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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hey Visa Journey!

 

I'm currently in Canada for an extended visit. I just wanted to know, will my time out of the U.S. currently affect my pending N-400 application? I applied last month under the 3 year spousal category  but as of May, 2020, marked our 5 year anniversary. I'll be back in the U.S well before the 6 month mark required for Green Card holders but was just curious to  know how and when  USCIS gauges the time period to be eligible for citizenship. From the in information I've provided is there anything else I should be aware about? Answers are much appreciated, Thanks!!

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
11 minutes ago, Michael_88 said:

Hey Visa Journey!

 

I'm currently in Canada for an extended visit. I just wanted to know, will my time out of the U.S. currently affect my pending N-400 application? I applied last month under the 3 year spousal category  but as of May, 2020, marked our 5 year anniversary. I'll be back in the U.S well before the 6 month mark required for Green Card holders but was just curious to  know how and when  USCIS gauges the time period to be eligible for citizenship. From the in information I've provided is there anything else I should be aware about? Answers are much appreciated, Thanks!!

Yes, time outside of the US can affect your eligibility for N400 as you need to meet the residency requirements. They will look at your total time out of the US (not just this one time) I'm unsure of the website but there was one that you could enter all the times you've been out of the country and it would should when/if you qualify Here are some other sources though https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/continuous-residence-and-physical-presence-requirements-for-naturalization

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Filed: K-1 Visa Country: Canada
Timeline
Posted
1 hour ago, Luckycuds said:

Yes, time outside of the US can affect your eligibility for N400 as you need to meet the residency requirements. They will look at your total time out of the US (not just this one time) I'm unsure of the website but there was one that you could enter all the times you've been out of the country and it would should when/if you qualify Here are some other sources though https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/continuous-residence-and-physical-presence-requirements-for-naturalization

Thank you for providing the links, very informative. I was technically eligible to apply since spring of 2018, under my category. Does a person applying well after the 3 year mark benefit in anyway now? I'm still married, have only stayed out of the country a bit shy over a month in my 5 years of living in the U.S. In that case, haven't I successfully proven my residency requirement? I just wanted a bit more insight  for those who have  surpassed the 3 year rule for U.S. citizen spouses.

Filed: Citizen (apr) Country: Haiti
Timeline
Posted
32 minutes ago, Michael_88 said:

Thank you for providing the links, very informative. I was technically eligible to apply since spring of 2018, under my category. Does a person applying well after the 3 year mark benefit in anyway now? I'm still married, have only stayed out of the country a bit shy over a month in my 5 years of living in the U.S. In that case, haven't I successfully proven my residency requirement? I just wanted a bit more insight  for those who have  surpassed the 3 year rule for U.S. citizen spouses.

Yes, if you've only spent a month out of the country in 5 years you won't have a problem. My husband has spent approximately 60 days total out of the country in the same amount of time and he qualifies. (He applied under the 3 year rule however he just hit 5 years this past month; and is awaiting an interview) Some people spend just about the same amount of time out of the country as they do in; and wonder why they don't qualify; and I didn't know your past travel history; but what you stated you shouldn't have a problem at all. I wish I knew the site where you could put in the dates you've been out of the country and it shows if it affects your residency

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

 
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