Any idea to apply now?

[Cewseww6 16]

So I just realized that I've been in the US for 3+ years with a few months in Europe during this time, but before I apply for the N400 and pay the $725 fee, I want to be sure.

 

My timeline is as such:

18 September 2018 - GC approved, moved to the US.

1 June 2019 - Family emergency, moved back to Europe.

18 June 2020 - Came to the US, stayed only to 25 July, then back to Europe.

18 November 2020 - Moved to the US and have been here ever since.

 

Counting from June 18, 2020, this is our 3rd year here with a couple of months out of the country in 2020, July-Nov.

Technically this should be all good and dandy but I still have a feeling I should wait a year or something.

 

Thoughts, inputs?

[JeanneAdil 6,498]

 

 

actual green card date?

 

June 1, 2019 to june 18,2020   is 12 months

plus the the almost 4 months in 2020 from july 15 to November 2020

 

[beloved_dingo 1,976]

11 minutes ago, Cewseww6 said:

So I just realized that I've been in the US for 3+ years with a few months in Europe during this time, but before I apply for the N400 and pay the $725 fee, I want to be sure.

 

My timeline is as such:

18 September 2018 - GC approved, moved to the US.

1 June 2019 - Family emergency, moved back to Europe.

18 June 2020 - Came to the US, stayed only to 25 July, then back to Europe.

18 November 2020 - Moved to the US and have been here ever since.

 

Counting from June 18, 2020, this is our 3rd year here with a couple of months out of the country in 2020, July-Nov.

Technically this should be all good and dandy but I still have a feeling I should wait a year or something.

 

Thoughts, inputs?

Why would you count from June 18, 2020? The year away matters because it affects whether you pass the physical presence and continuous residence requirement. If we look just at the last 3 years (June 2019 - present), you were out of the country for 16 months and in the country for 20 months. 

 

From the USCIS website:

 

“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. 

 

Absences in excess of one year or more may disrupt an applicant’s continuous residence.

[arken 4,197]

You can apply for citizenship after staying more than 2 years and 6 months from Jun 18, 2020.

[Cewseww6 16]

11 minutes ago, JeanneAdil said:

 

 

actual green card date?

 

June 1, 2019 to june 18,2020   is 12 months

plus the the almost 4 months in 2020 from july 15 to November 2020

 

Not quite sure what you mean?

 

GC date is September 18, 2018, we moved almost on the day when it was approved.

So yes, a total of 16 months outside the US.

[Cewseww6 16]

11 minutes ago, beloved_dingo said:

Why would you count from June 18, 2020? The year away matters because it affects whether you pass the physical presence and continuous residence requirement. If we look just at the last 3 years (June 2019 - present), you were out of the country for 16 months and in the country for 20 months. 

 

From the USCIS website:

 

“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. 

 

Absences in excess of one year or more may disrupt an applicant’s continuous residence.

I counted the last 3 years as the continuous residence, but I see now that that is incorrect.

 

Basically, no point in applying now then.

[Mike E 11,739]

What does https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility say?

[Cewseww6 16]

5 minutes ago, arken said:

You can apply for citizenship after staying more than 2 years and 6 months from Jun 18, 2020.

But will it decrease my chances?

I don't want to apply and pay $725 now, if they'll just turn it down because of this. Especially since we won't move back any longer and I could wait to apply and be 100% sure that I fulfill the continuous residence requirement.

Just now, Mike E said:

What does https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility say?

This tells me it's ok, as I haven't been out of the country over 6 months in the last 3 years.

 

[beloved_dingo 1,976]

1 minute ago, Cewseww6 said:

But will it decrease my chances?

I don't want to apply and pay $725 now, if they'll just turn it down because of this. Especially since we won't move back any longer and I could wait to apply and be 100% sure that I fulfill the continuous residence requirement.

This tells me it's ok, as I haven't been out of the country over 6 months in the last 3 years.

 

I don't think you are counting years correctly. Yes, 2020, 2021 and 2022 are separate years. But June 2020 - June 2021 is one year. June 2021 - June 2022 is another year. Therefore, June 2020 - June 2022 is just TWO YEARS. You were gone the entirety of the THIRD YEAR, June 2019 - June 2020. 

 

Another way to look at it is months. 3 years = 36 months. 36 months prior to today is June 29, 2019.

[arken 4,197]

If you are in no rush to apply for citizenship, just apply in 3 years from June 2018 m, can file up to 90 days earlier.

[Cewseww6 16]

1 minute ago, beloved_dingo said:

I don't think you are counting years correctly. Yes, 2020, 2021 and 2022 are separate years. But June 2020 - June 2021 is one year. June 2021 - June 2022 is another year. Therefore, June 2020 - June 2022 is just TWO YEARS. You were gone the entirety of the THIRD YEAR, June 2019 - June 2020. 

 

Another way to look at it is months. 3 years = 36 months. 36 months prior to today is June 29, 2019.

Yeah I agree.

I just looked at my calendar and see that we've been here on this date 3 years in a row. But that's not the same thing so, you're right. Guess I'll wait another year

2 minutes ago, arken said:

If you are in no rush to apply for citizenship, just apply in 3 years from June 2018 m, can file up to 90 days earlier.

Think I will.

[JeanneAdil 6,498]

1 hour ago, Cewseww6 said:

Not quite sure what you mean?

 

GC date is September 18, 2018, we moved almost on the day when it was approved.

So yes, a total of 16 months outside the US.

then u got it fast as most wait several months and green card date is when it it processed after arrival 

[Cewseww6 16]

18 minutes ago, JeanneAdil said:

then u got it fast as most wait several months and green card date is when it it processed after arrival 

Oh no, I meant that once I got approved for a GC we moved.

Then it took a few weeks before I actually received the GC but we were in the US by then. Sorry.

[JeanneAdil 6,498]

22 minutes ago, Cewseww6 said:

Oh no, I meant that once I got approved for a GC we moved.

Then it took a few weeks before I actually received the GC but we were in the US by then. Sorry.

no need for sorry

just usually the date of the green card is a much later date like a few weeks or even a month or so

for immigration all dates are strict and important /i think these people think in dates and time

[Cewseww6 16]

47 minutes ago, JeanneAdil said:

no need for sorry

just usually the date of the green card is a much later date like a few weeks or even a month or so

for immigration all dates are strict and important /i think these people think in dates and time

Haha yeah I'm sure they do