N400 - Question on 5 years minus 90 days rule if working abroad

H

HudsonValley

Registered Users (C)
Hi guyes,
just a quick question, can I still go 5 years minus 90 days grace period route if I was working abroad while having GC?
I want to apply for N400 and trying to calculate the date to send it in.
The 5th anniversary of me quitting the abroad job - 90 days = this is when I want to submit N400.
Thanks a lot!
Hudsonvalley
 
Working abroad CAN be one of the main reasons why USCIS will determine that one has disrupted residence for naturalization purposes. You have not supplied sufficient detail to get an accurate answer.
 
Additional info

June 2006 - came to USA, got 2 year GC
Aug 2006 - went back to home country
Oct 31, 2006 - quit my abroad job
Nov 4, 2006 - came back to USA
Feb 2009 - got 10 year GC
Mar 2009 - applied for citizenship through marriage
Oct or Nov 2009 - denied with no prejudice

Want to apply for citizenship based on 5 year rule, sending application on Aug 8, 2011.
 
HudsonValley said:
June 2006 - came to USA, got 2 year GC
Aug 2006 - went back to home country
Oct 31, 2006 - quit my abroad job
Nov 4, 2006 - came back to USA
Feb 2009 - got 10 year GC
Mar 2009 - applied for citizenship through marriage
Oct or Nov 2009 - denied with no prejudice

Want to apply for citizenship based on 5 year rule, sending application on Aug 8, 2011.
Click to expand...

It is obvious that you were denied due to filing too early under the 3 yr rule OR your marriage was on-the-rocks. You have not specified the EXACT ground they invoked. Was the marriage too short or were you separated on the N-400 filing date? It makes no difference now. You could probably have immediately refiled if they stated that the denial was "without prejudice".

Anyway.... It is now July 2011. You have had your LPR status over 5 yrs. Your period abroad was not really disruptive, rather, you were probably merely "winding up" business in preparation for the "BIG MOVE". IF that absence were the reason for denial, you could have won on appeal as at least 2 yrs and 1 day had passed from your return to the U.S. when you filed. [See 8 CFR 316.5(c)(1)(ii).] Even if some jerk wanted to classify it as disruptive it is now way too old to count under either rule. You can now file under either rule as you please, if otherwise eligible.
 
Thanks for your reply, Bigjoe.

My marriage is bona fide, we are still married and living together, now have a baby.

However, USCIS (famous NYC DO) didn't like the fact that we were filing tax returns separately, had different addresses on state ids, my name wasn't on a utility bill, though it was on lease agreement and that we didn't have a baby together.

The officer never mentioned me interrupting the continuos residency due to working abroad which fell within 3 y period back then.
I was actually approved and sent to wait for an oath letter, but instead got a 2nd interview request from a supervisor which resulted in a denial letter a month later.

I just don't want to waste another 680$ that's why I want to be super catious and apply when my work abroad will be outside the last 5 y period.
Well it doesn't mean they won't find smth else wrong.
 
Since you will be applying with the 5 year rule and are still married, your marriage won't be an issue (but make sure to bring your child's birth certificate to the interview or submit it with the application).

And they didn't give you any trouble about the few months of overseas employment, so that almost surely won't be a problem now either. I'd say you're OK to apply right now, although if you want to be a little bit safer you could apply in early August when it is 5 years minus 90 days since your return in Nov. 4, 2006.
 
Thanks Jackolantern and Bigjoe.

I will be sending it our in Aug.

I will include in the package: N400, 2 photos, fee, copy of GC and passport, tax returns for last 5 y, my birth certificate, marriage certificate, baby's birth certificate, utility bill or lease as a proof of residency.

Anything else I should think of?

Thanks!
 
If you are applying under the 5 year rule, you don't need to send all the things you mentioned in the application; in fact it is a waste of paper and the documents might get lost. With you application send: N400, 2 photos, fee, copy of GC. When you go to the interview, take the other documents you mentioned with you.
 
You must log in or register to reply here.
Top