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  • When to Apply

    My spouse is finishing 4 years and 9 months after GC but there was 10 days back home (out of USA) trip. So should we have to count 10 days also in 4 years and 9 months ?

  • #2
    No, short absences (visits) abroad do not affect your filing period. By the way, it is 5 years MINUS 90 days, not 4 years and 9 months. Don't make the mistake of applying even 1 day early, as if this is noticed, you will be rejected, which could happen at the interview, so you would have wasted a lot of time and money. Wait a few extra days past the 5 years minus 90 days (make it 80 days, maybe), just to be sure.
    *** El Cafe ***

    N400 - NYC (Brooklyn)
    March 12 2010: Sent
    April 7 2010: FP done- walk-in
    August 3 2010: ID decision not made
    December 12 2010: Lawsuit filed under 8 USC 1447(b)
    March 31 2011: 31 Oath date
    April 1 2011: Passport applied, picked up!

    Comment


    • #3
      Originally posted by cafeconleche View Post
      No, short absences (visits) abroad do not affect your filing period. By the way, it is 5 years MINUS 90 days, not 4 years and 9 months. Don't make the mistake of applying even 1 day early, as if this is noticed, you will be rejected, which could happen at the interview, so you would have wasted a lot of time and money. Wait a few extra days past the 5 years minus 90 days (make it 80 days, maybe), just to be sure.
      Agree with cafeconleche on this. Leave at least a 7 or 10 day grace period and apply about 80 days prior to your 5th year anniversary.

      I read about many cases being rejected just because of one day or two days early filing.

      Comment


      • #4
        Hi

        IS THERE ANY SITE WILL TELL US DATE TO FILE. I have seen USCIS link but do not have. If you have please give me.

        Comment


        • #5
          Calculator link

          Originally posted by AshvinKPatel View Post
          IS THERE ANY SITE WILL TELL US DATE TO FILE. I have seen USCIS link but do not have. If you have please give me.
          See here: ->
          http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

          As others have suggested, add 10 days to this date. It's not worth taking a chance by being too early.
          LPR since 01/1996 DO: Detroit, MI
          All 2012
          01/31 000d N-400 mailed
          02/21 021d FP notice
          03/15 044d FP done
          03/19 048d In line
          06/12 133d Interview
          06/27 148d In oath sched que
          06/29 150d OL1 sent
          07/21 172d Notice of Oath resched.
          08/16 198d OL2 sent
          08/30 212d Oath Ceremony -> USC
          08/31 213d PP applied
          09/20 233d PP rcvd

          Comment


          • #6
            Date of Application ?

            So what will be date USCIS consider ? Date of mailling or date of received N-400 ? or Date of entry N-400 application in System ? I am sending my spouse application after one week of 4 years and 9 month comes from above USICIS date calculate website.

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            • #7
              I'm not 100% sure, but I think it's the date that you mail it. They make repeated mentions to the "filing date", which is the date that you mail it. This is how the IRS considers your taxes to be on time, for example, by the date that it's postmarked (mailed)

              However, if you're worried about whether it's this date or that date a few days later, that means you're cutting it too close, in my opinion.
              LPR since 01/1996 DO: Detroit, MI
              All 2012
              01/31 000d N-400 mailed
              02/21 021d FP notice
              03/15 044d FP done
              03/19 048d In line
              06/12 133d Interview
              06/27 148d In oath sched que
              06/29 150d OL1 sent
              07/21 172d Notice of Oath resched.
              08/16 198d OL2 sent
              08/30 212d Oath Ceremony -> USC
              08/31 213d PP applied
              09/20 233d PP rcvd

              Comment

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