N-400 Interview question - 6+ months outside USA

M

manjunathjaya

Registered Users (C)
My wife stayed outside USA for 11 months after getting the GC. However during this period, I continued to live and work here in the USA. So we applied for her Naturalization after completing 5 years of GC approval. She also sent in Rent Receipts, IRS transcripts and W2 for the 5 year period along with N-400 application. My questions are :

a) During the interview, does the INS Officer question about this ?

b) What is the best explanation one can give ?

c) In the interview notice, INS has not mentioned any extry documents to bring. Is this normal ?

Anyone gone through similar situation, please share your experience.

Regards
 
manjunathjaya

If you see the interview letter, you will see that BCIS sends "generic pre- printed letter" to everyone regardless who you are.

Clue is > females are not supposed to register for "selective service", but BCIS sent same letter to eveyone , for instance, to your wife asked for "selective service document" (check it out).

--Obviously , they will ask for "11 months" explanation.

-- Your wife must take "marriage certificate" with her on interview.

** You should IMMEDIATELY consult with a good immigration lawyer( you should not care about the fee)***

On my interview, I saw an applicant who was forced to "withdraw" the N-400 , because he had "physical presence" issue & he had to start over again the N-400.

--------------------------------
We ,the forum members, are not lawyers.
We just discuss our experiences. So, it is better to consult with a good lawyer.
 
The issue of your wife being overseas for 11 months will invariably come up during the interview. And she should of course be honest with her answer. If she maintained strong ties to the US during that time and has a good reason for being away for so long, then she should be ok. However, as Maria suggested, it is not a bad idea to consult with a good immigration attoreny about this.
 
Outside US

if you can show that you had a mortgage, or house rented in your name you will not have any problem...but do not tell that you had problems in your country (or where ever you where) that is the reason you stayed outside for 11 months...officer will look into the INS rules and say no that is not in the rules list....

so find some ties to US when you where outside...
 
We have already submitted (along with N-400 package) documents like rent receipts, pay checks and W2 for the period of absence. Is that sufficient ?
 
you should.....

....consult with a lawyer......

Physical presence means physical presence.

It never says that applicant had tie to USA.

If that was true, does it mean that one applicant staying outside USA for 2 years but still he had tie to USA .....do you think does it make any sense?

Law says Physically present, it never says "tie with USA"

It is wise to consult with a lawyer, do not take a chance.

BCIS is tougher these days..........
 
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