Citizenship application

[Angiew33 0]

Hi! 

I have trouble finding the information I need. I want to know if I should wait to apply for citizenship or if I could do it now.

I became a LPR in April 2017 after getting married to a US citizen. 

My trips outside the country are:

- September 2018: 11 days 

- September 2019 to August 2020 : 11 months and 16 days

I came back with no problems and stayed here since. I continued to pay taxes with my husband, he stayed in the US. However I did work abroad while I was away.

I am planning to go to France for a month by the end of the year or beginning of next year.

If I need to wait, when do you think I should apply? I do not want to pay the fees to be denied. 

[aratamorne 165]

If you use the online filing for N-400, part of the wizard includes listing all significant time out of the country.  It then will tell you the earliest you can file.

 

https://www.uscis.gov/citizenship/apply-for-citizenship

 

 

[TBoneTX 46,062]

Thread is moved from General Immigration Discussion to the US Citizenship main forum.

[arken 4,197]

Whether you file under 3 years rule now or wait till 2022 under 5 years rule, you will very likely be asked to show evidences of maintaining continuous residency in the US during the 11.5 months trip. 
 

From uscis:

Such evidence may include, but is not limited to, documentation that during the absence:^[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

Looks like you have some on the +ve side and some on the -ve side. It's all up to the CO on how they interpret your evidences. In case yours evidences seems u satisfactory, you can apply for the citizenship up to 6 moths before August 2023 at the earliest.

[Scandi 4,180]

Nobody here will know whether the evidence of continuous residency is enough, whether the IO will approve you or not.

 

If you want to be on the safest side you have to wait for many more years, 5 years from the day you came back from your 11 month trip. They're interested in the last 5 years that you've been an LPR (or 3 years now if you plan on filing under the 3 year rule). So if your 11 month trip happened before the last 5 years as an LPR then the trip won't matter on the N-400. But like I said, that's a long wait. 

[Angiew33 0]

25 minutes ago, Scandi said:

Nobody here will know whether the evidence of continuous residency is enough, whether the IO will approve you or not.

 

If you want to be on the safest side you have to wait for many more years, 5 years from the day you came back from your 11 month trip. They're interested in the last 5 years that you've been an LPR (or 3 years now if you plan on filing under the 3 year rule). So if your 11 month trip happened before the last 5 years as an LPR then the trip won't matter on the N-400. But like I said, that's a long wait. 

So I cannot apply 3 years after my return? Even though I am married to a US citizen? 

[Zaidba 39]

2 hours ago, Angiew33 said:

Hi! 

I have trouble finding the information I need. I want to know if I should wait to apply for citizenship or if I could do it now.

I became a LPR in April 2017 after getting married to a US citizen. 

My trips outside the country are:

- September 2018: 11 days 

- September 2019 to August 2020 : 11 months and 16 days

I came back with no problems and stayed here since. I continued to pay taxes with my husband, he stayed in the US. However I did work abroad while I was away.

I am planning to go to France for a month by the end of the year or beginning of next year.

If I need to wait, when do you think I should apply? I do not want to pay the fees to be denied. 

I was in a situation like yours being away for 11 months and working abroad, but I am a 5 years filer. I consulted 2 lawyers and told them I had a residence, and family in the US to prove my continuous residency; however, both of them thought that my work outside the US is an evidence that I intentionally broke my residency. I decided to wait until I finish 5 continuous years in the US. I did and applied last year and waiting for my interview. You also mentioned being away for that long while your husband stayed in the US and this will be an issue since you are applying on marriage bases. Sorry for sounding discouraging, but you said you do not want to pay the fees and get denied and there is a good possibility for that.

[Angiew33 0]

Just now, Zaidba said:

I was in a situation like yours being away for 11 months and working abroad, but I am a 5 years filer. I consulted 2 lawyers and told them I had a residence, and family in the US to prove my continuous residency; however, both of them thought that my work outside the US is an evidence that I intentionally broke my residency. I decided to wait until I finish 5 continuous years in the US. I did and applied last year and waiting for my interview. You also mentioned being away for that long while your husband stayed in the US and this will be an issue since you are applying on marriage bases. Sorry for sounding discouraging, but you said you do not want to pay the fees and get denied and there is a good possibility for that.

Thank you! I think I will not have a choice to wait indeed.

[Scandi 4,180]

5 minutes ago, Angiew33 said:

So I cannot apply 3 years after my return? Even though I am married to a US citizen? 

You can file under the 3 year rule if you haven't been an LPR for 5 years by then. If you by that time have already been an LPR for 5 years, then you automatically file under the 5 year rule. The 3 year rule is only for those who don't want to wait for 5 years (and who are eligible, of course). Anybody who has been an LPR 5 years or more by the time they file the N-400 is filing under the 5 year rule, no matter if they're married to a US citizen or not. 

Edited June 16, 2021 by Scandi

[Angiew33 0]

1 minute ago, Scandi said:

You can if you haven't been an LPR for 5 years by then. If you by that time have already been an LPR for 5 years, then you automatically file under the 5 year rule. The 3 year rule is only for those who don't want to wait for 5 years (and who are eligible, of course). Anybody who has been an LPR 5 years or more by the time they file the N-400 is filing under the 5 year rule, no matter if they're married to a US citizen or not. 

Got it! Thank you!

[arken 4,197]

16 minutes ago, Angiew33 said:

So I cannot apply 3 years after my return? Even though I am married to a US citizen? 

You can file up to 6 months earlier from 3 years anniversary of your return.