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  • Total number of days outside the country

    Guru's need your advice.

    I understand that one can apply for Citizenship after 4.9 months after getting GC, assuming that one has maintained the GC and is in the US for more than six months in a calendar year.

    I am being told by some friends that the total number of days that one can be out of the country after getting GC in the 5 years is a total of 180 days. Is this correct? I expect to be out of the country for about 340 days when I apply with no single trip being more than 40 days and total number of days being out of the country in a year being less than 100 days.

    Can someone please comment?

    Thanks,

  • #2
    Originally posted by pattajeeta View Post
    Guru's need your advice.

    I understand that one can apply for Citizenship after 4.9 months after getting GC, assuming that one has maintained the GC and is in the US for more than six months in a calendar year.

    I am being told by some friends that the total number of days that one can be out of the country after getting GC in the 5 years is a total of 180 days. Is this correct?
    -------------Not correct
    I expect to be out of the country for about 340 days when I apply with no single trip being more than 40 days
    ------------that is ok as you dont have SINGLE trip out of US more than 180 days.
    and total number of days being out of the country in a year being less than 100 days.

    Can someone please comment?

    Thanks,
    -------------
    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

    Comment


    • #3
      You need to be physically present in the US for at least 30 months during your 5 year period

      Comment


      • #4
        Originally posted by pattajeeta View Post
        I am being told by some friends that the total number of days that one can be out of the country after getting GC in the 5 years is a total of 180 days. Is this correct? I expect to be out of the country for about 340 days when I apply with no single trip being more than 40 days and total number of days being out of the country in a year being less than 100 days.

        Can someone please comment?

        Thanks,
        Your friends meant that no single trip should last more than a total of 180 days.
        In your case, a total of 340 days outside US with no trip lasting more than 40 days isn't an issue.
        Sent N-400 7/28/07
        PD 7/27/07
        Check cashed 12/5/07
        NOA 12/7/07
        FP notice 1/4/08 (received 1/10/08 )
        FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
        IL: 6/10/08
        ID: 8/28/08 (Durham DO) Passed!
        OL: 9/23/08
        OD: 10/06/08
        PP: 10/21/08 (applied)
        PP: 11/1/08 (received)
        ------------------------------------------

        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        Comment


        • #5
          i was denied 4 month ago because I was 20 days short of exactly 50% - in the 5-year-case it is (5x365 =1825, 1825/2 =) 912.5, to be safe - minimum 913 total full days in US. (use timeanddate.com calculator to calculate exact length of every trip)

          if rest of time outside US was trips less then 6 month and they were not "back-to-back" then they will not question.

          if there were trips longer then 6 month but less then 12 - then applicant needs an evidence that he kept his US residence - like taxes, real estate, rentals, car loan, job etc.
          Cal-SC CP i-130 for my Mom
          07/06 - NOA1
          08/29 - NOA2
          09/14 - NVC case#
          09/17 - AOS bill paid, ds3032 emailed
          09/28 - AOS ackn
          10/02 - 3032 ackn, IV Bill paid
          10/14 - checklist resp rec'd
          10/21 - case complete!
          10/28 - email appt
          11/20 - interview
          11/28 - POE LA
          ---
          detailed i130 timeline

          Comment


          • #6
            Hi Feliz-LA

            same case here, I got denied on my first N400 application last 2006 due to my lack of 23 days physically present in the US.
            This is my second application now hopefully it will be approve
            Application Date - 01/12/2009
            FP received - 01/30/2009
            FP date - 02/10/2009
            IL - waiting
            ID - waiting
            OL - waiting
            OD - waiting

            I am so dependent on the uscis website, and I found out there that the processing time for N400 applicants in LA will take about 1 year from now, it says there that they are now processing case dated February 2008.
            Can anyone help me how to interpret their processing time? Are they referring to the date they received the application or the date they scheduled the interview?

            Im a little bit worried that my application might take years to process
            Feliz-LA, where did you get the estimated actual timelines? Thanks in advance for your assistance.

            I've read a lot of cases here that their application was sent somewhere in August-October 2008 but they have been scheduled for an interview and some are scheduled for an oath taking already. These experiences are so inspiring. We hope to have the same timeline as yours. :-)
            I-130 for Mom
            06/13/2009: I-130 sent
            06/16/2009: I-130 received
            06/19/2009: I-130 NOA1
            06/23/2009: Check cashed
            09/01/2009: NOA2 (hard copy)
            09/25/2009: DS-3032 & AOS bill in mail

            I-130 for Wife
            06/13/2009: I-130 sent
            06/16/2009: I-130 received
            06/19/2009: I-130 NOA1
            06/23/2009: Check cashed
            09/08/2009: NOA2 (e-mail approval)
            09/18/2009: NVC Case Received & Assigned Case #
            09/21/2009: NVC mailed DS-3032 and AOS bill
            09/25/2009: DS-3032 & AOS bill in mail & email

            Comment


            • #7
              OP
              You have no issue.

              You have to have minimum presence completed on the day you apply, not projected completion at the end of 5 years from your GC.

              Comment


              • #8
                Hi Pattajeeta,

                You should not worry if:

                - if you are outside the US for less than 912 days (for 5 years)
                - if your trip did not last 180 days (in a year)
                - you are physically present in the US for more than 913 days (fo the last 5 years)

                *be careful in counting the no. of days, You should count it, the exact time you sent your application, for example you filed January 01, 2009, count your absences starting January 01, 2004.

                I got denied on my first application due to lacked of 23 days being physically present in the US. (we did wrong calculations).

                ...very frustrating, I should have waited for 1 month more.


                Originally posted by pattajeeta View Post
                Guru's need your advice.

                I understand that one can apply for Citizenship after 4.9 months after getting GC, assuming that one has maintained the GC and is in the US for more than six months in a calendar year.

                I am being told by some friends that the total number of days that one can be out of the country after getting GC in the 5 years is a total of 180 days. Is this correct? I expect to be out of the country for about 340 days when I apply with no single trip being more than 40 days and total number of days being out of the country in a year being less than 100 days.

                Can someone please comment?

                Thanks,
                I-130 for Mom
                06/13/2009: I-130 sent
                06/16/2009: I-130 received
                06/19/2009: I-130 NOA1
                06/23/2009: Check cashed
                09/01/2009: NOA2 (hard copy)
                09/25/2009: DS-3032 & AOS bill in mail

                I-130 for Wife
                06/13/2009: I-130 sent
                06/16/2009: I-130 received
                06/19/2009: I-130 NOA1
                06/23/2009: Check cashed
                09/08/2009: NOA2 (e-mail approval)
                09/18/2009: NVC Case Received & Assigned Case #
                09/21/2009: NVC mailed DS-3032 and AOS bill
                09/25/2009: DS-3032 & AOS bill in mail & email

                Comment


                • #9
                  All these denials are making me worried.

                  I got my GC 06/17/2004

                  I have had following outside visits:
                  jan 05 - feb 05 -- 42 days
                  nov 07 - apr 08 -- 174 days
                  sep 08 - oct 08 -- 10 days
                  jan 09 - feb 09 -- 24 days

                  planning to apply 03/19/09

                  Should I be worried?
                  03/24/09: N-400 Mailed to Lewsville, TX Lockbox.
                  03/27/09: N-400 Received By Lockbox.
                  03/27/09 : Priority Date.
                  04/01/09 : Check Cashed.
                  04/01/09 : Notice Date.
                  04/04/09 : NOA Received ( I-797C).
                  04/18/09 : FP Notice received
                  04/23/09 : FP date and done
                  04/27/09 : In queue for Interview
                  05/22/09 : IL Received (Notice Date 05/20)
                  07/14/09 : ID Passed
                  07/22/09 : OL Received
                  08/12/09 : OD Citizen!!!
                  08/12/09 : PPB and PPC applied expedite.

                  Comment


                  • #10
                    Originally posted by truedesi View Post
                    All these denials are making me worried.

                    I got my GC 06/17/2004

                    I have had following outside visits:
                    jan 05 - feb 05 -- 42 days
                    nov 07 - apr 08 -- 174 days
                    sep 08 - oct 08 -- 10 days
                    jan 09 - feb 09 -- 24 days

                    planning to apply 03/19/09

                    Should I be worried?
                    you may be deined

                    Comment


                    • #11
                      your GC is based on what? if its based on 5 years residency, i think you will be denied, (try applying on June 18, 2009) if its based on marriage to a US citizen. you have a chance to get approve.

                      Originally posted by truedesi View Post
                      All these denials are making me worried.

                      I got my GC 06/17/2004

                      I have had following outside visits:
                      jan 05 - feb 05 -- 42 days
                      nov 07 - apr 08 -- 174 days
                      sep 08 - oct 08 -- 10 days
                      jan 09 - feb 09 -- 24 days

                      planning to apply 03/19/09

                      Should I be worried?
                      I-130 for Mom
                      06/13/2009: I-130 sent
                      06/16/2009: I-130 received
                      06/19/2009: I-130 NOA1
                      06/23/2009: Check cashed
                      09/01/2009: NOA2 (hard copy)
                      09/25/2009: DS-3032 & AOS bill in mail

                      I-130 for Wife
                      06/13/2009: I-130 sent
                      06/16/2009: I-130 received
                      06/19/2009: I-130 NOA1
                      06/23/2009: Check cashed
                      09/08/2009: NOA2 (e-mail approval)
                      09/18/2009: NVC Case Received & Assigned Case #
                      09/21/2009: NVC mailed DS-3032 and AOS bill
                      09/25/2009: DS-3032 & AOS bill in mail & email

                      Comment


                      • #12
                        Originally posted by musashi View Post
                        your GC is based on what? if its based on 5 years residency, i think you will be denied, (try applying on June 18, 2009) if its based on marriage to a US citizen. you have a chance to get approve.
                        It is based on 5 yrs rule. so I can apply 3 months before completing 5 yrs. why do you think I should apply June 18th?
                        03/24/09: N-400 Mailed to Lewsville, TX Lockbox.
                        03/27/09: N-400 Received By Lockbox.
                        03/27/09 : Priority Date.
                        04/01/09 : Check Cashed.
                        04/01/09 : Notice Date.
                        04/04/09 : NOA Received ( I-797C).
                        04/18/09 : FP Notice received
                        04/23/09 : FP date and done
                        04/27/09 : In queue for Interview
                        05/22/09 : IL Received (Notice Date 05/20)
                        07/14/09 : ID Passed
                        07/22/09 : OL Received
                        08/12/09 : OD Citizen!!!
                        08/12/09 : PPB and PPC applied expedite.

                        Comment


                        • #13
                          You're right man! my apology, I'd overlooked the "3months before 5 years residency rule".
                          In your case, since you have no absence of more than 180 days in evey trip, I dont see any problem. I think you will be approve then. :-)
                          Goodluck!
                          Last edited by musashi; 26th February 2009, 02:18 PM. Reason: wrong spelling
                          I-130 for Mom
                          06/13/2009: I-130 sent
                          06/16/2009: I-130 received
                          06/19/2009: I-130 NOA1
                          06/23/2009: Check cashed
                          09/01/2009: NOA2 (hard copy)
                          09/25/2009: DS-3032 & AOS bill in mail

                          I-130 for Wife
                          06/13/2009: I-130 sent
                          06/16/2009: I-130 received
                          06/19/2009: I-130 NOA1
                          06/23/2009: Check cashed
                          09/08/2009: NOA2 (e-mail approval)
                          09/18/2009: NVC Case Received & Assigned Case #
                          09/21/2009: NVC mailed DS-3032 and AOS bill
                          09/25/2009: DS-3032 & AOS bill in mail & email

                          Comment


                          • #14
                            Originally posted by musashi View Post
                            You're right man! my apology, I'd overlooked the "3months before 5 years residency rule".
                            In your case, since you have no absence of more than 180 days in evey trip, I dont see any problem. I think you will be approve then. :-)
                            Goodluck!
                            just hope my IO will be as nice as you.. lol
                            03/24/09: N-400 Mailed to Lewsville, TX Lockbox.
                            03/27/09: N-400 Received By Lockbox.
                            03/27/09 : Priority Date.
                            04/01/09 : Check Cashed.
                            04/01/09 : Notice Date.
                            04/04/09 : NOA Received ( I-797C).
                            04/18/09 : FP Notice received
                            04/23/09 : FP date and done
                            04/27/09 : In queue for Interview
                            05/22/09 : IL Received (Notice Date 05/20)
                            07/14/09 : ID Passed
                            07/22/09 : OL Received
                            08/12/09 : OD Citizen!!!
                            08/12/09 : PPB and PPC applied expedite.

                            Comment


                            • #15
                              Originally posted by India 1975 View Post
                              you may be deined
                              Is that because of that 174 day trip right? but I do not have any back to back long trips. just one
                              03/24/09: N-400 Mailed to Lewsville, TX Lockbox.
                              03/27/09: N-400 Received By Lockbox.
                              03/27/09 : Priority Date.
                              04/01/09 : Check Cashed.
                              04/01/09 : Notice Date.
                              04/04/09 : NOA Received ( I-797C).
                              04/18/09 : FP Notice received
                              04/23/09 : FP date and done
                              04/27/09 : In queue for Interview
                              05/22/09 : IL Received (Notice Date 05/20)
                              07/14/09 : ID Passed
                              07/22/09 : OL Received
                              08/12/09 : OD Citizen!!!
                              08/12/09 : PPB and PPC applied expedite.

                              Comment


                              • #16
                                Originally posted by truedesi View Post
                                Is that because of that 174 day trip right? but I do not have any back to back long trips. just one
                                You have no back-to-back series of trips and that one long trip was under 180 days, so you should be OK if you apply when you plan to (3/19/09).

                                EB3 ROW I-485 Approved: July 2007
                                USC: July 2013
                                I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                                Comment


                                • #17
                                  Originally posted by truedesi View Post
                                  Is that because of that 174 day trip right? but I do not have any back to back long trips. just one
                                  I don't see why you would be denied for a single trip over 174 days during the statutory period unless you admit that you were working as a prostitute or pimp in your home country.
                                  Sent N-400 7/28/07
                                  PD 7/27/07
                                  Check cashed 12/5/07
                                  NOA 12/7/07
                                  FP notice 1/4/08 (received 1/10/08 )
                                  FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
                                  IL: 6/10/08
                                  ID: 8/28/08 (Durham DO) Passed!
                                  OL: 9/23/08
                                  OD: 10/06/08
                                  PP: 10/21/08 (applied)
                                  PP: 11/1/08 (received)
                                  ------------------------------------------

                                  ------------------------------------
                                  IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                                  Comment


                                  • #18
                                    Originally posted by Bobsmyth View Post
                                    I don't see why you would be denied for a single trip over 174 days during the statutory period unless you admit that you were working as a prostitute or pimp in your home country.
                                    Great point. I will restrain myself from disclosing it .
                                    03/24/09: N-400 Mailed to Lewsville, TX Lockbox.
                                    03/27/09: N-400 Received By Lockbox.
                                    03/27/09 : Priority Date.
                                    04/01/09 : Check Cashed.
                                    04/01/09 : Notice Date.
                                    04/04/09 : NOA Received ( I-797C).
                                    04/18/09 : FP Notice received
                                    04/23/09 : FP date and done
                                    04/27/09 : In queue for Interview
                                    05/22/09 : IL Received (Notice Date 05/20)
                                    07/14/09 : ID Passed
                                    07/22/09 : OL Received
                                    08/12/09 : OD Citizen!!!
                                    08/12/09 : PPB and PPC applied expedite.

                                    Comment

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