Does 4 year and 1 day rule apply?

ponyo_rocks

Registered Users (C)
TL;DR: SO got GC 6 years ago. Lived abroad for 2 years earlier in this period with REP & many trips to US, so no stay outside for more than 1 year (but 2 stays 180+ days). Wondering about eligibility using 4 yr and 1 day rule. Very short vacation trips abroad in the past 3.5+ years and established deep roots.

Thanks for replying! I am trying to determine my SO's citizenship eligibility.

My SO became an LPR 6 years ago, in July 2011. We stayed outside the country with a valid re-entry permit from mid-2012 and mid-2014. Worked abroad, but filed taxes as resident. We re-established residency in May 2014. However, my SO traveled several times to the US during our two years abroad for work reasons, to such a degree that during the two years, he only had two trips outside the US for 192 days and the rest under 180 days.

Since Nov 23, 2013 his longest trip outside the US has been 140 days. All other trips ranged 5-35 days long. His four years and 1 day period is coming up on Nov 24, 2017 and I wonder if he might be eligible to apply for naturalization using 4 yr and 1 day rule. He meets physical presence: ~600 days outside in 5 years.

Thank you for reading and answering!
 
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