Is 6 months 180 days or 182.5? It matters!

[SobraGwapo 1]

Beneficiary spent exactly 181.4 days down to the hour according to flight records in another country, which included the month of February. Who here thinks this is 6 months, legally?  Clearly, half of 365 days is 182.5. But 30 days x 6 month is 180. It matters as to necessity of getting police certificate. 

[Crazy Cat 41,594]

181 days is more than 6 months.

[SobraGwapo 1]

8 minutes ago, Crazy Cat said:

181 days is more than 6 months.

A reasonable position on its face, but what authority do you have that says its not 182.5 months? If it was 180 days the year would be 12 months, 5 days.  Its not mathing.  Half of 365 is 182.5. 

[MalloryCat 177]

because the government doesnt base time lines off of the whole year.

more than likely for the exact reason youre saying, cause its not an even number when you divide the year exactly in half.

can you imagine how confusing that would be for everyone? with different time zones and clocks rarely ever being exactly the same. but somehow people would have to know what time exactly half a day would be that they have to be out of the country.

their plane gets delayed and they overstay by 5 minutes.

 

you always go by the 6 month/180 days.

 

 

[Boiler 45,294]

Go by the I 94

[SobraGwapo 1]

4 minutes ago, MalloryCat said:

because the government doesnt base time lines off of the whole year.

more than likely for the exact reason youre saying, cause its not an even number when you divide the year exactly in half.

can you imagine how confusing that would be for everyone? with different time zones and clocks rarely ever being exactly the same. but somehow people would have to know what time exactly half a day would be that they have to be out of the country.

their plane gets delayed and they overstay by 5 minutes.

 

you always go by the 6 month/180 days.

 

 

I don't disagree with the common sense of this position- just looking for receipts, i.e. some primary authority that says so. 

[Crazy Cat 41,594]

11 minutes ago, SobraGwapo said:

A reasonable position on its face, but what authority do you have that says its not 182.5 months? If it was 180 days the year would be 12 months, 5 days.  Its not mathing.  Half of 365 is 182.5. 

Because I think you are looking for the definition of "6 months", not "half a year".

[MalloryCat 177]

4 minutes ago, SobraGwapo said:

I don't disagree with the common sense of this position- just looking for receipts, i.e. some primary authority that says so. 

i would assume the "primary authority" would be any government body

as all of them follow this

because it makes sense

 

unfortunately no government body is going to over look the extra day and a half the beneficiary overstayed, if thats what youre looking for confirmation on

[Crazy Cat 41,594]

22 hours ago, SobraGwapo said:

I don't disagree with the common sense of this position- just looking for receipts, i.e. some primary authority that says so. 

 

Here is a source where the US Government (USCIS) seems to define 6 months as 180 days:

 

Chapter 3 - Continuous Residence | USCIS

 

"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"

 

I think it's reasonable to conclude the State Department uses the same definition.  I would err on the side of caution and consider 181.4 days as exceeding the "6 month" parameter.

Edited June 15 by Crazy Cat

[mam521 2,023]

An RFE isn't worth all this questioning.  180 days or more, get the police certificate and save the headache.  

[JeanneAdil 6,410]

2 hours ago, SobraGwapo said:

Beneficiary spent exactly 181.4 days down to the hour according to flight records in another country, which included the month of February. Who here thinks this is 6 months, legally?  Clearly, half of 365 days is 182.5. But 30 days x 6 month is 180. It matters as to necessity of getting police certificate.

in another country ?  what does that mean

what country?

no I 94 _not all do I 94 like US and UK

 

are u asking as he needs criminal report from the other country or if it might be deemed overstay that would hamper a US visa?

US doesn't care if they overstay elsewhere unless it is a violation on a criminal report that needs explanation

[SobraGwapo 1]

12 minutes ago, JeanneAdil said:

in another country ?  what does that mean

what country?

no I 94 _not all do I 94 like US and UK

 

are u asking as he needs criminal report from the other country or if it might be deemed overstay that would hamper a US visa?

US doesn't care if they overstay elsewhere unless it is a violation on a criminal report that needs explanation

It's required that a beneficiary provide a police clearance letter from not only her home country but also any country she has resided for six months or more.

[Lemonslice 4,795]

It's calculated by calendar days/dates.

December 1 to a December 31=one month

 

June 1 to June 30=one month

 

February 5 to April 4=two months

 

Any partial day with presence in the US counts as present in the US.

[retheem 564]

7 hours ago, SobraGwapo said:

Beneficiary spent exactly 181.4 days down to the hour according to flight records in another country, which included the month of February. Who here thinks this is 6 months, legally?  Clearly, half of 365 days is 182.5. But 30 days x 6 month is 180. It matters as to necessity of getting police certificate. 

Get a police certificate. Full stop

[SobraGwapo 1]

Guys we have ordered the police certificate May 6 and our interview is June 18. We don't have it yet . We don't want to cancel the interview because there are no appointments available.