N-400 documentation for trip outside US for 6 months

[speedwell]

I am a UK Citizen, US permanent resident since September 2001 and married to a (now) US citizen who naturalized in May 2007. We have a 1 year old daughter who was born here in the US.

I would like to naturalize myself and it all looks straightforward except for the fact I took a trip overseas that lasted for 229 days (02-14-2009 to 09-30-2009).

The notes on the N-400 application suggest extra documentation is required for a break of 6 months to a year but they seem vague on what is required. Tax documents, mortgage payments, pay stubs etc. but no mention of what period this is required for or exactly what is needed.

Can you confirm that this documentation is required for my situation and if so, typically what is required.

Many thanks.

 

[baikal3]

I am a UK Citizen, US permanent resident since September 2001 and married to a (now) US citizen who naturalized in May 2007. We have a 1 year old daughter who was born here in the US.

I would like to naturalize myself and it all looks straightforward except for the fact I took a trip overseas that lasted for 229 days (02-14-2009 to 09-30-2009).

The notes on the N-400 application suggest extra documentation is required for a break of 6 months to a year but they seem vague on what is required. Tax documents, mortgage payments, pay stubs etc. but no mention of what period this is required for or exactly what is needed.

Can you confirm that this documentation is required for my situation and if so, typically what is required.

Many thanks.

This really depends on the particulars of the case.

What exactly was the reason for that 229 days trip abroad? What were you doing abroad? Did you take a job there?
Did you keep a job back in the U.S.? What was your main source of income during that time?

Did you continue to own/rent housing in the U.S. during the trip?
Did your immediate family members remain in the U.S.? Or were they abroad with you?

 

[speedwell]

I was working in the overseas office of the US company's that I was employed by (and still am).
We were there for about 14 months in total but the 229 days was the longest period out of the country in one go.
Income was via (adjusted) salary from US company.
We rented out our house for the whole period and rented overseas.
Wife (US citizen) accompanied me. Daughter not born yet. No other family.

This really depends on the particulars of the case.

What exactly was the reason for that 229 days trip abroad? What were you doing abroad? Did you take a job there?
Did you keep a job back in the U.S.? What was your main source of income during that time?

Did you continue to own/rent housing in the U.S. during the trip?
Did your immediate family members remain in the U.S.? Or were they abroad with you?

 

[BigJoe5]

If you did not file an N-470 and get it approved, then your employer did not look out for your best interest.

That said, since you are married to a USC and she has been a USC over 3 years, you became eligible to apply for naturalization under the 2 yr and 1 day remedy for a break in residence (an extended absence). That means that you became eligible to file as of October 2, 2011.

Apply now and reference 8 CFR 316.5(c)(1)(ii). The remedy applies to either a full year break or one like yours if you are "otherwise eligible" (still married, you moved back, and have no disqualifying issues, crimes, fraud, etc..).

 

[baikal3]

I was working in the overseas office of the US company's that I was employed by (and still am).
We were there for about 14 months in total but the 229 days was the longest period out of the country in one go.
Income was via (adjusted) salary from US company.
We rented out our house for the whole period and rented overseas.
Wife (US citizen) accompanied me. Daughter not born yet. No other family.

When determining if continuous residency has been interrupted, the IO will look not just at individual segments that your were out of the country, but at the entire 14 month period that you worked abroad. Based on the information you provided (and assuming that you did not have an N-470 approved for that 14 month assignment), that 14 month job assignment abroad did break your continuous residency and it'll be near impossible for you to prove otherwise.

So, as BigJoe5 says, it is better for you to use a different option. Since you have been married to a U.S. citizen spouse for more than 3 years and have been an LPR for more than 3 years, you could file a marriage-based N-400.

You should be able to use the so-called 2 years plus one day rule, 8 CFR 316.5(c)(1)(ii), which basically says that in your situation you may file N-400 two years and one day after returning from that 14 month job assignment abroad and resuming residence in the U.S.

It is not entirely clear from your posts when exactly that 14 month assignment ended and you came back to the U.S. for good. Was it on Sept 30, 2009? Or was it later?

 

[speedwell]

Thanks both - great information there.

Sounds like my best bet is to file by virtue of my marriage to a US citizen.

Yes, we returned to the US on 9/30/2009 and have been here ever since.

When determining if continuous residency has been interrupted, the IO will look not just at individual segments that your were out of the country, but at the entire 14 month period that you worked abroad. Based on the information you provided (and assuming that you did not have an N-470 approved for that 14 month assignment), that 14 month job assignment abroad did break your continuous residency and it'll be near impossible for you to prove otherwise.

So, as BigJoe5 says, it is better for you to use a different option. Since you have been married to a U.S. citizen spouse for more than 3 years and have been an LPR for more than 3 years, you could file a marriage-based N-400.

You should be able to use the so-called 2 years plus one day rule, 8 CFR 316.5(c)(1)(ii), which basically says that in your situation you may file N-400 two years and one day after returning from that 14 month job assignment abroad and resuming residence in the U.S.

It is not entirely clear from your posts when exactly that 14 month assignment ended and you came back to the U.S. for good. Was it on Sept 30, 2009? Or was it later?

 

[baikal3]

Thanks both - great information there.

Sounds like my best bet is to file by virtue of my marriage to a US citizen.

Yes, we returned to the US on 9/30/2009 and have been here ever since.

One more suggestion:

If you do file N-400 now, make it clear in your application that you are applying based on 3 years of marriage to a U.S. citizen and are utilizing 8 CFR 316.5(c)(1)(ii), the 2 years plus one day rule.
E.g. check Box B in part 2 of N-400 (basis of eligibility) and enclose a cover letter with your application explicitly stating that you are using 8 CFR 316.5(c)(1)(ii), the 2 years plus one day rule.

Also, mention this fact to the IO at the interview when the IO starts going over N-400 line-by-line with you and comes to part 2, basis of eligibility.

Experience shows that many IOs are not well familiar with the 2 years plus one day rule (4 years plus one day rule for non-marriage based cases), and if you don't mention this rule yourself up front, the IO may keep asking for proof that your 14 months assignment abroad did not break your continuous residency.

 

[speedwell]

Extremely useful information and advice.

I will post here again with updates.

Many thanks.

One more suggestion:

If you do file N-400 now, make it clear in your application that you are applying based on 3 years of marriage to a U.S. citizen and are utilizing 8 CFR 316.5(c)(1)(ii), the 2 years plus one day rule.
E.g. check Box B in part 2 of N-400 (basis of eligibility) and enclose a cover letter with your application explicitly stating that you are using 8 CFR 316.5(c)(1)(ii), the 2 years plus one day rule.

Also, mention this fact to the IO at the interview when the IO starts going over N-400 line-by-line with you and comes to part 2, basis of eligibility.

Experience shows that many IOs are not well familiar with the 2 years plus one day rule (4 years plus one day rule for non-marriage based cases), and if you don't mention this rule yourself up front, the IO may keep asking for proof that your 14 months assignment abroad did not break your continuous residency.