17 month (1 month short) of US residency on date of 3 year since GC

[Feliz 0]

I just used a day counter http://www.timeanddate.com/date/duration.html

and it appears to be total of 579 days or 19 month and 2 days of absence out of US, which leaves me with less then 17 month of total in US residence on the date of 3 years since GC.

Do i have to wait 1 more month to be safe or is there history of waiving such details?

[Feliz 0]

i think i found an answer!

Page 22 of Guide to Naturalization

http://www.uscis.gov/files/article/M-476.pdf

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you

may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying

based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you

have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you

have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.

citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when

you file your application with USCIS.

Edited September 25, 2007 by Feliz

[lucyrich 20]

Do i have to wait 1 more month to be safe or is there history of waiving such details?

You found your answer, but I'll just add that there is no history of waiving such details. The details were written into the statute by Congress, and the people who actually handle your case don't have the authority to waive them. Often, the details won't get checked until late in the process, so what'll happen is that you'll get all the way to the interview, and the adjudicator will say "oops, you weren't eligible to file". Then you get to re-apply all over, and pay the fee again.

It's fastest if you wait until you are sure you meet all the requirements before filing.

[Feliz 0]

Do i have to wait 1 more month to be safe or is there history of waiving such details?

You found your answer, but I'll just add that there is no history of waiving such details. The details were written into the statute by Congress, and the people who actually handle your case don't have the authority to waive them. Often, the details won't get checked until late in the process, so what'll happen is that you'll get all the way to the interview, and the adjudicator will say "oops, you weren't eligible to file". Then you get to re-apply all over, and pay the fee again.

It's fastest if you wait until you are sure you meet all the requirements before filing.

thank you!

I qualify when

1 - our marriage is 3 years -CHECK - our 3 year anniversary was 8 month ago

2 - my greencard is 3 years - ALMOST - that will happen in about 20 days

3 - i have spent 18 month minus 90 days - CHECK - that is already true - i am within the 90 days period

so i will lawfully qualify in 20 days so i am preparing to file then

[nscvet 0]

Hey Feliz

I am still a little confused about your situation. It looks from your time line as though you left America in 9/2006 and did not return until July or August of 2007. If that is the case it would seem you broke your continous residence by remaining out of country longer than 6 months. Am I misreading something? As I mentioned in another post I am worried about how they will count my wife's absence of 176 days. She will file in Dec. Good luck and keep us up to date.

Bob

[Feliz 0]

Hey Feliz

I am still a little confused about your situation. It looks from your time line as though you left America in 9/2006 and did not return until July or August of 2007. If that is the case it would seem you broke your continous residence by remaining out of country longer than 6 months. Am I misreading something? As I mentioned in another post I am worried about how they will count my wife's absence of 176 days. She will file in Dec. Good luck and keep us up to date.

Bob

well, icontinuance is unquestionably broken if it's over 12 months or 365 days, mine is 11 months longest,

so between 6 and 12 month it's up to USCIS to deside if it was abandoned or not

and it it's less then 6 months which i believe your wife's 176 days fall into - you soudn't have any problem.

here are some facts: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant†on your tax returns.

and it is also stated in the application N400 for naturalization and in official USCIS checklist - what documents you need to provide in case you were out more then 6 less then 12 months

(see my very first post in this topic)

If they let you send supporting documents, explaning absence and attachment to US (mainly taxes) i guess there should be hope for people like me.

Edited October 1, 2007 by Feliz

[Feliz 0]

here is my topic with question about such documents

just wanted them to interconnect as they are related

http://www.visajourney.com/forums/index.ph...p;#entry1224022

[Feliz 0]

I just realized that this story had no closure:

so shortly MY FIRST N-400 WAS DENIED because my physical presence in US was 20 days less then required exactly 50% out of 3 years (or 5 years if not based on marriage).

here is full timeline:

N400 at California SC, District office- Los Angeles

Oct 30, 2007 - Priority date, Nov 9 - check cashed (number 2 08 10XX on the check matched my case number WSC*002 08 10XX )

Nov 30 - NOA1: "expect to be notified "within 425 days of this notice", Dec 26 - fingerprints letter

Jan 18, 2008 - fingerprints done

Jul 15, 2008 - Interview letter issued

Sep 15, 2008 - Interview date - denied

online status "case received Nov 7, 2007", last touch Dec 4, 2007 - and hasn't change ever since (up to today - March 3, 2009)

here is a detailed story: http://forums.immigration.com/showthread.php?t=286146 (and I generally spend more time there now, if you need to PM me)

my new timeline for second application - is in my signature

[Feliz 0]

HAPPY END to my Visa Journey!:

I am deleting my second N-400 details from my signature, so I will save them here

Los Angeles DO

01/30/09 - PD for Second N400,

02/04/09- NOA1,

02/21/09 - FD walk-in

03/16/09 - IL issued (rec'd 03/20/09)

05/12/09 - ID passed!!!

05/27/09 - called and got OD

06/01/09 - rec'd paper OL (issued on day of call 05/27)

06/26/09 - OD (LA Sports Arena) - I am a US Citizen !!!

total = 147 days or 4 months, 27 days. = almost 5 months

Edited July 11, 2009 by Feliz

[Kathryn41 3,205]

Congratulations.

[NArocks 13]

Thanks for the details and congrats

[Mountain Climber 186]

Congrats!!!

[Feliz 0]

Thank you guys!

my passport tracking number shows "delivered" today!

[Nagishkaw 510]

CONGRATULATIONS!