Question before filing

[mari]

We're getting ready to file the N-400 but I got a concern with the question regarding how many trips and for how many days my husband had been out of US since becoming a lawful permanent resident. What's the purpose of it? The longest time he's been out is 43 days he spent in China with his parents last year. Just want to make sure that everything's OK before sending it. And BTW he became a resident on March 22, 2005. As I understand, we can file anytime after December 22, 2008, is this right?

[amerchin]

They just wanted to see how long he resided in the US in order to qualify for citizenship. Some people are overseas for over six months of the year due to a job or other reasons. His return home for a visit won't have any impact. Once again it's the time residing in the US that they're concerned about. 90 days before March 22 filing is fine. Good luck!

[dnoblett]

They just wanted to see how long he resided in the US in order to qualify for citizenship. Some people are overseas for over six months of the year due to a job or other reasons. His return home for a visit won't have any impact. Once again it's the time residing in the US that they're concerned about. 90 days before March 22 filing is fine. Good luck!

Ditto that, A requirement for filing fo citizenship based on marriage to a US citizen is need to show physical presence in the USA for more than 18 months out of past 3 years.

[MikeXiao]

Don't worry about that. My wife was gone for 83 days last summer and they only asked about the 9 day trip 2.5 years ago.

[mari]

Thanks for your answers. I wonder if it will be OK to send the same evidence I sent for the removal of conditions, as we haven't filed a new income tax return yet (I sent the 2007 one) and the only additional piece of evidence I can add are the tickets we bought for a cruise ship leaving on January 4th. I'm planning to send the paperwork on new year's week. BTW Mike, where did you filed your N-400? I think they approved it damn fast.

Edited December 17, 2008 by mari (see edit history)

[kimnjake]

We're getting ready to file the N-400 but I got a concern with the question regarding how many trips and for how many days my husband had been out of US since becoming a lawful permanent resident. What's the purpose of it? The longest time he's been out is 43 days he spent in China with his parents last year. Just want to make sure that everything's OK before sending it. And BTW he became a resident on March 22, 2005. As I understand, we can file anytime after December 22, 2008, is this right?

 

Hey there! LONG time since we have been in touch!! i am a little confused about your filing and the timeline you have. you said he has been a resident since March 22, 2005? What kind of resident? It has to be 3 yrs from the date of PERMANENT RESIDENCY! The day stated on his green card. in your signature it says that the green card was received through the mail on nov 2008...you have to go by the date on that card...so like in our situation my husband came in march 2004, married april 2004, filed for AOS then but was not approved or granted permanent residency until july 2006...he was a resident of our state after he lived here a few months or whatever it takes...but he cannot file for citizenship until july 2009...even though he has been here since 2004!! just makin sure with your situation because as i understand it your time line isn't quite adding up...maybe i'm reading it wrong! but anyway it is three yrs after the date stated on the permanent resident card (or green card)...

 

hope you are doing well!

[Randy W]

We're getting ready to file the N-400 but I got a concern with the question regarding how many trips and for how many days my husband had been out of US since becoming a lawful permanent resident. What's the purpose of it? The longest time he's been out is 43 days he spent in China with his parents last year. Just want to make sure that everything's OK before sending it. And BTW he became a resident on March 22, 2005. As I understand, we can file anytime after December 22, 2008, is this right?

 

Hey there! LONG time since we have been in touch!! i am a little confused about your filing and the timeline you have. you said he has been a resident since March 22, 2005? What kind of resident? It has to be 3 yrs from the date of PERMANENT RESIDENCY! The day stated on his green card. in your signature it says that the green card was received through the mail on nov 2008...you have to go by the date on that card...so like in our situation my husband came in march 2004, married april 2004, filed for AOS then but was not approved or granted permanent residency until july 2006...he was a resident of our state after he lived here a few months or whatever it takes...but he cannot file for citizenship until july 2009...even though he has been here since 2004!! just makin sure with your situation because as i understand it your time line isn't quite adding up...maybe i'm reading it wrong! but anyway it is three yrs after the date stated on the permanent resident card (or green card)...

 

hope you are doing well!

 

The March 22, 2005 date was apparently the date on the conditional green card. The one in Nov, 2008 was the 10 year card.

[mari]

March 22, 2006 is the date, I've always been confused with the "permanent resident" term because in my mind that "permanent" status was really a "temporary status" until you remove conditions. Anyway, we're filing cause it's already 90 days before the 3 year term. Kim, I'm so glad to hear from you. It's unbelievable Joseph will now be 5 years old.

[MikeXiao]

Hey there! LONG time since we have been in touch!! i am a little confused about your filing and the timeline you have. you said he has been a resident since March 22, 2005? What kind of resident? It has to be 3 yrs from the date of PERMANENT RESIDENCY! The day stated on his green card. in your signature it says that the green card was received through the mail on nov 2008...you have to go by the date on that card...so like in our situation my husband came in march 2004, married april 2004, filed for AOS then but was not approved or granted permanent residency until july 2006...he was a resident of our state after he lived here a few months or whatever it takes...but he cannot file for citizenship until july 2009...even though he has been here since 2004!! just makin sure with your situation because as i understand it your time line isn't quite adding up...maybe i'm reading it wrong! but anyway it is three yrs after the date stated on the permanent resident card (or green card)...

 

But you can file up to 90 days before this 3 year anniversary date. So you could file as early as April 2009.

Edited December 20, 2008 by MikeXiao (see edit history)

[warpedbored]

A conditional green card holder is as much a permanent resident as an unconditional green card holder. The only difference is how long the green card is good for. Your date of Dec 22 is correct. As far as taxes you won't need 2008 for filing but you will want to take current tax transcripts to the interview.

[mari]

So we're almost ready to go, it's unbelievable that we're now in this stage. How long will it take them to process our application? We will be filing to Vermont which some years ago was the fastest procressing center but not anymore. In these past days I've been making copies of all the documentation we have, again.... Anyway I'm so happy we will soon finish all this nightmare. Hope all you have happy holidays and may you and your families receive many blessings in the year to come.

[MikeXiao]

We filed through Vermont, and had interview in Norfolk, VA. Ours was 4 months from filing to interview. Almost to the day. Bring current bills to the interview.

[mari]

Wow, that's great Mike. I hope Qisheng get his before summer. Thanks for the good advice. You know, when he went for his fiancee visa interview at GZ the Vo wanted to deny his visa. He was so ignorant that did not believed that we could speak to each other in english because his mother language was chinese and mine spanish. The things was that we were so prepared by the friends at Candle that at the end he admitted he had to give a pink slip.

[warpedbored]

Our was a little over 5 months from the date we filed.