Eligibility for naturalization when came back after 2 years 9 months but with valid re-entry permit.

A

AnoopTripathi

New Member
PR - 05/2002
Applied Re-entry permit and Went to India 9/2004
Came back to US for 2 weeks trips in 12/2005 and 12/2006.
Applied and got a second re-entry permit on 2006.
Returned permanently to US 07/07/2007

When can I file? I was thinking 07/08/2011. But could it be 07/08/2012?

Another question: I was married in 1995. My spouse (got GC at the same time as me) naturalized in 2007 but I could not due to these trips. Can I use the spouse and 3 year rule category? I think that makes me eligible to file on 07/08/2009.

Another data point: Had sold the house in 2004 before going to India.

Appreciate the help and guidance.
 
AnoopTripathi said:
PR - 05/2002
Applied Re-entry permit and Went to India 9/2004
Came back to US for 2 weeks trips in 12/2005 and 12/2006.
Applied and got a second re-entry permit on 2006.
Returned permanently to US 07/07/2007

When can I file? I was thinking 07/08/2011. But could it be 07/08/2012?
Click to expand...

Based on the info above, you can use the 4 years plus 1 day rule, under which you would be eligible to file N-400 on 07/09/2011.

Another question: I was married in 1995. My spouse (got GC at the same time as me) naturalized in 2007 but I could not due to these trips. Can I use the spouse and 3 year rule category? I think that makes me eligible to file on 07/08/2009.
Click to expand...

When exactly in 2007 did your spouse naturalize? If it was before 07/07/2007, then, as I understand it, you may file under the 2 years plus one day rule, i.e. you'd be eligible to file as of 07/09/2009.

If your spouse became a USC after 07/07/2007, then I am not sure if you can utilize the 2 year plus 1 day rule. However, that seems immaterial since, if you did not have any extended trips after 07/07/2007 and are still married to your USC spouse, you can use the plain 3 year rule (since it has been more than 3 years since your return).
 
It has been more than 3 years since your spouse naturalized, and more than 3 years since your last long trip, so you can apply now with the 3 year rule if you are still married to the same USC spouse. No need to go for the uncommon 2 year + 1 day rule.
 
Thanks for the responses. My spouse got the citizenship in Jan 2007. I wasn't sure whether I can apply using the spouse + 3 year rule. If you look at the eligibility test workflow this is not very clear. It kind of says that use the spouse quota if it has been 3-5 years since you got GC. But for 5+ years since GC was issued use the normal (90% case) flow.

I will apply right away.
 
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