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n400 (4yrs 1day / 3yrs spouse of citizen)

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  • n400 (4yrs 1day / 3yrs spouse of citizen)

    my friend's chronology:


    date of lpr:jan01,18. (age:58).

    absence: jan01,21 to july05,22. (with reentry permit).

    return to usa: july06,22.
    4 absences since, 3 for <6mths, 1 for 8mths.(can substantiate with valid reason).

    what is the earliest date he's eligible to file n400 (for citizenship)?.
    would it be: july07,2026? (would have completed 30mths on usa soil since july06,22).

    btw: has not filed any returns ytd nor has been employed.

    -also, his wife had gained citizenship on jan23,24.
    if his n-400 form for citizenship (july07,26 :4yrs 1day) gets rejected, can he still file for citizenship AGAIN on jan23,27? (spouse of citizen).

    is filing returns and/or employment a MUST?

    should he consult/get the form filled by an immigration lawyer/attorney? what is the usual fees of an immi lawyer for such services?
    Last edited by auditorpnine; 06-24-2025, 10:27 AM.

  • #2
    If your friend had an 18 month absence (Jan 2021 – July 2022), it likely reset his continuous residence for naturalization. Even with a reentry permit, absences over a year typically break the continuous residence requirement. Based on this:
    • Continuous residence restarts from his return on July 6, 2022. He can apply July 7, 2026, after meeting the “4 years and 1 day” rule.
    • Since his wife became a US citizen on Jan 23, 2024, he’ll need to reestablish 3 years of continuous residence, meaning he can apply Jan 24, 2027 if married and residing together continuously.
    Filing US taxes is also important to show ties to the US. If he missed filing during his absence, he should consult a tax professional to resolve it. Employment isn’t mandatory but helps show US ties.

    If his case feels complicated, exploring options beyond traditional immigration attorneys could be a smarter choice. Attorney fees often range from $1,500–$3,000.

    If his case feels complicated, you might want to explore more affordable alternatives to traditional attorneys. I’ll send you a DM with details about a new service launching soon that simplifies family-based green card and citizenship processes while cutting costs significantly. Check your messages!

    Hope this helps. Good luck!
    Last edited by SkipLegalHelp; 06-25-2025, 08:07 AM.

    Comment


    • #3
      @skiplegalhelp:
      thanks. would you rather email me the link (the less expensive immi services).

      Comment


      • #4
        Sure, what is your email address?

        Comment


        • #5
          a u d i t o r p8 @ red iff mai l . co m

          Comment


          • #6
            Originally posted by auditorpnine View Post
            a u d i t o r p8 @ red iff mai l . co m
            sent. please check and sign-up for early discount.

            Comment


            • #7
              you read my case/chronology. email me a 'ball-park' figure (legal/consulting fees).

              Comment


              • #8
                Originally posted by auditorpnine View Post
                you read my case/chronology. email me a 'ball-park' figure (legal/consulting fees).
                Hey, did you check your email? If not, please do. We are not a traditional legal firm. Click on the links given to register yourself for early discount. And if you have more questions, please reply to my email and I will connect you to someone from my team.

                Comment


                • #9
                  i learnt (from google,chatgpt) one cannot file 90 days prior if filing under 4yrs 1day rule.
                  also, even if absent for 8mths, one can still file n400 after 4yrs 1day, only at the 'interview' the person interviewing will 'decide' to allow/disallow that absence.
                  if disallowed, fees will not be refunded.

                  have i learnt correct?

                  Comment

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