Question about Three-Month Residency Requirement (in State or Service District)

[D Dub718 2]

Hello all,

 

My wife traveled to her home country, Philippines, for 2 months from 11/29/2024 - 1/27/2025. We are planning to file her N-400 but does her trip violate the 3-month residency requirement (NY)? 

 

Thank you.

 

[OldUser 7,741]

49 minutes ago, D Dub718 said:

Hello all,

 

My wife traveled to her home country, Philippines, for 2 months from 11/29/2024 - 1/27/2025. We are planning to file her N-400 but does her trip violate the 3-month residency requirement (NY)? 

 

Thank you.

 

It shouldn't, if she kept apartment or whatever permanent address in the US and it hasn't changed.

 

However, if she's applying under 3 year rule (marriage to US citizen), and she traveled for 2 months alone, without her US citizen spouse... This can be perceived as broken marital union. Some officers will take that into consideration and may deny N-400.

 

So if she's eligible for 5 year rule (general provision) N-400, then I'd go with that, because marital union isn't a factor in that case.

 

 

 

Edited Friday at 03:55 PM by OldUser

[D Dub718 2]

22 minutes ago, OldUser said:

It shouldn't, if she kept apartment or whatever permanent address in the US and it hasn't changed.

 

However, if she's applying under 3 year rule (marriage to US citizen), and she traveled for 2 months alone, without her US citizen spouse... This can be perceived as broken marital union. Some officers will take that into consideration and may deny N-400.

 

So if she's eligible for 5 year rule (general provision) N-400, then I'd go with that, because marital union isn't a factor in that case.

 

 

 

Thanks for your reply. Our permanent address hasn't changed. She went with our daughter in advance and I arrived on January 3rd and all 3 of us returned together to the US. I wasn't aware that I had the choice to apply for 3 or 5 year or does USCIS make the 3/5 year eligibility determination? 

[OldUser 7,741]

1 minute ago, D Dub718 said:

Thanks for your reply. Our permanent address hasn't changed. She went with our daughter in advance and I arrived on January 3rd and all 3 of us returned together to the US. I wasn't aware that I had the choice to apply for 3 or 5 year or does USCIS make the 3/5 year eligibility determination? 

It's a choice that can be made by applicant, if eligible.

 

What the Resident Since date on her GC?

If it is before May 8, 2020, she can apply today under General Provision.

 

General provision is generally easier: you don't need to reprove marriage, thus amount of evidence you need to provide is 80-90% less. US citizen spouse doesn't have go to interview, as oppose to 3 year rule where it's highly recommended. It's easier to adjudicate, there's fewer rules.

 

However, if she's only eligible for 3 year rule now, she can apply now. They way you described the trip, I doubt it would be an issue for marital union.