N-400 Physical Presence

J

jeff_aka

New Member
Gurus,
this is my situation:
I got my GC 08/30/2004 and made the following trips:
Date Left Date Returned total#
9/9/2004 3/4/2005 175
3/13/2005 9/4/2005 174
9/12/2005 2/18/2006 158
3/4/2006 5/20/2006 76
6/30/2006 7/9/2006 8
8/25/2007 9/12/2007 17
12/24/2007 1/9/2008 15
12/17/2008 1/10/2009 23
total days 646
non of the trips were more than 6 months. However, i had some concerns on the first three trips.
Do you gurus see any issues?
Please advice.
I appreciate every contribution on this forum.
Many thanks!
 
you have a few back to back trips lasting just under 6 months. That might raise questions. Therefore be prepared to show ties to US such as bills, mortgage, relatives etc...This is what I can think of but others will provide a more comprehensive answer.
 
You will have to document strong ties to the US during the three back to back trips. Personally, I would wait until 9/4/2010 to apply for N-400 to avoid disappointment. That way you only have one 158 day trip during your statutory period to explain which usually is not a problem.
 
First two trips are so close to breaking 6 month rule, and they are back to back. Unless you have strong proof, it might create problems for you. I agree with the suggestion that it is better wait till 09/10, then apply... just my 2 cents.
 
jeff_aka said:
Date Left Date Returned total#
9/9/2004 3/4/2005 175
3/13/2005 9/4/2005 174
9/12/2005 2/18/2006 158
Click to expand...

So, in over a 17 month period you were only in the US for 16 days.... Yes, i think that could definitely raise some issues, and it could be very difficult for you to prove your were a resident in the US during that period. Unless you have a pressing need to obtain citizenship now, or, don't mind potentially losing $675 on a denied application, I am in agreement with those who are recommend waiting till Sept, 2010 before applying - its only 15 months.
 
A Big NO - Yes if strong evidence

Yes - I agree with others. You have back to back trips which is big NO NO.
Also in over a 17 month period you were only in the US for 16 days.
1)Between first trip and second trip you were only 9 days in the US and 2)between 2nd and 3rd trip only 8 days in US and
3)between 3rd and 4th trips only something like 16 days.

Definitely a big NO unless you have strong evidence like employment in US company during this time, Home address in US, paying bill ext.
Even then it is better to wait. However if you are in pressing need go ahead and apply because technically you are eligible.
However you need to prove your INTENT.
 
I agree with the above posts. How do you feel about it Jeff? Do you still want to try or you would rather wait?
 
OP my case is similar to yours except that the 3 trips were towards the end instead of the beginning. I was out for 17 months all back to back and filed for my citizenship towards the end of the 3rd trip during Nov 08. I was out for 573 days total. I had my interview during March 09, was denied for not having done enough to preserve residency, filed an N-336 appeal through an attorney during April 09, USCIS reversed the original decision and approved my citizenship during May 09 and I am taking my oath tomorrow morning at 8:30 am June 4, 09.

Having stated the above my personal situation was different. I couldn't afford to stay for 4 years and 1 day since my last trip and then file N400. So it was now or never for me which is why I decided to go ahead with the filing, appeal and the whole nine yards though it was an expensive proposition. Your situation might be different. So you need to weigh the pros and cons and proceed accordingly. Hope this helps.
 
vettipuls said:
OP my case is similar to yours except that the 3 trips were towards the end instead of the beginning. I was out for 17 months all back to back and filed for my citizenship towards the end of the 3rd trip during Nov 08. I was out for 573 days total. I had my interview during March 09, was denied for not having done enough to preserve residency, filed an N-336 appeal through an attorney during April 09, USCIS reversed the original decision and approved my citizenship during May 09 and I am taking my oath tomorrow morning at 8:30 am June 4, 09.

Having stated the above my personal situation was different. I couldn't afford to stay for 4 years and 1 day since my last trip and then file N400. So it was now or never for me which is why I decided to go ahead with the filing, appeal and the whole nine yards though it was an expensive proposition. Your situation might be different. So you need to weigh the pros and cons and proceed accordingly. Hope this helps.
Click to expand...


Could you please mention the reason for your trips outside US? Did you have sufficient ties with US such as employed with a US company on US payrolls, residence maintained in US with lease under your name, utility bills under your name, taxes paid as US resident etc.? How did the IO determine that you did not have sufficient ties?

I also made a couple of back to back trips outside US (165 and 144 days with a break of 40 days in US) as I had to go on an temporary overseas work assignment (< 1 year). I maintained all the ties with US (i.e employed with a US company on US payrolls, residence maintained in US with lease under my name, utility bills under my name and taxes paid as US resident). Also I have an approved N-470 which allows me to count my stay outside US toward my residence in US. Does anyone see any issue with my N-400 application (already applied 1 week back)?
 
Hi,
I have applied for the N400 and had 3 trips back to back at the end which are just shy of 6 months.

Just wondering how much does it take to appeal if the case is rejected and what is the formal process, my DO is Chicago, IL.

Thanks,
 
KrisKumarr said:
Hi,
I have applied for the N400 and had 3 trips back to back at the end which are just shy of 6 months.

Just wondering how much does it take to appeal if the case is rejected and what is the formal process, my DO is Chicago, IL.

Thanks,
Click to expand...

Concentrate on providing evidence for the interview that you did not intend to break US residency ties during your back to back trips instead of wondering how to appeal a potential denial.
 
Guys,
Again, i greatly appreciate your inputs - given my current situation, its either now of in 5yrs - with that said, my thinking is, go ahead and apply and if refused file attempt an appeal.
My only ties to the US during this time was a bank account, DL and was leaving with my brother.
Any thoughts?

Many thanks!
 
KrisKumarr said:
Hi,
I have applied for the N400 and had 3 trips back to back at the end which are just shy of 6 months.

Just wondering how much does it take to appeal if the case is rejected and what is the formal process, my DO is Chicago, IL.

Thanks,
Click to expand...

If your citizenship gets denied then you will be sent a formal notice of denial. You will have approximately 33 days to file an appeal via form N-336. It costs $605 plus your attorney charges if you decide to engage any. You can present additional evidence along with the N-336 and attach a 2 page brief on why you are appealing the decision. After review of the appeal you may be called in for an additional interview by a senior IO or you will be approved and scheduled for an oath without an interview.
 
jeff_aka said:
Guys,
Again, i greatly appreciate your inputs - given my current situation, its either now of in 5yrs - with that said, my thinking is, go ahead and apply and if refused file attempt an appeal.
My only ties to the US during this time was a bank account, DL and was leaving with my brother.
Any thoughts?

Many thanks!
Click to expand...

OP I didn't have any residence be it own or rental to show either. I had my DL, bank accounts, 401k, TD Ameritrade to show for but none of that mattered to my IO. He just ignored all of them and said I did not do enough to preserve my permanant residency. I didn't own a house nor had any rental agreement to show as a lease. If you lived with your brother ask him to provide you with a sworn in signed statement like an affidavit. It will definitely add value during the interview or during the appeal. I had filed taxes as a resident for all of the previous 5 years. So those really helped during the appeal process. Good luck !!
 
coolguy446 said:
Could you please mention the reason for your trips outside US? Did you have sufficient ties with US such as employed with a US company on US payrolls, residence maintained in US with lease under your name, utility bills under your name, taxes paid as US resident etc.? How did the IO determine that you did not have sufficient ties?

I also made a couple of back to back trips outside US (165 and 144 days with a break of 40 days in US) as I had to go on an temporary overseas work assignment (< 1 year). I maintained all the ties with US (i.e employed with a US company on US payrolls, residence maintained in US with lease under my name, utility bills under my name and taxes paid as US resident). Also I have an approved N-470 which allows me to count my stay outside US toward my residence in US. Does anyone see any issue with my N-400 application (already applied 1 week back)?
Click to expand...

You have a approved 470 and I don't understand why you are fretting so much. Trust me you will do just fine and it will be a smooth ride for you. Just take all the supportings mainly your tax filings, mortgage payments and utility bills.
 
Very interesting

vettipuls said:
OP my case is similar to yours except that the 3 trips were towards the end instead of the beginning. I was out for 17 months all back to back and filed for my citizenship towards the end of the 3rd trip during Nov 08. I was out for 573 days total. I had my interview during March 09, was denied for not having done enough to preserve residency, filed an N-336 appeal through an attorney during April 09, USCIS reversed the original decision and approved my citizenship during May 09 and I am taking my oath tomorrow morning at 8:30 am June 4, 09.

Having stated the above my personal situation was different. I couldn't afford to stay for 4 years and 1 day since my last trip and then file N400. So it was now or never for me which is why I decided to go ahead with the filing, appeal and the whole nine yards though it was an expensive proposition. Your situation might be different. So you need to weigh the pros and cons and proceed accordingly. Hope this helps.
Click to expand...

By appealing I guess one is strengthening his/her INTENT i suppose. God knows.
 
Guys,
after a series of back and forth with my self, i decided to go ahead and apply on June 15th
PR date June 16
FP July 30th
Interview August 18th OKC
Interview took 3mins - IO was very nice didn't ask about the back to back trips
I started my interview by signing my photo and the N400 ,and then finished with the nat. questions.

Citizen since 10/02
Total time about 3 1/2 months
Lessons learned - Every case is unique - use this forum for guidience only.
 
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