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Sukie

Residency Requirements for Spouse of US Citizen

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In the five-year-path to citizenship, it's clear that the applicant must physically have been in the US 30 out of the 60 months in the five year period prior to filing.

In the three-year-path to citizenship, based on marriage to a US citizen, it's clear that the applicant must physically have been in the US 18 out of the 36 months prior to filing.

My question is about the following paragraph:

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Does this mean the applicant must PHYSICALLY be present in the US for 90 days prior to filing, or, does this mean that the applicant must have established residence (i.e. have a home) in the USCIS district or state from which they apply for 90 days prior to filing?

For example, in the latter case above, a couple moves from Massachusetts to New York. The couple must have resided in New York for 90 days before filing for citizenship at the local New York office.

I'm just trying to understand how this 90-day rule affects overseas travel. I don't want to screw up my spouse's citizenship timing if we are traveling overseas before we file (we go back and forth between our countries, though we spent much more time in the US than in her home country at this point).

Many thanks for this clarification.

Sukie in NY


Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Does this mean the applicant must PHYSICALLY be present in the US for 90 days prior to filing, or, does this mean that the applicant must have established residence (i.e. have a home) in the USCIS district or state from which they apply for 90 days prior to filing? Correct!

For example, in the latter case above, a couple moves from Massachusetts to New York. The couple must have resided in New York for 90 days before filing for citizenship at the local New York office. Correct!

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Thank you so much, Kash!

Sukie in NY


Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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