N-400 Two trips abroad more than 6 months each

[Tomjerry111 4]

Hello, 

 

On November 2018, I have got my GC based on Marriage 

I had to make two unavoidable trips to abroad , each lasted more than 6 months but less than 1 year.

• 1st  trip due to sudden death of immediate family member abroad [~210 days] [Ex: Jan 2019 to August 2019] [Husband in USA]
• 2nd Trip stuck abroad due to Covid and later I had major accident over there [~360 Days] [Ex: Sep 2020 to Sep 2020] [My Husband came abroad to be with me & worked from abroad for US Employer just for time-being.]

 

We can provide proof of my ties to US such as Joint Taxes, Rents, Utilities, Bank Statement, Insurances, My husband's paystubs, etc

I can also submit all my medical documents  & extended flight tickets , if required. 

 

In short, none of my trips were intentionally planned for more than 6 months. For both trips I supposed to return in 30-60 days.

 

Question:

 

Since 3.5 years, I have spent ~ 24 months in US and knowing that none of my trips lasted more than 1 year. Am I eligible to apply for N-400 in May 2022

I would appreciate if anyone can guide me. 

Edited May 6, 2022 by Tomjerry111

[Mike E 11,739]

You can try.  It won’t surprise me if you are denied.  

[Tomjerry111 4]

16 minutes ago, Mike E said:

You can try.  It won’t surprise me if you are denied.  

Do you know: Will I get a chance to  explain and submit document at the interview ? Or system may deny upfront?

Edited May 6, 2022 by Tomjerry111

[Mike E 11,739]

Just now, Tomjerry111 said:

Do you know? Will I get chance to at-least explain and submit document at the interview ? Or system will deny upfront?

It usually goes to interview and you get to explain and/or get an RFE.  Absences of 181 continuous days create a presumption of break in continuous residency   
 

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

 

 

 

 

 

 

 

[SteveInBostonI130 3,434]

From what I understand for physical presence, you need to have been in the US for at least 18 out of 36 months prior to applying for citizenship.  It seems you may qualify for this in a month or so from now.

 

Also, you need to show continuous presence in the US.  The over 6 months trips would lead USCIS to question you meeting this requirement. 

 

Quote

Continuous Residence

Applicants are required to show that they have:

• Resided continuously in the U.S. for five years before applying, (see legal basis), or
• Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis)

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)
• Absences in excess of one year (PDF, 667.32 KB) or more may disrupt an applicant’s continuous residence, (see legal basis, see policy manual)

 

Edited May 6, 2022 by SteveInBostonI130

[bakphx1 789]

For your situation there’s another provision:

 

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. 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.