Help! Confused N400

[charramal 0]

Hello. I am in my home country right now and been here for 5 months already. I lived in Georgia but I am planning to move to California when I return to the US. I want to know if I can send my N-400 application in California right after I get back to the states? Or do I have to wait for 3 months before I can submit my application?

Also, If I cannot file my N-400 in CA, can i file it in GA instead eventhough i was not in the state 3 months prior the application?

Lastly, I want to know if it is safe to submit my application, I am married for 3.5 years already and been out the US twice.. (1) 2 months (2) 5 months?

Thank you so much for the help.

[Little_My 464]

As stated on USCIS website in the "Citizenship through naturalization" section...

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

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)).

So, if you have been present in the us for a minimum of 18 months within the three years, you are eligible for citizenship. You do have to reside in the state where you claim residency for at least three months before filing, and you have to file where you reside - so no, you cannot file immediately after you are back, and no, you cannot file in Georgia if you actually reside in CA, and vice versa.

[nwctzn 55]

Hello. I am in my home country right now and been here for 5 months already. I lived in Georgia but I am planning to move to California when I return to the US. I want to know if I can send my N-400 application in California right after I get back to the states? Or do I have to wait for 3 months before I can submit my application?

Also, If I cannot file my N-400 in CA, can i file it in GA instead eventhough i was not in the state 3 months prior the application?

Lastly, I want to know if it is safe to submit my application, I am married for 3.5 years already and been out the US twice.. (1) 2 months (2) 5 months?

Thank you so much for the help.

I would suggest that you apply 3 months after you have moved to California. Otherwise, it is a lot of hassle with transferring your files between USCIS offices. Doing a clean application after having lived for 3 months in California will save you a lot of headaches.

Also, your two trips are OK. They are not over 6 months each and hence, do not violate the continuous residence requirement.

Best of luck!

[charramal 0]

As stated on USCIS website in the "Citizenship through naturalization" section...

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

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)).

So, if you have been present in the us for a minimum of 18 months within the three years, you are eligible for citizenship. You do have to reside in the state where you claim residency for at least three months before filing, and you have to file where you reside - so no, you cannot file immediately after you are back, and no, you cannot file in Georgia if you actually reside in CA, and vice versa.

Thanks so much for the quick reply.

So I think I will have to postponed my plan moving to Cali and continue my residency in Georgia. My question is do I still have to wait for 3 months if Im filing in GA? I am still out of the country. Thanks again.

[Penguin_ie 5,994]

No in Georgia you don;t have to wait because you are still a resident there, even if you are currently vacationing abroad.