n400 - Continuous Residence Requirement

#1
I am a US citizen since birth, many years ago. My wife is GC holder, we have been married 7 years. She (we) entered the US 9/15/2016. She returned to Philippines for 22 days in Mar/Apr 2017, that is the only time out of US in 2 years 9 months. She is filling out the N400 online and is confused about the 30 month continuous residency requirement prior to filing. If they count the month she departed and returned to the US as time within the US I get 29 months.

Should we wait another month (or 2) to satisfy this requirement or are we ok to file?
Even though she has been in the US 2 years and 9 months (today, 6/17) we are still getting a warning on the online USCIS n400 form that she has not satisfied the 2 years/9 months requirement, even though it states she can file on or after 6/17/2019 (today). That may be a glitch, not sure.
If we were to file too early is the application automatically denied and we forfeit the application fees?

Many thanks if anyone can help.
 
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1AurCitizen

Registered Users (C)
#2
Being out of the US for 22 days should not be an issue, the advise is that it is better to wait the additional 2 or so months. There was a post on a different forum about USCIS denying a n400 for filing a few hours early. She did not run afoul of the continuous residence requirement. The warning may just be a glitch in the system. She seems to be otherwise eligible to file.
 
#3
I think I misread about the continuous 30 month physical requirement before filing. If she is applying as spouse of US citizen it is a total of 18 months (cumulative) she must be physically present in the US (while married) before she can apply at 2 years/9 months. She easily meets that.

From what I have read the "continuous residence" and "physical presence" requirements are two different things and both must be satisfied before filing.

From the USCIS site:
"Applicants are required to show that they were:
  • Physically present in the U.S. for thirty months within the five year period before applying, or
  • Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens"
She entered 2 years and 9 months ago today (6/17). Based upon what I have read she is eligible to apply today. I don't know why I am still getting that warning that she hasn't satisfied the 2 year/9 month requirement on the online form.

If anyone can add to this I would appreciate it. Thanks.
 

Jbuff

Active Member
#4
I think I misread about the continuous 30 month physical requirement before filing. If she is applying as spouse of US citizen it is a total of 18 months (cumulative) she must be physically present in the US (while married) before she can apply at 2 years/9 months. She easily meets that.

From what I have read the "continuous residence" and "physical presence" requirements are two different things and both must be satisfied before filing.

From the USCIS site:
"Applicants are required to show that they were:
  • Physically present in the U.S. for thirty months within the five year period before applying, or
  • Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens"
She entered 2 years and 9 months ago today (6/17). Based upon what I have read she is eligible to apply today. I don't know why I am still getting that warning that she hasn't satisfied the 2 year/9 month requirement on the online form.

If anyone can add to this I would appreciate it. Thanks.
She only needs 18 months if filing on the grounds being married to a US Citizen "yourself"

So yes you are right.

Those messages are just warning as they apply to some not all. I remember when I filed for n400 it wouldn't take my application because it says I might already be a citizen. I knew I wasn't so I mailed it instead.
 
#5
She only needs 18 months if filing on the grounds being married to a US Citizen "yourself"

So yes you are right.

Those messages are just warning as they apply to some not all. I remember when I filed for n400 it wouldn't take my application because it says I might already be a citizen. I knew I wasn't so I mailed it instead.
Thanks, it must of been a glitch because I'm no longer getting the warning. But some of the docs that had previously been uploaded in the draft disappeared overnight so I uploaded them again. That's a little disconcerting. I think she will file later today. Thanks, again.
 
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