Question about when eligible to apply for N-400

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ahmadj

Registered Users (C)
Hi everyone, this question is regarding my sisters eligibility to apply for N-400

short summary,

She got married to her USC husband back on july 26th 2003.

After her marriage she had to return to the netherlands for personal reason, her application was put on hold because she could not show up for biometrics, interview etc.

however in 2008 she resumed her application and got her unconditional GC on 05/28/2009.

She then had to leave to the netherlands on 6/3/2010 and she returned on 11/29/2010. She was out of the US roughly for 5 1/2 months.

She then had a job here in the States and still was with her husband. Due to personal reasons again she had to leave on 2/14/2011, and she returned again to the US on 8/11/2011. Roughly 5 months and 3 weeks.

She now has no reasons to return to the netherlands, she's still together with her husband. When can she file for the N-400 (she became resident on 5/28/2009)

Will those 2 trips have a negative affect on her application.

Any info is appreciated.
Thanks guys
 
ahmadj said:
Hi everyone, this question is regarding my sisters eligibility to apply for N-400

short summary,

She got married to her USC husband back on july 26th 2003.

After her marriage she had to return to the netherlands for personal reason, her application was put on hold because she could not show up for biometrics, interview etc.

however in 2008 she resumed her application and got her unconditional GC on 05/28/2009.

She then had to leave to the netherlands on 6/3/2010 and she returned on 11/29/2010. She was out of the US roughly for 5 1/2 months.

She then had a job here in the States and still was with her husband. Due to personal reasons again she had to leave on 2/14/2011, and she returned again to the US on 8/11/2011. Roughly 5 months and 3 weeks.

She now has no reasons to return to the netherlands, she's still together with her husband. When can she file for the N-400 (she became resident on 5/28/2009)

Will those 2 trips have a negative affect on her application.

Any info is appreciated.
Thanks guys
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She should be able to apply based on 3 years permanent residency and married to US citizen. Both of her trips were under 6 months, so she should be fine regarding the continuous residence requirement. Assuming she also meets the physical presence requirement (minimum of 18 months out of 36 months present in the US) she should be able to apply 05/28/2012 minus 90 days which is on 02/28/2012 according to the USCIS date calculator: http://www.uscis.gov/dateCalculator.html

What does her green card say; i.e., what is the "permanent resident since" date? I assumed it is 05/28/2009, but if it is an earlier date, she might be already eligible to apply. Also, I assume her USC husband was all the time residing in the US. Is that right?
 
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I don't think those two trips will be a problem, because both are under 6 months and the trips were not back-to-back.

She can apply 90 days before 5/28/2012, which would be Feb. 28. However, applying in March or later would be a bit safer for 2 reasons: (1) When you apply exactly on or very close to the 90-day cutoff, USCIS may miscount by 1 or 2 days and wrongly reject the application before the interview, and (2) applying in March or later would ensure that the application doesn't arrive on Feb. 29, which could lead to processing delays or other glitches if their computer systems aren't properly programmed to handle Feb. 29.
 
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