4Yrs+1 Day Clarification needed

P

pvelamur

Registered Users (C)
Hi Friends,

I need your advise on the following.
My wife got her Green Card in 2000 dec and went to India in 2003 June. She applied re entry permit 2 times and came back to USA in Sept 2007. In between She travelled to USA only one time during Aug 2005.

After 2007 Sept she is staying in USA with out a break. In between she made 2 trips to India one in 2008 and one in 2010 for less than a month duration.
When she can apply for her N-400. She can apply in Sept 2011 or in those 4 yrs period she should never leave the country even for a day.
Any pointers will be really appreciated
 
She adds 4 years and one day to the return day from the last LONG DISRUPTIVE TRIP. Any short trip since then only counts against the physical presence requirement and not the continuous residence requirement.
 
Thanks for the information. She cam back to USA on 6th Sept 2007, so she can apply on 7th Sept 2011.
 
september 8th 2011 will make her elgible, depending on he 4y+1 day rule, as long as she keeps her trips shorter than 6 months at a stretch, has 30 months of physical presence in the country. you may be required to prove that america was still her primary residence during her time away. might be asked to show accounts, property, utilities, but tax returns for sure - to show that you maintained ties. i guess the issue only arrives if the applicant had claimed non resident as for tax purposes.


i had used the 4y+1 d rule for my naturalization

Be sure to include a cover letter explaining your
 
sreeleshk said:
september 8th 2011 will make her elgible, depending on he 4y+1 day rule, as long as she keeps her trips shorter than 6 months at a stretch, has 30 months of physical presence in the country. you may be required to prove that america was still her primary residence during her time away. might be asked to show accounts, property, utilities, but tax returns for sure - to show that you maintained ties. i guess the issue only arrives if the applicant had claimed non resident as for tax purposes.


i had used the 4y+1 d rule for my naturalization

Be sure to include a cover letter explaining your
Click to expand...

You do not need to rebut any presumption because the remedy has been invoked and the waiting will have been fulfilled.

You only may rebut a trip of between 6 months and a year, anything longer and residence is disrupted and you just use the remedy.

If the trip is over 6 months but less than a year, you can opt to fulfill the remedy rather than rebut the presumption, it's easier.
 
BigJoe5 said:
If the trip is over 6 months but less than a year, you can opt to fulfill the remedy rather than rebut the presumption, it's easier.
Click to expand...
Depends what you mean by "easier". It can be just as easy to provide sufficient proof of US residency ties during such trips than it is to use the remedy.
 
You must log in or register to reply here.
Top