Yet another thread with continuous residency issue

[ftm]

There are so many threads on this topic but I have very specific questions that I think someone will know, I hope.

I just applied N400.
I stayed out of the country most of the year from August 2003 - July 2004.
I know I can easily be denied but of coarse I am hoping for approval. I stayed out because my husband got malaria and became very sick. I JUST DIDN'T HAVE THE HEART TO LEAVE HIM. I don't know if the IO is going to have compassion on this matter, but I alos got pregnant a little after his health returned.
What information should I bring to the Interview on this matter, baby's birth cert, letter from hospital where husband was, and affidavit of support written by may family members stating my residency in this country.

My question is:
If I do get a denial letter, when am I eleigible to apply again?
If there is no waiting period to re-apply I could do so again in July 2009 or 5 months prior to that date, right or?

Please help and thank you

 

[boatbod]

IO's don't generally make decisions based on compassionate grounds - they look for hard evidence that you maintained strong ties to your US residence. Since your absence falls in the "6 month to 1year" category, the burden of proof rests with you to demonstrate you did not break your continuous residence. To do that you need to show that you maintained strong ties to the US, and that your trip was always intended to be temporary in nature.

If you are denied, you may reapply based on the 4yr+1day rule; eligibility would start around July 2008, based on whatever the exact date of your return in July 2004.

 

[ftm]

Thanks so much for your reply it is really helpful. I will concentrate on the hard facts that you mentioned, tax returns, etc. and focus on the intention of a temporary stay. I returned 7/25/2004 so I could re-apply 7/26/2008 correct? Ironically, I filed my N400 on 7/25/2007, the same date...
So is there a wait time from denial to eligibility for re-applying? My interview will be in 2008 maybe around that time the way things are going. All I can do is hope...

 

[aabbcc11]

There is no wait time if they deny you. What you should do is prepare for the IV thinking you will pass it, don't be nervous, the date is still far away. In case they deny you could wait till May 2009 so you are in the clear.
Many people do overstay abroad because of problems like yours so I don't think the IO will be sympathetic to your situation.

 

[markx]

I think your case has a very good chance of passing the interview as long as you did not stay there for a single trip over 6 months.

I suggest you bring all your tax transcript, credit/bank statement, utility statement, pay stud, loan/rental check, and most importanly your husband's medical information during that period. Do all you can to get it translated and notarized by local government agency. Those will be vey strong evidence why you leaft and it is only for tempory and you came back once it was done.

Don't be nervous, I know someone who left for 1 year to take care sick relative got approved in NY.

 

[ftm]

Thanks for replies-

aabbcc11 - what do you mean May 2009, I thought it could be in 2008 using the 4 year +1 day rule. I came back July 25, 2004. I am so happy there is no wait time after denial.

markx - I did stay out of the country for more than 6 months in a single stay... I will start gathering the documents now.