: 525 days physically present in USA out of 3 years (-90 days)

---------------------------------------------------------------------------------

::Resident since--May 31st 2017 
::Green Card expires on May 31st 2019
::N-400 based on 3 year rule 

 

 

 

 

 

[milimelo 4,481]

Add 11 months you were out and apply closer to 5 year rule. 

[arken 4,197]

If and only if they are to accept your evidences of continuous residence, you can file for it after you come back per early filing as you will have 18 months of physical presence by 3 yr mark, however i’ll suggest you file for it after you accrue at least 547 days of presence.

 

Did you file for ROC?

Edited February 26, 2020 by arken

[ChaPra2016 2]

Apologies!  wrong calculation...

 

Actually spouse physically present in USA for 541 days ...

 

Yes, we did file ROC on Mar 4th, 2019 and completed Bio metrics . Current status is waiting to be scheduled for an interview since Jun 12th 2019

[xyz12345 260]

2 hours ago, arken said:

If and only if they are to accept your evidences of continuous residence, you can file for it after you come back per early filing as you will have 18 months of physical presence by 3 yr mark, however i’ll suggest you file for it after you accrue at least 547 days of presence.

 

Did you file for ROC?

to add to arken, if you can prove continuous residence, you can apply in April 2020 based on 3-yr marriage rule.

[ivantran85 1]

There is an update in break-in continuous presence for n400. please read thoroughly, i think it will help clear up your case

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

[ChaPra2016 2]

Thank you all for your input!

It would be great if somebody in similar situation went/going through the N-400 process can share their experience.

[SusieQQQ 11,586]

49 minutes ago, ChaPra2016 said:

Thank you all for your input!

It would be great if somebody in similar situation went/going through the N-400 process can share their experience.

well, it’s all down to whether you are confident you have enough evidence to rebut the presumption of break in continuous residence. No one else is going to have the exact same situation and evidence as you.