EXACTLY 180 days outside USA - My case

N

namelater

Registered Users (C)
Hi Guys,
Please throw some light here.

We got GC in 2002. I got in Apr 2002 and my wife got in Aug 2002. Since then, she never left USA until Aug 2004.

She went to India on Aug 7 2004 and returning on Feb 4 2005.
I now realise that it would be exactly 180 days that she would be spending outside USA. I am unable to prepone the return date for various reasons.

No. of days outside USA = Feb 4, 2005 - Aug 7, 2004. I have NOT COUNTED Aug 7th and Feb 4th as days spent outside USA.

My question:
1. Did I calculate the above number of days right?
2. Would she brake the "Continous Residency"? requirement since she spent 180 days outside USA

3. If she did brake the requirement, what should be done from my part now when we go for citizenship interview.

Additional Info: All our bank accounts are on our both names and The apartment is on our both names.

Please do offer your experiences and exact references if you came across any similar cases. Or please throw some more light.
 
Hi


I think you count Aug 7th as being in the US but not Feb 4th. I think you can count the day as being in US if you were in the US at midnite at the start of the new day ie she was here on midnite AUG6/7 hence 7th counts but she will be in the air on midnite Feb 3/4 so 4th counts as out.

Now I cant remember where I read this , it may be somethign that I picked up in relation to tax liabilites or something else and might not count in immigration. But it is worth checking into as this would push her to 181 days out. Note there is no such word in English as prepone, although all my Indian friends use it and I understand what you mean. Personally I would change the flight.

regards
 
Thank you friend.
Assuming that Feb 4th counts as the day spent in USA, Would she brake the continous residency requirement since she spent exact 180 days outside the country?
In other words my question is a) Does a person brake the requirement when s/he spent 180 days outside or 181 days outside?

Please throw in your guidance..
 
namelater said:
Thank you friend.
Assuming that Feb 4th counts as the day spent in USA, Would she brake the continous residency requirement since she spent exact 180 days outside the country?
In other words my question is a) Does a person brake the requirement when s/he spent 180 days outside or 181 days outside?

Please throw in your guidance..
Click to expand...

As far as the US immigration is concerned, a partial day spent in the US is considered to be a full day spent in the US.
 
Both the INA (http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act316) and Title 8, CFR (http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec3165) indicate that absences of over six months may require additional explanations. Your wife should be fine on that count, Nameletter. This is not to say that an overzealous officer will not ask her to explain her absence anyway, so I would advice her to be prepared with a reasonable explanation for her extended stay outside the US. Also, as Gabby2001 has already noted, partial days in the US count as full days.
 
Thank you CRS..
Do I get an impression from you that 180 days is fine, because going by SIX months rule, Feb 7th is the deadline, but she will be here on Feb 4th?
 
Yes, but your wife should be prepared to explain her long absence... only if she is asked to, of course.
 
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