N400 returned back

[gc_citizenship]

Hi - I and my wife applied for citizenship but our application was returned back with the following message.

 

You can only apply 90 days before the completion of 5 years continuous residency

 

We got our GC on 04/29/2011 and I applied on 01/29/2016 assuming that its 90 days before completion of 5 years.

 

Now my question is are they deducting the days that we were out of the country in coming up with the 5 years. We were never out of the country for more than 3 months at a stretch. However, I have been out of the country for 172 days in total across 17 trips after we got GC. Similarly my wife has stayed outside the country for 182 days across 6 trips but no single trip exceeding more than 3 months

 

Any comments on what they mean by this rejection

[pontevecchio]

You applied 92 days before the end of 5 years. If you had sent it three days later, you would have been OK. Look at the Calendar and physically count days on it from 01/29/2016 and it would seem to be 92 days. Did they send back the check? Out of country days are immaterial if you fulfil all other requirements.

[JoeF]

Hi - I and my wife applied for citizenship but our application was returned back with the following message.

 

You can only apply 90 days before the completion of 5 years continuous residency

 

We got our GC on 04/29/2011 and I applied on 01/29/2016 assuming that its 90 days before completion of 5 years.

 

Now my question is are they deducting the days that we were out of the country in coming up with the 5 years. We were never out of the country for more than 3 months at a stretch. However, I have been out of the country for 172 days in total across 17 trips after we got GC. Similarly my wife has stayed outside the country for 182 days across 6 trips but no single trip exceeding more than 3 months

 

Any comments on what they mean by this rejection

 

3 months is more than 90 days...

I calculate 91 days from 1/29/16 to 4/29/16. Exactly 13 weeks. Remember, 2016 is a leap yearYou are lucky that they rejected it outright. Often, it only gets denied at the interview.

There really is no need to cut it close. If you had just waited a few days, there wouldn't have been any issue.