Fill N-400 under 4 year + 1 day provision

[indigreen]

Hi - I need some help in filling n-400 for someone under the provision of 4 years + 1 day rule.

 

Sep 2009: Green cards approved for wife and I

July 2011: - Both left on a 5 month overseas trip with an intent to return to USA in Dec 2011. No re-entry permit applied.

Dec 2011: I returned to USA but wife was advised to not travel due to pregnancy.

Aug 2012: Daughter born overseas

 

Apr 2013:

       - As we did not take re-entry permit, wife attended interview at US consulate in New Delhi. Her GC was re-instated after she had explained the circumstance of her extended stay.

       - Wife entered on Green card and new born received Green card on arrival.

 

June 2015: 

        - I became a US Citizen after complying with continuous residence requirement of 5 years from GC approval.

        - Wife was not eligible for naturalization at the time as her continuous residence got interrupted for 20 months between 2011 - 2013.

 

Questions:

1. Is my wife eligible to apply for Green card based on 4 year + 1 day rule. If so, by April'17 it has been 4 years since she returned to US. If eligible for 4 y+1d, how would I fill the N-400 form. I mean how exactly would I indicate in "Part 1 - Information about eligibility" that we are applying based on 4 year +1 day provision. I am seeing bunch of codes and 

 

2. Is there a need to send any supporting documentation when filing under this provision.

 

I've filed my N-400 by myself in my case. Unless someone categorizes my wife's case as more complex than usual, I would like to file this by myself.

 

Looking forward for some expert advise.

 

Thanks & Regards

 

[indigreen]

On 5/19/2017 at 6:34 PM, indigreen said:

***Edited my questions. Please help. Thanks!

 

Hi - I need some help in filling n-400 for someone under the provision of 4 years + 1 day rule.

 

Sep 2009: Green cards approved for wife and I

July 2011: - Both left on a 5 month overseas trip with an intent to return to USA in Dec 2011. No re-entry permit applied.

Dec 2011: I returned to USA but wife was advised to not travel due to pregnancy.

Aug 2012: Daughter born overseas

Apr 2013:

       - As we did not take re-entry permit, wife attended interview at US consulate in New Delhi. Her GC was re-instated after she had explained the circumstance of her extended stay.

       - Wife entered on Green card and new born received Green card on arrival.

June 2015: 

        - I became a US Citizen after complying with continuous residence requirement of 5 years from GC approval.

        - Wife was not eligible for naturalization at the time as her continuous residence got interrupted for 20 months between 2011 - 2013.

 

Questions:

1. Is my wife eligible to apply for Green card based on 4 year + 1 day rule. If so, by April'17 it has been 4 years since she returned to US. If eligible for 4 y+1d, how would I fill the N-400 form. I mean how exactly would I indicate in "Part 1 - Information about eligibility" that we are applying based on 4 year +1 day provision. Should I select A - Have been a lawful resident for at least 5 years or E - Other and explain why I am applying now?

 

2. For 4 year + 1 day exception, USCIS says it's applicable for those "whose application for naturalization is denied for an absence of one year or longer". Does it mean the application should have been denied before in order for someone to be eligible now? Please help me interpret this.

 

3. Is there a need to send any supporting documentation when filing under this provision such as a cover letter and any supporting document explaining the reason behind the stay outside US between 2011 and 2013.

 

I've filed my N-400 by myself in my case. Unless someone categorizes my wife's case as more complex than usual, I would like to file this by myself.

 

Looking forward for some expert advise.

 

Thanks & Regards