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Jay_N

Question on N400 and a trip of over 180 days

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Filed: Citizen (apr) Country: Kenya
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Hello guys,

If you take a long trip abroad longer than 6 months but less than 1 year and decide to wait 2 years and 6 months from your return date to apply for naturalization (by way of marriage), what date should one then put as the departure date when listing the trips abroad in the past 3 years since you were still outside the country at the beginning of the 3 year window? 

 

Does filing online make a difference than filing a paper application? I think I read elsewhere that if you file online, the system will not allow you to put a date older than the 3 year window so the only date you would be able to put is the earliest date of your 3 year window which would mean your trip is under 6 months, Is this correct?

Thank you!

 

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Filed: IR-1/CR-1 Visa Country: Jamaica
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On 12/27/2020 at 6:33 PM, Jay_N said:

Hello guys,

If you take a long trip abroad longer than 6 months but less than 1 year and decide to wait 2 years and 6 months from your return date to apply for naturalization (by way of marriage), what date should one then put as the departure date when listing the trips abroad in the past 3 years since you were still outside the country at the beginning of the 3 year window? 

 

Does filing online make a difference than filing a paper application? I think I read elsewhere that if you file online, the system will not allow you to put a date older than the 3 year window so the only date you would be able to put is the earliest date of your 3 year window which would mean your trip is under 6 months, Is this correct?

Thank you!

 

You still need to wait 2 years and 9 months because you reset once you return to the US. You wouldn't start counting until the first day back. 

 

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Filed: Citizen (apr) Country: Kenya
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15 hours ago, Thegirl said:

You still need to wait 2 years and 9 months because you reset once you return to the US. You wouldn't start counting until the first day back. 

 

Thank you for this response. According to uscis.gov you can actually wait 4 years and 6 months (or 2 years and 6 months) for marriage based naturalization as can be seen below

 

" If the same applicant reapplies for naturalization at least 4 years and 6 months after reestablishing residence in the United States, he or she would not be subject to the presumption of a break in residence because the period of absence immediately preceding the application date is now less than 6 months. " https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

What is not clear is what date to put for the box for "Date you left the usa" when listing your trips since after waiting the 2 years 6months your original departure date is now outside the 3 year window. 

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