Eligibility for naturalization

[Siri26 0]

Hi! I want to know if I'd be eligible to apply for naturalization. 

 

I'm married to a US citizen and I entered the US on 26 Dec 2016 with a conditional green card and I attended an interview to get my conditions removed and received my permanent green card in Jan 2020. During this time I didn't leave the US (3years+). I left for India on Jan 18 2020 and was stuck there until July and landed in the US on July 16, 2020. I waited cause I had to travel with a 2yr old (apprehensions of travelling during covid) ! (That's exactly 180 days) I landed in the US on the 180th day! 

 

I want to know if I'll be eligible to apply now or should I wait. 

 

According to the USCIS, I can apply if -- 

- I've been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application.

 

- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application.

 

- Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

 

- Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application.

In all these, it mentions immediately preceding the date of filing the application, if that's the case I'm not sure if I can. 

 

Any help is appreciated. Thanks

[aratamorne 165]

I am no expert, but my wife is just about to file her N-400.  When we started filing using the online forms, it let us know when we could actually submit based on the information we provided including any time spent outside the country.  I would try that.

[JFH 12,191]

*~*~*eligibility question moved from “progress reports” to “general discussion”*~*~*

[SusieQQQ 11,587]

22 hours ago, Siri26 said:

Hi! I want to know if I'd be eligible to apply for naturalization. 

 

I'm married to a US citizen and I entered the US on 26 Dec 2016 with a conditional green card and I attended an interview to get my conditions removed and received my permanent green card in Jan 2020. During this time I didn't leave the US (3years+). I left for India on Jan 18 2020 and was stuck there until July and landed in the US on July 16, 2020. I waited cause I had to travel with a 2yr old (apprehensions of travelling during covid) ! (That's exactly 180 days) I landed in the US on the 180th day! 

 

I want to know if I'll be eligible to apply now or should I wait. 

 

According to the USCIS, I can apply if -- 

- I've been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application.

 

- Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application.

 

- Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application

 

- Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application.

In all these, it mentions immediately preceding the date of filing the application, if that's the case I'm not sure if I can. 

 

Any help is appreciated. Thanks

Was your spouse with you in India for the 6 months you were there? If not you may have trouble proving the “in marital union” part. Generally requires you to actually be living together the whole time.

 

Not sure if reaching the 180 day mark will prove to be an issue for meeting the continuous residence requirement. Did you count this the USCIS way, where day of departure and day of arrival are both counted as days in the US?

Edited October 30, 2020 by SusieQQQ

[Siri26 0]

17 minutes ago, SusieQQQ said:

Was your spouse with you in India for the 6 months you were there? If not you may have trouble proving the “in marital union” part. Generally requires you to actually be living together the whole time.

 

Not sure if reaching the 180 day mark will prove to be an issue for meeting the continuous residence requirement. Did you count this the USCIS way, where day of departure and day of arrival are both counted as days in the US?

Hi! He did book his tickets before the covid pandemic and he and my mother in-law were suppose to come. The booked tickets were cancelled by the airlines cause of Covid! My brother was getting married, they were suppose to come for the wedding and bring us back with them. I had booked a ticket for my son and I to come back to the US even before my 180 day period and it was cancelled by the airlines again. 

[SusieQQQ 11,587]

35 minutes ago, Siri26 said:

Hi! He did book his tickets before the covid pandemic and he and my mother in-law were suppose to come. The booked tickets were cancelled by the airlines cause of Covid! My brother was getting married, they were suppose to come for the wedding and bring us back with them. I had booked a ticket for my son and I to come back to the US even before my 180 day period and it was cancelled by the airlines again. 

So you were not actually together during this time?  
Well, it seems to me you have two options. One is to file now and be prepared to bring as much evidence as you can and argue your case, and the second is to wait until you once again are sure you meet the requirements and file then. 

 

[Siri26 0]

1 minute ago, SusieQQQ said:

So you were not actually together during this time?  
Well, it seems to me you have two options. One is to file now and be prepared to bring as much evidence as you can and argue your case, and the second is to wait until you once again are sure you meet the requirements and file then. 

 

Of course not! I have evidence to show the booked tickets and my brothers wedding proof! 

 

Or Wait, how long?