Applying for US Citizenship --Five year or Three year

A

ameriki_monk

Registered Users (C)
My wife got her GC in 07/2010, it was temp card and got permanent card in 2012. We were out of US for 2 years but visited US every few months, except one trip was 9 months long. We have been back in US since 08/2013. Few questions

Do I need to file under 3 year rule or five year rule?
Do I need to send some more documentation for explaining about our trip lasted over six months and less than a year ( strong ties to US, we had a home in US, with account statements)

Which forms do I use for N400, because the form on USCIS website says it expired on 09/30/15 (OMB No. 1615-0052 Expires 09/30/2015).
 
You didn't give dates, but if you qualify for both the 3-year rule and 5-year rule (more likely the 2-year-plus-1-day rule and 4-year-plus-1-day rule respectively), you should apply under the 5 year rule; if you only qualify under the 3-year rule (or 2-year-plus-1-day rule) then obviously you should apply under that rule.
 
What is 4 yr plus 1 day rule? Here are the dates
GC approved 07/2010
GC approved (Permanent) 07/2012
Visits out of US from 2011 to 2013, one trip lasting over six months but less than a year
Back in US since 08/2013
 
Oh nevermind, when you said "We were out of US for 2 years" I thought you meant you took a trip of more than 1 year, but you meant you took multiple trips.
 
The 4 year plus 1 day (or 2 year plus 1 day) rule is applied to people deemed to have broken continuous residence. It is entirely possible that they will claim you did too when you took that trip for longer than 6 months, or even the whole two years since they might construe it has being one trip that was just broken up to circumvent residency rules (if you didn't get a re-entry permit).

Anyway, since in August 3 years will have been reached after that, the 3-year rule is clearly within reach (you are a citizen, right?). But, the 4 year plus 1 day rule might also apply, but is just slightly more risky. If your marriage is stable and there are no kinks in your living situation/etc., the 3 year rule should be fine.
 
Thanks for your reply. why do you think stay over six month could be considered as break in residency? in two years, that we were outside US, these are the dates
GC approved - 07/10

07/11 to 12/11 (148 days out of US)
12/11 to 06/12 (158 days out of US)
10/12 to 08/13 (311 days out of US - lasted more than six months)

We have documentation to show strong ties-- bank statement, house in US.

Do we need to wait till August 16, to have three years in US before applying for Citizenship? This is what I see on n 400 requirements

4. During the last five years, I have not been out of the United States for 30 months or more.

5. During the last five years (or the last three years if I qualify under Attachment A),
I have not taken a trip out of the
United States that lasted one year or more.

We were not of US for over 30 months, and didn't have a trip that lasted over a year.

Can't afford a lawyer, and don't want the petition to be rejected and then reapply with all the fees again. Thanks for any advice.
 
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