topegar77

hi

I know you guys are not a lawyer but perhaps can help me with my inquiry. Let me briefly explain my situation:
- GGCC holder since 03/22/13 - i went to the Us to "activate" the residency because i was about to give birth in my country.
- I left USA on 03/25/13
- I had my baby and went back here in 10/07/13 - trip of 6 months and 2 weeks or so.
- I remained in the US since then.

Since the trip is a bit tricky i decided to wait until 10/07/18 to file my citizenship and i am planning to do it 90 days before (07/07/18).

Is it my interpretation ok? I am thinking that perhaps i have to wait until October to fill it since July-13 i was kind of in the middle of the 6-month trip.

Any idea or thought are welcome!

GeoffM

IIRC the online N400 calculates this for you, once you enter the travel dates. I can't remember if it says you're eligible for citizenship based on those numbers though. We were well over the minimum requirement so it was a non-issue for us.

Rete

What is a GGCC? A green card perhaps? You can't activate a green card. So you must have had a visa which resulted in your being made a permanent resident when you entered the POE on the visa. What was the basis for the visa? Marriage to a US Citizen? Regardless, your thoughts are correct. You can file 90 days before the eligibility date for naturalization. Count the days carefully back from 10/7 to find the true date you would be eligible to file for naturalization. Some months have 30 days and others have 31. It is not 3 months but 90 days.

sun_burn

Here's the USCIS filing date calculator page: https://www.uscis.gov/sites/default/...alculator.html

The link above is accessible from https://www.uscis.gov/forms/uscis-ea...ing-calculator

topegar77

it was the visa as you said, i wont the lottery so i had to wait for the 5 years. Thanks, i will calculate it.

civilservant

Just out of curiosity, did you get a visa for the baby? You imply that he/she was born in your home country, and you are clearly not a US citizen. The child would have required entry documents of some kind, unless of course the father was a USC.

S Folinsky

Word of warning based upon past experience: DHS may not recognize the 90 day rule in computing continuous residence before filing.

Also, when there is a beak in continuity of presence, it has been general practice that the last 364 days of the absence will be counted towards the required presences. So, lets say a person is out two years [assuming no abandonment of residence status], the practice was that they could apply FOUR years one day after return. Many people would miss that one.

S Folinsky

Just out of my own idle curiosity, why do you not give credence to the time line posted by OP?

topegar77

Everything was perfectly sorted before arriving. The consulate was very helpful

topegar77

What do you mean about the 90-day rule?

As for you second parraphaph, i have heard the 4+1. In my case, my trip was atat s beginning of my residence, 6month andatwo weeks and i didnt request the document to return back but i had no problem entering.

I was thinking to play safe and wait 5 years after i returned... So tricky!

Rete

The 90 day rule, i.e. filing 90 days before you are actually eligible.

topegar77

so that means that DHS might not take into account the 90 days? That's what i am assuming...

GeoffM

So what happens if OP files before they are deemed to be eligible? Money returned or money lost? IOW would it be better for OP to wait until definitely eligible (5 years after 2nd entry to be sure)?

Rete

It would be rejected. Hey, it is only 90 days, a little less than 3 months. Wait until the full time is spent and then apply. It's not like it is a wait of six months or more.

GeoffM

Well, obviously, but I asked about the money.