N400, marriage based GC- Lawyer is recommending waiting till 5 year mark for naturalization due to amount of traveling?

[Daniel84mark 0]

Good afternoon! Hoping I can get some input on my lawyers recommendation for filing my N400. I received my green card back in March 1st 2021 via marriage AOS. My lawyer recommended I wait till 2026 to apply for naturalization due to the amount of days I traveled between March 2021 and now. He said I have traveled too much. In total, I have been outside of the US for 230 days in the past ~3 years.

 

In total I have traveled:

• two month trip on vacation with my family + spouse in 2021,
• two month trip with spouse in 2022 in the summer.
• 1 month trip in December of 2023 for winter.
• + A couple trips (1 week or so) here and there to visit family
• 230 days in total, longest trip was 64 days.

 

My original thought was that since I am eligible for 3 year naturalization via marriage, I needed 547 days physically present in the US + continuous residency.

Currently have around 800 days in the US + never left for more than 64 days.

 

I am quite confused why my lawyer wants to wait till the 5 year mark, anyone have any input? 

[OldUser 6,710]

Based on what you described, you should be eligible to apply under 3 year rule.

 

Few clarifying questions:

 

- How's the marriage?

- Do you live together?

- Any issues with this marriage in the past?

- Did you have issues getting GC?

- How much bonafide marriage evidence do you have?

- Did you show this calculation to lawyer? What did they say to your argument you only need about 547 days inside (not sure about the number myself)

- Did you consult with a different lawyer? What did they say?

Edited February 2 by OldUser

[Daniel84mark 0]

16 minutes ago, OldUser said:

Based on what you described, you should be eligible to apply under 3 year rule.

 

Few clarifying questions:

 

- How's the marriage?

- Do you live together?

- Any issues with this marriage in the past?

- Did you have issues getting GC?

- How much bonafide marriage evidence do you have?

- Did you show this calculation to lawyer? What did they say to your argument you only need about 547 days inside (not sure about the number myself)

- Did you consult with a different lawyer? What did they say?

thanks for the reply!

 

- Marriage is great! No issues at all

- Have lived together now since 2019

- No issues with this marriage in the past. Both our first marriage as well.

- Had no issues getting our initial GC. Process was pretty smooth.

- We had joint bank accounts, taxes, lease, photos, joint memberships, and notarized affidavits.

-  got that number from here- If I am understanding correctly, I need 18 months in the US. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

Edited February 2 by Daniel84mark
edit

[OldUser 6,710]

3 minutes ago, Daniel84mark said:

thanks for the reply!

 

- Marriage is great! No issues at all

- Have lived together now since 2019

- No issues with this marriage in the past. Both our first marriage as well.

- Had no issues getting our initial GC. Process was pretty smooth.

- We had joint bank accounts, taxes, lease, photos, joint memberships, and notarized affidavits.

-  got that number from here- If I am understanding correctly, I need 18 months in the US. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

I see no reason not to apply.

5 year rule is easier, sure.

But 3 year rule is doable.

 

Did you or do you have I-751?

 

Edited February 2 by OldUser

[Daniel84mark 0]

1 hour ago, OldUser said:

I see no reason not to apply.

5 year rule is easier, sure.

But 3 year rule is doable.

 

Did you or do you have I-751?

 

 

Currently have I-751, expires in two years I believe 

[OldUser 6,710]

18 minutes ago, Daniel84mark said:

 

Currently have I-751, expires in two years I believe 

I-751 doesn't expire. It gets decided. The extension letter may expire.

Your lawyers tactic may be getting I-751 squared out first. 

[mniceguy16 186]

10 hours ago, Daniel84mark said:

Good afternoon! Hoping I can get some input on my lawyers recommendation for filing my N400. I received my green card back in March 1st 2021 via marriage AOS. My lawyer recommended I wait till 2026 to apply for naturalization due to the amount of days I traveled between March 2021 and now. He said I have traveled too much. In total, I have been outside of the US for 230 days in the past ~3 years.

 

In total I have traveled:

• two month trip on vacation with my family + spouse in 2021,
• two month trip with spouse in 2022 in the summer.
• 1 month trip in December of 2023 for winter.
• + A couple trips (1 week or so) here and there to visit family
• 230 days in total, longest trip was 64 days.

 

My original thought was that since I am eligible for 3 year naturalization via marriage, I needed 547 days physically present in the US + continuous residency.

Currently have around 800 days in the US + never left for more than 64 days.

 

I am quite confused why my lawyer wants to wait till the 5 year mark, anyone have any input? 

Your lawyer is wrong, you are free to apply, I have a friend who had more stays out of the US than you do and she had no problem naturalizing. Just make sure you provide enough proof of ongoing marriage when filing.