Days Spent Outside of US

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Deniz Mavi Cesur

New Member
Hi everyone,

I am in the process of calculating the days spent outside of US. One question I have is do I count the days I spent on a cruise (Close loop Caribbean Cruise) even though there are no stamps on my passport from US Customs?

I heard days spent on international waters don't count as days spent outside of US. Is this true?

Thanks for any clarification.
 
How many days have you spent on caribbean cruises? Lol


Just be honest on your application
To the best of your knowledge !!
 
Indeed...
By definition “international waters” is outside the US.... If you’re not in a US territory then you are, um, outside the US - whether or not your passport gets stamped.
If you’re so close to missing your physical presence requirement that a cruise will make a difference, wait the week or two to add it in. If it’s not critical, submit now and add it in.
 
Thank you so much for the replies.

I haven't spent much time on the cruises! I wish i could :)

I was only out of US for about 100 days in the past five years so including the cruise is not a big deal at all. I just wanted to understand the rules. So, thank you for clarifying the international waters rule.

I have another question. If I know I will be out of the US after I submit my application do I put it down on the application or not?

Thanks again.

Deniz
 
Deniz Mavi Cesur said:
I have another question. If I know I will be out of the US after I submit my application do I put it down on the application or not?

Thanks again.

Deniz
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No, the form asks as at the date you submit, and plans get cancelled or change, you can update with any new travel info during the interview. Good luck, so exciting! Which FO will you be at by the way?
 
SusieQQQ said:
No, the form asks as at the date you submit, and plans get cancelled or change, you can update with any new travel info during the interview. Good luck, so exciting! Which FO will you be at by the way?
Click to expand...
Thank you! Chicago will the FO. Processing times look depressing right now!
 
Hello everyone
I’m in States as a LPR since november 2013. First 2 years I lived in my country for studying reasons, entering in US once a year. I definitely entering on nov 2015. Can I apply now for the citizenship? What’s the right time? Thank you
 
A-A said:
Hello everyone
I’m in States as a LPR since november 2013. First 2 years I lived in my country for studying reasons, entering in US once a year. I definitely entering on nov 2015. Can I apply now for the citizenship? What’s the right time? Thank you
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Suggest you look up the continuous presence and physical presence requirements for naturalization (see link below) and calculate your absences to see whether you qualify. I suspect you’re still quite a way away, although you haven’t specified how you got your green card, which could make a difference

https://www.uscis.gov/us-citizenshi...physical-presence-requirements-naturalization
 
You're right. I came to States through DV Lottery. Some one told me that I need to stay physically in US for 900 days in 5 years. Is that true?
 
SusieQQQ said:
Did you read the link I posted?
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Yes, I did. But a little bit confused.
I didn't left any immediate family in States, because I'm single. During my studies, I was employed in my country and didn't filed taxes (i tried) because I didn't had w2 form.
 
A-A said:
Yes, I did. But a little bit confused.
I didn't left any immediate family in States, because I'm single. During my studies, I was employed in my country and didn't filed taxes (i tried) because I didn't had w2 form.
Click to expand...

I was referring to the number of days calculation, and the disruption of continuous residence requirement, which is what you were asking about. Without knowing all your details it would seem to me that you need to (re)start your 5-year countdown from Nov 2015 (if it was marriage based it would have been 3 years, and that would make sense asking about this year). So you still have a couple of years to go, unless you were actually coming back every 6 months?
Then you can calculate the second issue (physical presence) which is the 30 months inside the US that you referred to before, but that’s kind of irrelevant if the continuous residence requirement hasn’t been met.

I’m reposting exactly from the link I gave you, it seems pretty clear and not confusing? But I’ve highlighted in bold what I think is relevant to you/your questions:

—-
Continuous Residence

Applicants are required to show that they have:

  • Resided continuously in the U.S. for five years before applying, (see legal basis), or
  • Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis)
“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

Physical Presence

Applicants are required to show that they were:

  • Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
  • Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)
In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).
 
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Susie, under
  • Absences of more than six months but less than one year may disrupt an applicant’s continuous residence (legal basis) you can find something like in foto attached
I have been outside USA twice, less then one year, becoause of my studyig
 

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A-A said:
Susie, under
  • Absences of more than six months but less than one year may disrupt an applicant’s continuous residence (legal basis) you can find something like in foto attached
I have been outside USA twice, less then one year, becoause of my studyig
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Yes, so you disrupted your comtnious residence twice, so you have to start counting your 5-year period from November 2015 (that’s when you indicated you moved properly).

The photo you posted is about the state in which you can apply for naturalization (because there is also a local residence requirement for that as per last sentence of my previous post) if you are studying in a different state from but still dependent on your (in-US) parents. From what you said earlier it doesn’t seem to have any relevance to your case. You didn’t just move to a different state from your parents, you studied outside the US.
 
So sad....

Thank you Susie. I hoped that my studying can justify my absence in States... Hope something change...
Sorry, what if I'll marry an american citizen? Can that change something?
 
A-A said:
So sad....

Thank you Susie. I hoped that my studying can justify my absence in States... Hope something change...
Sorry, what if I'll marry an american citizen? Can that change something?
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Why do you need to marry an American in order to gain US citizenship when you haven’t lost your LPR status. By the way, if you’ve lost your LPR status and your marry a US citizen for the purpose of obtaining obtaining an immigration benefit such as getting a GC or US citizenship, you will,be committing an immigration fraud which carries dire consequences.

If you’re currently not eligible to apply for citizenship, wait until you meet the requirements and then apply.
 
A-A said:
Hello everyone
I’m in States as a LPR since november 2013. First 2 years I lived in my country for studying reasons, entering in US once a year. I definitely entering on nov 2015. Can I apply now for the citizenship? What’s the right time? Thank you
Click to expand...

And aren’t you a DV 2016 selectee who entered the US on April 1st, 2016? So how could you have been in the US as a LPR since Nov. 2013????

A-A said:
Hi all. I entered in the POE on the 1 of April 2016, but came back in my country after 2 weeks. I know that I can stay out of USA for less than one year (does that mean I can turn back one week before 1 of April 2017?), but I'm wondering if I can stay more than one year out of USA borders? I'm still studying (phd studies). Is that any way for me to stay 2 years out of USA and than transferring in States after graduating? Thank you
Click to expand...
 
A-A said:
So sad....

Thank you Susie. I hoped that my studying can justify my absence in States... Hope something change...
Sorry, what if I'll marry an american citizen? Can that change something?
Click to expand...

It “justifies” it in the sense that you didn’t lose your green card because of it. That’s totally different from the residence requirements for naturalization. We warn about this often in the forum, I’m surprised you didn’t pick up on it before.
Marrying someone with the intention to gain an immigration benefit is immigration fraud, but should you genuinely marry a citizen for the right reasons you can apply for naturalization 3 years later. Your marriage will be scrutinized at your naturalization interview if you are claiming naturalization on the 3-year marriage rule rather than the normal 5-year residence rule.
 
Sorry Susie
I was writing on behalf of my cousin. He has same of my situation, but he entered USA 3 years before me. He needs to do the naturalization asap, because he is planing starting a master in Europe. If he lives now States, his naturalization will be postponed to much.
I will be in the same situation 3 years latter. I also, for studying reasons disrupted my residence for 2 years. But I have time. Mabe I can youse 4 uears and 1 day rule...
 
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