Please help me figure out if my n400 will be okay

[FrogLadyBug 0]

I filed my n400 a few months ago based on 3 year rule, marriage to my US citizen husband. I officially became a LPR in late 2019 via K1 and AOS route, and simply didn’t file for citizenship sooner because it wasn’t on the top of my list of things to do at that time.

My questions are around the presence rule.

 

Right when Covid hit we had a baby, a week into the lockdown. Birth was traumatic, baby went to NICU. Child ended up in lots of therapies. I had postpartum depression. After not traveling for years, none of my family having met our child, I started traveling with our child in 2022 to meet family and spend time together. My husband never came on the trips with us because he couldn’t get so much time off of work. We agreed that I was to travel with our child alone. So my travel outside of the US looks like:

 

- 124 day trip in 2022
- 29 day trip in early 2023
- 130 day trip in late 2023 to early 2024

 

Upcoming travel around 100 days in 2024, that I would fly back in-between, or cut the trip short for an interview if I get one during that period. I want to do this trip now before our child starts kindergarten.

 

I know they will ask about updated travel at the interview so I’ve added all the days up with the upcoming travel, and I meet the 18 months out of 36 rule. I have never spent 180 or more consecutive days out of the US. I file US taxes as a resident jointly with my husband, we live together. I’ve been studying online throughout this time. 

 

I’m starting to overthink. Will they think it’s weird I travel without my husband? In reality I have a really supportive husband, but I’m worried the fact I travel without him is going to raise concern. Is my spending more than 180 days out of the US in 2024 (not consecutively) a problem? Can my husband attend the interview with me? And my 50th question, should have I not filed n400 given my amount of trips taken? 
 

Thank you for taking the time to read!

[OldUser 6,709]

11 hours ago, FrogLadyBug said:

Can my husband attend the interview with me?

He should

[Scandi 4,166]

If you don't have a pending i-751, your husband will likely not be allowed to come to the interview with you. For the most part, the IOs only want the applicant at the interview, not the spouse. He can wait in the waiting room though, or lobby. My husband wasn't even allowed in the waiting room, he had to wait at the 1st floor, and I was interviewed at the 6th floor. So he went to sit in the car instead.

Edited June 11 by Scandi

[OldUser 6,709]

1 hour ago, Scandi said:

If you don't have a pending i-751, your husband will likely not be allowed to come to the interview with you. For the most part, the IOs only want the applicant at the interview, not the spouse. He can wait in the waiting room though, or lobby. My husband wasn't even allowed in the waiting room, he had to wait at the 1st floor, and I was interviewed at the 6th floor. So he went to sit in the car instead.

Experiences in different field offices vary based on VJ stories I read. Some IOs were excited to see US citizens supporting their naturalizing LPR spouses. And some got worked up and asked questions when USC wasn't present in the waiting area. I'd rather be safe then sorry. 

[Scandi 4,166]

28 minutes ago, OldUser said:

Experiences in different field offices vary based on VJ stories I read. Some IOs were excited to see US citizens supporting their naturalizing LPR spouses. And some got worked up and asked questions when USC wasn't present in the waiting area. I'd rather be safe then sorry. 

Hence " for the most part". Probably close to 90% of all posts I have read in here on this subject tells stories about how the spouse was not allowed in. So, "for the most part". The spouse is not needed for the N-400, even in cases where the spouse IS allowed to come. The applicant won't be denied because the spouse wasn't there. 

[FrogLadyBug 0]

Thank you everyone. My husband wants to attend with me. By the sounds of it, it will probably mean he will be waiting in a waiting area or getting sent back to the car. He may as well still come justttt in case. 

[Laure&Colin 558]

"Did your husband travel with you on your last international trip?" was a question my interviewing officer asked, even though I applied under the 5-year rule. I would just be ready to explain the situation to him like you did to us. And bring plenty of evidence that your marriage is bona fide.

[WozAnon - NM 19]

On 6/9/2024 at 8:41 PM, FrogLadyBug said:

I filed my n400 a few months ago based on 3 year rule, marriage to my US citizen husband. I officially became a LPR in late 2019 via K1 and AOS route, and simply didn’t file for citizenship sooner because it wasn’t on the top of my list of things to do at that time.

My questions are around the presence rule.

 

Right when Covid hit we had a baby, a week into the lockdown. Birth was traumatic, baby went to NICU. Child ended up in lots of therapies. I had postpartum depression. After not traveling for years, none of my family having met our child, I started traveling with our child in 2022 to meet family and spend time together. My husband never came on the trips with us because he couldn’t get so much time off of work. We agreed that I was to travel with our child alone. So my travel outside of the US looks like:

 

- 124 day trip in 2022
- 29 day trip in early 2023
- 130 day trip in late 2023 to early 2024

 

Upcoming travel around 100 days in 2024, that I would fly back in-between, or cut the trip short for an interview if I get one during that period. I want to do this trip now before our child starts kindergarten.

 

I know they will ask about updated travel at the interview so I’ve added all the days up with the upcoming travel, and I meet the 18 months out of 36 rule. I have never spent 180 or more consecutive days out of the US. I file US taxes as a resident jointly with my husband, we live together. I’ve been studying online throughout this time. 

 

I’m starting to overthink. Will they think it’s weird I travel without my husband? In reality I have a really supportive husband, but I’m worried the fact I travel without him is going to raise concern. Is my spending more than 180 days out of the US in 2024 (not consecutively) a problem? Can my husband attend the interview with me? And my 50th question, should have I not filed n400 given my amount of trips taken? 
 

Thank you for taking the time to read!

Sorry to hear about your challenging times. Here are my thoughts as a fellow applicant in this process, I did not see any issues but I am not a lawyer.
- Your travel record does not seem to be an issue - no trips over 6 months and you meet the physical presence criteria as well. In any case, prepare to show proof of residency. That is all they would ask you in addition to a typical marriage based application.
- Spending more than 180 days out of the US in 2024 calendar year does not seem to be an issue by itself due to the time between those trips. That said, I would be judicious when planning these as well.
- For a marriage based application, I think the spouse is allowed to attend, you may want to check your instructions when you get the notice
- You may soon become eligible to file under the 5 year rule as well (If I got the dates right) which is relatively straight forward
- If it helps, get a legal advice without having to spend much to help reduce a lot of your apprehensions
Be sincere and truthful as you come across here and all will be fine. Wishing you the very best!

[Stein 276]

On 6/10/2024 at 11:57 PM, Scandi said:

Hence " for the most part". Probably close to 90% of all posts I have read in here on this subject tells stories about how the spouse was not allowed in. So, "for the most part". The spouse is not needed for the N-400, even in cases where the spouse IS allowed to come. The applicant won't be denied because the spouse wasn't there. 

Heck, I wasn't even allowed in for our I-751 interview, strange as that seems.

[Peot 161]

For what it's worth, I'm sure you'll be fine. Travel will be fine - you can likely prove very easily that you have no intention of abandoning residency. As long as you have evidence showing you maintained your address, received mail there, paid taxes there, etc.. you will be fine.

 

Contrary to what others might suggest here, I see no benefit to having your spouse at the N400 if you are just doing that interview. It's not required at all. For I-751 joint interview, it's much more necessary because the questions are quite literally about the relationship at that point. 

 

My spouse was able to attend I-751 but not N400. I have heard from others who did a joint interview that their spouse was allowed in the room for the first half, and then asked to leave for the citizenship part. So, it depends which kind of interview you're having whether it's joint or not. 

[OldUser 6,709]

5 minutes ago, Peot said:

For what it's worth, I'm sure you'll be fine. Travel will be fine - you can likely prove very easily that you have no intention of abandoning residency. As long as you have evidence showing you maintained your address, received mail there, paid taxes there, etc.. you will be fine.

 

Contrary to what others might suggest here, I see no benefit to having your spouse at the N400 if you are just doing that interview. It's not required at all. For I-751 joint interview, it's much more necessary because the questions are quite literally about the relationship at that point. 

 

My spouse was able to attend I-751 but not N400. I have heard from others who did a joint interview that their spouse was allowed in the room for the first half, and then asked to leave for the citizenship part. So, it depends which kind of interview you're having whether it's joint or not. 

I totally get your point about N-400 but please don't discount the positive psychological effect of US citizen spouse being present when naturalizing under 3 year rule. VJ has stories suggesting IO being friendlier when US citizen spouse was around and occasionally more alert when they weren't. N-400 under 3 year rule suggests you still have to be living in bonafide marriage, and spouse taking time off to be at USCIS is a good evidence their relationship is strong.

[Peot 161]

3 minutes ago, OldUser said:

I totally get your point about N-400 but please don't discount the positive psychological effect of US citizen spouse being present when naturalizing under 3 year rule. VJ has stories suggesting IO being friendlier when US citizen spouse was around and occasionally more alert when they weren't. N-400 under 3 year rule suggests you still have to be living in bonafide marriage, and spouse taking time off to be at USCIS is a good evidence their relationship is strong.

Everyone's story is different for sure. I was naturalized under 3 year rule, and despite this being the result of a marriage, the USCIS rep seemed downright cranky that I would even suggest to bring my spouse in the room with me. I admit I still tried to bring them in there! 

 

After all was said and done, I realized it really wasn't necessary for them to attend, and no questions even pertained to the marriage.

 

Just trying to play devil's advocate that even if your spouse can't attend, it won't be the end of the world, and the interview can still be very pleasant and successful!