360 days (non continuing) spent outside the US. How this would impact the process?

[TravelingLilly 14]

Hi again everyone. 
I obtained the conditional GC in March 2021 and in April 2024 I applied for US citizenship, based on a 3-year rule. During these 3 years, I spent a total of 357 days outside of the us, span over the course of 13 trips otuside the US, with the longest time being 63 days. During this time I kept continued residency at the same addess and continued marriage, of course.

90% of these trips were done in my home county in Europe, either becuase I work for a company in US with HQ in my home cuntry (I had to travel for work often) and also for my father who has been quite ill and went under some surgeries. Not having any siblings, I had to travel back to support my parents during these hard times.

 

Has anybody here had a similiar experience? how was your meeting with the officer? Also, would you recommend me to start colelcting documents proving the reasons for my trips otuside the US?

 

Thank you!

[SalishSea 17,829]

2 hours ago, TravelingLilly said:

Hi again everyone. 
I obtained the conditional GC in March 2021 and in April 2024 I applied for US citizenship, based on a 3-year rule. During these 3 years, I spent a total of 357 days outside of the us, span over the course of 13 trips otuside the US, with the longest time being 63 days. During this time I kept continued residency at the same addess and continued marriage, of course.

90% of these trips were done in my home county in Europe, either becuase I work for a company in US with HQ in my home cuntry (I had to travel for work often) and also for my father who has been quite ill and went under some surgeries. Not having any siblings, I had to travel back to support my parents during these hard times.

 

Has anybody here had a similiar experience? how was your meeting with the officer? Also, would you recommend me to start colelcting documents proving the reasons for my trips otuside the US?

 

Thank you!

Did you also remove conditions?   Honestly, I don’t see how your N-400 can be approved with over one year spent outside the U.S.   There is no “hardship” or reasons accepted by USCIS.   It’s a function of math.

[TravelingLilly 14]

No, my removal is still pending, like most of the cases where 3-years rule applies. Anyway, nowhere on the USCIS is stated that long periods of time like mine will automatically deny my application. What is stated is that if stayed longer than 180 days, for the SAME trip (not my case), this will represent a major concern (not necessarely meaning a deny as far as I understand).
Also, the other important requirements, as I mentioned yet, are to have continous marriage and residency in the US, which I meet. The lawyer I hired has not warned me that I am going to likely be denied. 
I just would like to hear from someone who has gone to the interview, or through a RFE, and was asked for some soppurting documents proving their trips oversea. 

 

 

[OldUser 6,663]

@TravelingLilly do you satisfy physical presence requirement for naturalization? 

 

E.g.

 

"must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application."

[TravelingLilly 14]

3 minutes ago, OldUser said:

@TravelingLilly do you satisfy physical presence requirement for naturalization? 

 

E.g.

 

"must have been physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application."

Yes, I spent about 27 months in the US within 3 years 

[OldUser 6,663]

2 minutes ago, TravelingLilly said:

Yes, I spent about 27 months in the US within 3 years 

As LPR?

[TravelingLilly 14]

2 minutes ago, OldUser said:

As LPR?

Of course. Same steady job for 3 years, and have lived in the same condo (we own it). 

[OldUser 6,663]

9 minutes ago, TravelingLilly said:

Of course. Same steady job for 3 years, and have lived in the same condo (we own it). 

I don't see much of an issue with your case unless you spent too much time apart during your travel (marital union issue)

[TravelingLilly 14]

3 minutes ago, OldUser said:

I don't see much of an issue with your case unless you spent too much time apart during your travel (marital union issue)

For some of the trips, my husband could come with me for a week or so, but then he had to come back for work. For others,  he could not come at all, especially for the longest trip of 63 days. 
 

[OldUser 6,663]

3 minutes ago, TravelingLilly said:

For some of the trips, my husband could come with me for a week or so, but then he had to come back for work. For others,  he could not come at all, especially for the longest trip of 63 days. 
 

So this is the only potential issue I could think of. It's unlikely going to be a proble though. There are very rare cases when officers interpret marital union requirement super strictly. In any case, you can always apply on 5 year rule if this petition gets denied.

Edited June 4 by OldUser