N400 Physical Presence and 9-month abroad trip

[vkfcjsdl 1]

Hello everyone,

I recently had an N-400 interview and have a query regarding my physical presence in the US, as I had been abroad for more than 6 months three years ago. Here is a timeline of my situation:

 

• 11/25/2019 Got a green card
• 1/20/2020 Visited my family abroad and stuck at there due to pandemic - couldn't travel until June in my country
• 10/20/2020 Came back but I was outside of the states for 9 months. My spouse had stayed in the states whole time. 
• 12/20/2022 Applied for N400
• 04/14/2023 Had an interview. 

 

Here are some additional details:

1. My spouse and I had a physical residence in the US, and my spouse remained in the country during my absence.
2. I resided in the current home for over 18 months before applying for N-400.
3. I filed taxes every year.
4. I provided some mail pieces that I received at our home during my 9-month absence.

 

During the interview, the officer informed me that everything looked good but needed to calculate the number of days I was absent during my 9-month trip abroad. The officer also mentioned that I would receive a letter for the Oath Ceremony. I’m just wondering if I need to prepare for the worst case - denial or something like that, even though the interview went really well as the officer told me. 

 

 

[OldUser 6,662]

Looks like you were not eligible to naturalize, considering 9 months absense.

 

You clock for naturalization got reset on 10/20/2020.

 

To naturalize under 3 year rule you should have filed N-400 in July this year (10/20/2023 minus 90 days) or later.

 

AFAIK your case should get denied, because of two criteria: marital union and continuous residence.

 

Let us know how it goes though.

Edited April 17, 2023 by OldUser

[vkfcjsdl 1]

Thanks for the reply! 

 

But I found this article from the USCIS website:

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

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.

Link: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence of More than 6,the continuity of such residence.

 

 

In conclusion, I didn't obtain employment abroad, my spouse remained at our home in the U.S., and I and my spouse had continued to lease a home in the states. 

 

[Mike E 11,739]

20 minutes ago, vkfcjsdl said:

 In conclusion, I didn't obtain employment abroad, my spouse remained at our home in the U.S., and I and my spouse had continued to lease a home in the states. 

 

Even if you did not break continuous residency, it appears you broke continuous marital union. 
 

I agree with @OldUser 

 

Looking forward to the resolution.

[OldUser 6,662]

@vkfcjsdl check out this page

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Marital Union is described as "actually residing"

 

This may be the reason your case could get denied. But let us know, maybe there's something USCIS would do due to COVID etc.

Edited April 17, 2023 by OldUser

[igoyougoduke 1,656]

most likely n-400 will be denied due to not meeting the residency breaking ( > 6 months outside US) 

[LabOz 915]

On 4/17/2023 at 1:59 PM, vkfcjsdl said:

Thanks for the reply! 

 

But I found this article from the USCIS website:

1. Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

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.

Link: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3#:~:text=Absence of More than 6,the continuity of such residence.

 

 

In conclusion, I didn't obtain employment abroad, my spouse remained at our home in the U.S., and I and my spouse had continued to lease a home in the states. 

 

Curious what happened and if denied did you appeal?

[OldUser 6,662]

41 minutes ago, LabOz said:

Curious what happened and if denied did you appeal?

User last visited April 20, 2023, three days after opening this thread. As much as we all want to get a closure, I doubt we'll get an update.