Travel Restrictions after 3-yr Waiting Period
Dec 19th 2019, 5:12 pm
#1
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 29
Travel Restrictions after 3-yr Waiting Period
Hi Folks,
Once we hit the 3-yr time requirement for applying for citizenship (due to marriage), and we have submitted the N-400, does the travel restriction "clock" stop?
TIA!
Once we hit the 3-yr time requirement for applying for citizenship (due to marriage), and we have submitted the N-400, does the travel restriction "clock" stop?
TIA!
Dec 19th 2019, 7:05 pm
#2
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Travel Restrictions after 3-yr Waiting Period
Not sure what you mean by "travel restriction clock". You must still not interrupt continuous residence (which is generally interrupted by an absence of more than 6 months, though an absence of between 6 months and 1 year is arguable).
Dec 19th 2019, 8:08 pm
#3
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Travel Restrictions after 3-yr Waiting Period
Dec 21st 2019, 10:06 am
#4
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 29
Re: Travel Restrictions after 3-yr Waiting Period
Hi, sorry.... didn't mean to confuse people. What I mean by "travel restrictions" is the time in residency requirement. For example, within the 3-year waiting period, any time spent outside the US "resets" that 3-yr "clock" by the amount of time outside the US and the time away is added to the residency period.
So, if we have not traveled outside the US within the 3-yr residency requirement, and we then submit our N-400 (next week for us) does the residency clock stop for us at that point and we would be free to travel after that? The reason I ask is that my Husband (the British side of "us") may need to travel back to the UK next May for family reasons. As I mentioned, we will have filed our N-400 application as of next week, and if he has not become a US citizen by that time, do we still need to record any time away?
Thanks!
So, if we have not traveled outside the US within the 3-yr residency requirement, and we then submit our N-400 (next week for us) does the residency clock stop for us at that point and we would be free to travel after that? The reason I ask is that my Husband (the British side of "us") may need to travel back to the UK next May for family reasons. As I mentioned, we will have filed our N-400 application as of next week, and if he has not become a US citizen by that time, do we still need to record any time away?
Thanks!
Dec 21st 2019, 10:34 am
#5
Forum Regular
Joined: Nov 2019
Posts: 226
Re: Travel Restrictions after 3-yr Waiting Period
That’s incorrect. The clock only re-sets if are absent from the country for more than a year. A 2-week trip on holiday somewhere does not re-set your clock. Are you telling me you’ve not left the country in 3 years at all because you thought it would delay naturalization?
Dec 21st 2019, 12:40 pm
#6
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Travel Restrictions after 3-yr Waiting Period
Who is the "we" that are naturalizing? I thought it was just you.
Anyway, you can travel outside of the US at any desired time during the residency status. The Guide to Naturalization spells out just how much time you can be outside of the US for the residency years used to make you eligible to naturalize. In total it is 18 months if naturalizing based on marriage to a US Citizen.
Anyway, you can travel outside of the US at any desired time during the residency status. The Guide to Naturalization spells out just how much time you can be outside of the US for the residency years used to make you eligible to naturalize. In total it is 18 months if naturalizing based on marriage to a US Citizen.
Dec 21st 2019, 6:19 pm
#7
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Travel Restrictions after 3-yr Waiting Period
Hi, sorry.... didn't mean to confuse people. What I mean by "travel restrictions" is the time in residency requirement. For example, within the 3-year waiting period, any time spent outside the US "resets" that 3-yr "clock" by the amount of time outside the US and the time away is added to the residency period.
So, if we have not traveled outside the US within the 3-yr residency requirement, and we then submit our N-400 (next week for us) does the residency clock stop for us at that point and we would be free to travel after that? The reason I ask is that my Husband (the British side of "us") may need to travel back to the UK next May for family reasons. As I mentioned, we will have filed our N-400 application as of next week, and if he has not become a US citizen by that time, do we still need to record any time away?
Thanks!
So, if we have not traveled outside the US within the 3-yr residency requirement, and we then submit our N-400 (next week for us) does the residency clock stop for us at that point and we would be free to travel after that? The reason I ask is that my Husband (the British side of "us") may need to travel back to the UK next May for family reasons. As I mentioned, we will have filed our N-400 application as of next week, and if he has not become a US citizen by that time, do we still need to record any time away?
Thanks!
Any time spent outside the US won't count as physical presence in the US, but you only need physical presence totaling up to half of the 3 years (18 months) to qualify for naturalization.
Dec 22nd 2019, 8:11 am
#8
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 29
Re: Travel Restrictions after 3-yr Waiting Period
WOW! We were told at the time my husband received his green card that any time (a day, a week, a month, etc.) would be added to the continuous residency requirements; so if he spent two weeks outside the US, those two weeks would be added to the date of his originally eligibility to file.
And, no, we have not traveled outside the US in this entire three years because of that..... oh well, not a problem.
Thank you everyone for help!!! VERY much appreciated!
And, no, we have not traveled outside the US in this entire three years because of that..... oh well, not a problem.
Thank you everyone for help!!! VERY much appreciated!
Dec 22nd 2019, 11:07 pm
#9
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Travel Restrictions after 3-yr Waiting Period
WOW! We were told at the time my husband received his green card that any time (a day, a week, a month, etc.) would be added to the continuous residency requirements; so if he spent two weeks outside the US, those two weeks would be added to the date of his originally eligibility to file.
And, no, we have not traveled outside the US in this entire three years because of that..... oh well, not a problem.
Thank you everyone for help!!! VERY much appreciated!
And, no, we have not traveled outside the US in this entire three years because of that..... oh well, not a problem.
Thank you everyone for help!!! VERY much appreciated!
https://www.uscis.gov/us-citizenship...es-us-citizens
https://www.uscis.gov/policy-manual/...rt-d-chapter-4
”
A. Physical Presence Requirement
An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application. [1]Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization. The continuous residence [2] and physical presence requirements are interrelated but each must be satisfied for naturalization.
USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.”
Last edited by tht; Dec 22nd 2019 at 11:09 pm.
