When to apply for citizenship?

[peruvianguy]

Hi guys!

I have my Green Card (married a US citizen on October 15th, 2009). On the GC it says "Resident Since: 07/16/10"

1) If I understand correctly, I will eligible to apply for citizenship in 2yrs & 9months on 04/15/13. Is that correct?

2) In addition to this, my US citizen spouse and I had a trip abroad for 9 months 9 days from 10/5/2010 to 7/13/2011. Then I had one more trip for a a month in 2012 and some days during the year. So far I will be 19 months and 101 days or 570 days in the US. I read the minimun is 18 months or 548 days. If I disrupt my “continuity of residence” what other documents can i submit?

I have my Income taxes filled together with my wife for 2010, 2011, 2012 with a US Address and I haven't left my job. I've never canceled my US bank accounts. I had my job online so it gave me the flexibility to do my business on line. I live with my US citizen wife.

3) Would you recommend applying to citizenship on 04/15/13 or on 04/15/14? or when should I apply in my case?

Thank you in advance for your replies.

 

[Jackolantern]

Hi guys!

I have my Green Card (married a US citizen on October 15th, 2009). On the GC it says "Resident Since: 07/16/10"

1) If I understand correctly, I will eligible to apply for citizenship in 2yrs & 9months on 04/15/13. Is that correct?

Not exactly. It's 3 years minus 90 days, which would be 4/17/2013.

2) In addition to this, my US citizen spouse and I had a trip abroad for 9 months 9 days from 10/5/2010 to 7/13/2011. Then I had one more trip for a a month in 2012 and some days during the year. So far I will be 19 months and 101 days or 570 days in the US. I read the minimun is 18 months or 548 days. If I disrupt my “continuity of residence” what other documents can i submit?

You're OK for physical presence (the 18 month minimum), but not for continuous residence because you took a trip abroad for more than 6 months. You'll have to show evidence of maintaining ties to the US during that long trip, such as lease/mortgage documents, utility bills, bank statements, car registration.

I have my Income taxes filled together with my wife for 2010, 2011, 2012 with a US Address and I haven't left my job.

Keeping the same US job during a long trip abroad is good. Bring evidence of that fact (a few paystubs from during the 2010-2011 trip, and one or two shortly after it) to the interview.

 

[peruvianguy]

Not exactly. It's 3 years minus 90 days, which would be 4/17/2013.

Thank you for your quick answer.

You're OK for physical presence (the 18 month minimum), but not for continuous residence because you took a trip abroad for more than 6 months. You'll have to show evidence of maintaining ties to the US during that long trip, such as lease/mortgage documents, utility bills, bank statements, car registration.

Unfortunately, I don't have a strong evidence. I only have bank statements. The rest of our staff was kept at my mother in law in California.

Keeping the same US job during a long trip abroad is good. Bring evidence of that fact (a few paystubs from during the 2010-2011 trip, and one or two shortly after it) to the interview.

I had my self-employed business. I can show that people were paying me to my bank account for my projects at that time.

If I don't apply on 4/17/2013, I should apply next year 4/17/2014 to be safe?

Thank you again for your response.

 

[Jackolantern]

I had my self-employed business. I can show that people were paying me to my bank account for my projects at that time.

If I don't apply on 4/17/2013, I should apply next year 4/17/2014 to be safe?

Thank you again for your response.

There's no need to wait until 2014. If you want to avoid naturalization problems due to that 9-month trip, use the 2 years and 1 day rule and apply on or after 7/14/2013 (2y+1d after the 9-month trip ended on 7/13/2011).