N-400 applicant, disrupting continuous residency?

i came back april 2004...the lawyer here in cali was the one who told me to submit by march...i learned my lesson when i got denied now i reapplied because ive been here since april 2004 with the longest break of 31 days last 2005....
i was relating my story to musashi to show him what happened to me and what paperwork they told me to submit...he might need it to..from what i understand this is his 2nd time to file too! thanks!

PR81502 said:
With a PD of 3/2008 it was still before 4 years + 1 day. Also when you were interviewed would have no bearing in your case. What was relevant were the dates of your last break in CR 5/2003 and 4/2004(when you resumed CR) and your PD 2/2008 or 3/2008. Also when an applicant files a N-400, the date signed on the form and PD are carved in stone even if it takes them 12 months to make a decision on the case from PD to denial. So if you did not qualify at filing then it makes no difference if they make a decision 12 months after filing. Hence the decision is based on all the eligibility requirement at filing.

If your PD was before the 4 years + 1 day and you could not prove the ties to the US they would have always denied your case.

So please give the exact date of your return after the 9 months travel(2003-2004). Is it FEb/2004, March/2004 or April/2004 that you returned for good?

Many people are in a similar situation hence accurate info will go a long way in assisting everyone.

Thanks and good luck in the most recent N-400 application.
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HudsonValley said:
Yes, it's marriage based. I wrote August (not July), because I quit on Oct 31st 2006, bo basically if I wait extra months, I would apply Aug 1st.
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Ah yes, Oct 31st would put the 90-day countback in August. You quit the job on Oct 31st, or you returned to the US on Oct 31st?
My major concern is not 82 days absence, but my employment in my home contry.
Theoretically IO might interpret it as lack of establishment of ties in USA, I've read somewhere that overseas employment can be considered as grounds for denial.
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Yes, overseas employment is a strong indicator (not definitive proof, just a strong indicator) of lacking US residence ties ... combine that fact with your short initial stay in the US and a hostile IO could give you problems. Because continuous residence is subjective, none of us can predict how they will interpret the situation ... they are not completely restricted to the 6 month rule, as absences under 6 months can be deemed to break residence while some absences over 6 months don't. The only thing for sure is that if you wait until this August, that trip in 2006 becomes irrelevant.
 
Jackolantern said:
Ah yes, Oct 31st would put the 90-day countback in August. You quit the job on Oct 31st, or you returned to the US on Oct 31st?

Yes, overseas employment is a strong indicator (not definitive proof, just a strong indicator) of lacking US residence ties ... combine that fact with your short initial stay in the US and a hostile IO could give you problems. Because continuous residence is subjective, none of us can predict how they will interpret the situation ... they are not completely restricted to the 6 month rule, as absences under 6 months can be deemed to break residence while some absences over 6 months don't. The only thing for sure is that if you wait until this August, that trip in 2006 becomes irrelevant.
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Hi Jackolantern,
yes, I quit Oct 31 and returned to USA Nov 4.
Since this is all human factor, I'm concerned that with my 'luck' :) I'll get a nasty IO.
 
same situation

Guys I am in the same situation - I had 444 days out of the US and in 2006 I had a 4 months trip back for a week and back to Europe for 5 months few months later I left again for 10 days - so really during 2006 I wasn't in the US for long.

Here is what I am doing: collect all docs I could.

Bank letters saying I have had my accounts dated back to 2001-2002 and it has been in good standing since then.
Letter from school ( I went to school here in the US ) online for 1 semester showing I was attending school during 2006
proves I have kept the same address since 2003
Tax return for the last 5 years
student loans
letter from landlord


I know this is all depend on my luck and the IO I will get. However, could someone please advice on any more document that will help?
 
nino77 said:
Guys I am in the same situation - I had 444 days out of the US and in 2006 I had a 4 months trip back for a week and back to Europe for 5 months few months later I left again for 10 days - so really during 2006 I wasn't in the US for long.

Here is what I am doing: collect all docs I could.

Bank letters saying I have had my accounts dated back to 2001-2002 and it has been in good standing since then.
Letter from school ( I went to school here in the US ) online for 1 semester showing I was attending school during 2006
proves I have kept the same address since 2003
Tax return for the last 5 years
student loans
letter from landlord


I know this is all depend on my luck and the IO I will get. However, could someone please advice on any more document that will help?
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What about rent/mortgage payment statements and utility payment statements.? Where was your immediate family at the time?
 
nino77 said:
Guys I am in the same situation - I had 444 days out of the US and in 2006 I had a 4 months trip back for a week and back to Europe for 5 months few months later I left again for 10 days - so really during 2006 I wasn't in the US for long.

Here is what I am doing: collect all docs I could.

Bank letters saying I have had my accounts dated back to 2001-2002 and it has been in good standing since then.
Letter from school ( I went to school here in the US ) online for 1 semester showing I was attending school during 2006
proves I have kept the same address since 2003
Tax return for the last 5 years
student loans
letter from landlord


I know this is all depend on my luck and the IO I will get. However, could someone please advice on any more document that will help?
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Hi Nino,
good luck with your interview.
Please let us know how things go with you.
 
Bobsmyth said:
What about rent/mortgage payment statements and utility payment statements.? Where was your immediate family at the time?
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Bobsmyth,

I was never had a trip longer than 6 months - it was 4 months back for a week then 5 months. I wonder if i could argue my case based on I haven't had 1 trip over 6 months in the first place.

what do you think?
 
nino77 said:
Bobsmyth,

I was never had a trip longer than 6 months - it was 4 months back for a week then 5 months. I wonder if i could argue my case based on I haven't had 1 trip over 6 months in the first place.

what do you think?
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This is a common argument for many to try to beat the 6 month limit, but immigration laws are based on intent. So even if you came back after 4 month, stayed 1 week, then left for 5 more months, USCIS may see this as an intent to have broken continuous residency in the first place.
 
this is so true!!! when i was interviewed (for 1st N400- DENIED), she kept on stressing i have to show INTENT that I plan to stay in the us...

hey bob,

I sent my N400 last thurs, per usps.com it has been received in the p.o. box the next day (friday)...is there a way i'll see if its received at the service center? how long usually does it take them to send us a letter to say they received application? thanks!

Bobsmyth said:
This is a common argument for many to try to beat the 6 month limit, but immigration laws are based on intent. So even if you came back after 4 month, stayed 1 week, then left for 5 more months, USCIS may see this as an intent to have broken continuous residency in the first place.
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You should be getting the NOA within about 2-4 weeks, at which time your case file will be at NBC (national benefits center).
 
I recieved my I-797C, NOTICE OF ACTION letter last monday. notice date was 03/05/09 and priority date was 02/27/09. The letter only states:
Please verify your personal information listed above and immediately notify our office at the address or phone number below if there are any changes. Upon receipt of all required record checks you will be scheduled to appear for an interview at your local UCSIC field office.

Now, I'm wondering how come I am not scheduled for any fingerprinting and went straight to interview?
andrea4prez said:
thanks!!! im sorry for all the questions...im just making sure now because i got traumatized with my last n400... hehe
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andrea4prez said:
I recieved my I-797C, NOTICE OF ACTION letter last monday. notice date was 03/05/09 and priority date was 02/27/09. The letter only states:
Please verify your personal information listed above and immediately notify our office at the address or phone number below if there are any changes. Upon receipt of all required record checks you will be scheduled to appear for an interview at your local UCSIC field office.

Now, I'm wondering how come I am not scheduled for any fingerprinting and went straight to interview?
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You received NOA letter, not interview letter. The NOA states that once all checks have been completed (including scheduling for FP) you will be scheduled for interview.
 
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