trip's taken back to the philippines

[ester 0]

Hi,I have been a LPR for 33 years now and married for 30 years to US citizen. I have filed my N-400 and marked obtion B "Married to a US Citizen for over 3 years", did not really know which one to pick since I qualify for both A & B I think, anyway my husband has always told me that when we retire (he has already been retired military since 1997) that we could take some trips back to my home country so that I could see my family that I have not seen in over 27 years, and that he could meet my family for the first time. We ended up making 3 trips there back to back, my husband looked it up on a web site and it said that as long as the trips are not over a year long that we would be ok, but of course in the process of preparing the N-400 we found out differently, the trips were as follows;

1. 11/06/2006 until 07/01/2007 (237 days)

2. 10/23/2007 until 10/05/2008 (348 days)

3. 01/30/2009 until 01/23/2010 (360 days)

My interview is on Jan 23rd, alittle nervous, does anyone have any thoughts or comments. I have filled all the documents required for filing married, along with tax transcripts and bank statements dating back to 2007. I know that I should have filed earlier but I did not so if you can advise on this situation that would help me out alot, Thanks and God Bless

[bettenan 1]

Hi,I have been a LPR for 33 years now and married for 30 years to US citizen. I have filed my N-400 and marked obtion B "Married to a US Citizen for over 3 years", did not really know which one to pick since I qualify for both A & B I think, anyway my husband has always told me that when we retire (he has already been retired military since 1997) that we could take some trips back to my home country so that I could see my family that I have not seen in over 27 years, and that he could meet my family for the first time. We ended up making 3 trips there back to back, my husband looked it up on a web site and it said that as long as the trips are not over a year long that we would be ok, but of course in the process of preparing the N-400 we found out differently, the trips were as follows;

1. 11/06/2006 until 07/01/2007 (237 days)

2. 10/23/2007 until 10/05/2008 (348 days)

3. 01/30/2009 until 01/23/2010 (360 days)

My interview is on Jan 23rd, alittle nervous, does anyone have any thoughts or comments. I have filled all the documents required for filing married, along with tax transcripts and bank statements dating back to 2007. I know that I should have filed earlier but I did not so if you can advise on this situation that would help me out alot, Thanks and God Bless

In either case three years as Permanent Resident (or five depending on how you filed) without leaving the

United States for trips of 6 months or longer. (per M-476 (rev. 03/12 -A Guide To Naturalization.) Sorry I know this is not the news you were looking for.

[ester 0]

In either case three years as Permanent Resident (or five depending on how you filed) without leaving the

United States for trips of 6 months or longer. (per M-476 (rev. 03/12 -A Guide To Naturalization.) Sorry I know this is not the news you were looking for.

From what I have read it states "No trip's of 6 months or longer during the 5 year or 3 year filing period". So it is my understanding that they will look for our trips dating from Jan 23 2010 until Jan 23 2013 and we have not taken any. Can any one concur with this? Thanks

[arvinb 17]

From what I have read it states "No trip's of 6 months or longer during the 5 year or 3 year filing period". So it is my understanding that they will look for our trips dating from Jan 23 2010 until Jan 23 2013 and we have not taken any. Can any one concur with this? Thanks

I'm not sure if you've been an LPR for 33 years that you're allowed to file via the 3-year marriage application. Can anyone confirm this? If that's the case then they'll need to look at the past 5 years.

[bettenan 1]

I'm not sure if you've been an LPR for 33 years that you're allowed to file via the 3-year marriage application. Can anyone confirm this? If that's the case then they'll need to look at the past 5 years.

It does not specify (from what read). I looked carefully. Hubby has been here just over five years and I was no rush to fill out more paperwork and spend more money so soon after getting his ten green card. We went with five year since it's so much less paper work. But I did not see where you could not file as a spouse at any time. If that is correct they will only look at the travel for last three years (from how I interpret the regs.)

[arvinb 17]

It does not specify (from what read). I looked carefully. Hubby has been here just over five years and I was no rush to fill out more paperwork and spend more money so soon after getting his ten green card. We went with five year since it's so much less paper work. But I did not see where you could not file as a spouse at any time. If that is correct they will only look at the travel for last three years (from how I interpret the regs.)

Makes sense. Funny how other than getting a green card 2 years sooner than 5 years there's usually never a benefit to filing 3 years versus 5 (with the extra paperwork and scrutiny being major downsides). Looks like we just found one.

[Paradise123 7]

From what I have read it states "No trip's of 6 months or longer during the 5 year or 3 year filing period". So it is my understanding that they will look for our trips dating from Jan 23 2010 until Jan 23 2013 and we have not taken any. Can any one concur with this? Thanks

It counts from the date you filed for citizenship. You cannot really use the 3 year rule -90 days if you have been a LPR for more than that period for your convinience. Did you include that last trip in your application?

[bettenan 1]

It counts from the date you filed for citizenship. You cannot really use the 3 year rule -90 days if you have been a LPR for more than that period for your convinience. Did you include that last trip in your application?

I'm curious where you found that information. I suspect that's what they will rule, but I could find nothing nothing in writing to back that up.

[NickD 203]

You only apply for that three year marriage privilege if you were married just three years when you file that application and as early as 90 days before your 3rd green card anniversary. But still can apply for the three year until 90 days before your 5th green card anniversary. You are well beyond that stage, indubitably the five year.

You have to show continuous residency for the last five years. I don't know what to make about that last trip, "01/30/2009 until 01/23/2010 (360 days)", reentry permit or whatever or what kind of deal your IO will make of it since you already have been an LPR for 33 years.

All you need is your application, a copy of your green card, both sides, two US passport type photos, and the check.

Maybe someone else can tell you about that last trip, we only had a couple of weeks to deal with, so I never dove into this subject.

[warlord 73]

You only apply for that three year marriage privilege if you were married just three years when you file that application and as early as 90 days before your 3rd green card anniversary. But still can apply for the three year until 90 days before your 5th green card anniversary. You are well beyond that stage, indubitably the five year.

You have to show continuous residency for the last five years. I don't know what to make about that last trip, "01/30/2009 until 01/23/2010 (360 days)", reentry permit or whatever or what kind of deal your IO will make of it since you already have been an LPR for 33 years.

All you need is your application, a copy of your green card, both sides, two US passport type photos, and the check.

Maybe someone else can tell you about that last trip, we only had a couple of weeks to deal with, so I never dove into this subject.

Yes the last trip will probably be brought up in questioning. So be prepared to show a lot of proof during that time period that you maintained a US residency while you were out a year. A re-entry permit will prevent your GC from being abandoned in most cases. If you had not filed one, this could be a big issue, considering the previous two trips were very long.

Remember anything after 6 months out of the US, it will be on you to prove to the INS you did not break your residency status. This goes from 6 months to a year. After a year (which your last one will probably qualify for), it gets a lot trickier and this is when Green Card revocations will likely occur. Now not to say they can't revoke your GC at any point (even being out of the country for only a few months), but after a year mark, it means you had better have a good strong case as to why you were out that long with a lot of proof backing it up...

[ester 0]

Yes the last trip will probably be brought up in questioning. So be prepared to show a lot of proof during that time period that you maintained a US residency while you were out a year. A re-entry permit will prevent your GC from being abandoned in most cases. If you had not filed one, this could be a big issue, considering the previous two trips were very long.

Remember anything after 6 months out of the US, it will be on you to prove to the INS you did not break your residency status. This goes from 6 months to a year. After a year (which your last one will probably qualify for), it gets a lot trickier and this is when Green Card revocations will likely occur. Now not to say they can't revoke your GC at any point (even being out of the country for only a few months), but after a year mark, it means you had better have a good strong case as to why you were out that long with a lot of proof backing it up...

I'm not sure why you are considering the last trip to be one year, yes it was close to a year, but 360 days does not make a year, there fore no reentry-permit was needed, unless they round up, is there something I'm not seeing here, and as for the 3 year qualifying, there is no USCIS regulation that states that use of this obtion is only for residents between 3 and 5 years. The actual requirements state "Are currently married to and living with a US citizen And have been married to and living with that same US citizen for the past 3 years And your spouse has been a US citizen for the past 3 years". But thanks for the input, and to explain those 2 long trips, I went back to help my brother who had a sereve stroke and was partially paralyzed. And the second trip was again to be with him after this time being diagnosed with stage 3 prostate cancer. It was a bad 2 years, Ad not having seen him in over 28 years, thought I owed it to him to be there. I hope that they look into the fact that after receiving my resident card that I had not made one single trip outside of the united states for over 27 years. Thank you all for all the kind inputs. And god bless all this holiday season!!

[warlord 73]

I'm not sure why you are considering the last trip to be one year, yes it was close to a year, but 360 days does not make a year,

Yes I was thinking 365. However, you need to show hard core proof and a lot of it to convince the IO you didn't abandon residency during these time periods. Anything over 6 months, that burden is now on you to prove to them. So make sure you have enough evidence showing you maintained a residency in the US. (Home, work, financial statements, payments etc)...

[ester1 0]

In either case three years as Permanent Resident (or five depending on how you filed) without leaving the

United States for trips of 6 months or longer. (per M-476 (rev. 03/12 -A Guide To Naturalization.) Sorry I know this is not the news you were looking for.

Hi just wondering if I could get some other's input on my situation, interview coming up in 25 days now. Thanks and god bless everyone on this fourm!! And to who ever started this fourm, thank you so so much, it has helped out 110%!!!!