Establish Residency Problem

[Bobsmyth]

There is another 90 day rule ... you can file the N-400 no earlier than 90 days before your 5-year GC anniversary.

The big "and" here that if often missed is 5 years of continuous residence. The 90 day grace period is specific to meeting continuous residence, not just years of GC status.

 

[iloveaustin]

If the IO found grounds that you broke your residency in those 2 months then yes they can re-set your clock. If you were say renting a place and working in the other country for 2 months, that then can show the IO you are not maintaning US residency (even with owning or paying bills back here).

It is all about what you are doing over in the foreign country that makes the decision, and not the time spent over there (unless after the 6 months, then it becomes a lot more in the favor of the IO to re-set the clock).

If he found resaonable evidence you werer not just mearly visiting on vacation or visiting relatives etc, but engaged in employment etc, then that would be all they need to prove you did in fact break the residency cycle.

I don't know about your details on your 2 months away from the US to make any assumptions. I'm just saying this is one way that an IO can re-set the clock after only a couple of months.

There have been several cases like this, so it's not all that uncommon. Under 6 months the IO has to prove you broke residency, after 6 months away its you that has to prove it. If he has the proof, then he can do that...

I was gone back my country to packing everything and see some relative for immigrant. I was a student back then. I try to search again on USCIS’s law page. The requirement only state that 90 days or 3 months rule are lived in same district or state when you apply the N400. However, in the law it also didn’t specific that the five years clock start at the date on the GC. I don’t think I have any hope tomorrow, but I want to ask them which section of the law clearly specific it. A lot of my friend or relative have the same situation as me. They passed anyway.

 

[iloveaustin]

There is another 90 day rule ... you can file the N-400 no earlier than 90 days before your 5-year GC anniversary. You applied before that cutoff, so I wonder why he didn't just deny you outright for that reason, instead of talking about your trip at the beginning of the 5 years and postponing the interview. The next interviewer or their supervisor probably will notice that you applied too early and your case will be denied.

I know that 90days rule. The problem right now is when does the 5 years clock start counting? If it’s counting the date on my GC; than what the problem? I already passed five years!!

 

[kaatupaadi]

You applied too early.
You cant apply on 06/05/2009 if you got your GC on 09/15/2004.
You should have applied after 06/20/2009.

So basically, you filing is invalid. Doesn't matter it's been more than 5 years since you got GC as of today. I think you must have misunderstood what the IO said. He must have rejected because technically your application is invalid.

If you know the 90 day rule, why did you apply before 90 days anyway ??. I just don't get it.

 

[Triple Citizen]

However it seems that this error has not been caught by USCIS, yet!!!

So basically, you filing is invalid. Doesn't matter it's been more than 5 years since you got GC as of today.

 

[Jackolantern]

The big "and" here that if often missed is 5 years of continuous residence. The 90 day grace period is specific to meeting continuous residence, not just years of GC status.

Yes, but my point was that there is no need for the IO to get into the nuances of continuous residence, for an application that was filed before 5 years minus 90 days had elapsed since the GC approval (assuming the application isn't eligible for the 3-year rule or expedited citizenship, of course).