3 Months Residency in State

[poolmom 1]

I'm filling out N-400 forms for my 24 and 21 yr old sons and myself right now. We are Canadians and have been Permanent Residents since 2005. I don't know what to do with my youngest son who is 20 yrs old. He will be a junior at University of Missouri this fall. He is presently in China on an internship. He will be back in the USA in August and will have been abroad 2 months. Since he is not in Illinois with us the past 3 months does that mean I can't file his application with ours?

Another complication is that he will be leaving the US again in September for his Study Abroad semester in Beijing. He will be out of US for 4 months. Do I have to wait until March 2013 to file his application? Also will these 2 trips of 2 months and 4 months jeopardize his application or Green Card status?

Thanks in advance for any advice.

[Paradise123 7]

If you count him as a dependent he can use your address (you can find that somewhere in the naturalization guide). Also I don't think that would be a problem because if it is a study abroad, then I assume he is paying tuition, room and board as if he is going to his university, so he basically shows intent to stay in the US.

Travel abroad does not count when calculating the 3 month residency.

[poolmom 1]

So are you saying that even though he is traveling aboard he still fulfills the 3 month residency requirement? I can file his application now along with ours?

[DCINDC 0]

So are you saying that even though he is traveling aboard he still fulfills the 3 month residency requirement? I can file his application now along with ours?

Did he maintain his IL driver's license?

[Paradise123 7]

He he still maintains it as long as he did not change states.

[poolmom 1]

He still has his Illinois Drivers License. He is still a full time student at University of Missouri. Should I file his application now even though he has been in China on his internship since May 29. He is returning to USA August 5th. He wil leave for Beijing again in September for his study abroad semester returning the end of December. Should I file in December when he returns or would I have to wait until March 2013 to fulfill the 3 month residency requirement. It's a bit confusing to me. Does the 3 months residency mean actual physical presence? We've lived in the same address in Illinois for 8 and 1/2 years with the exception of when he goes to school in Missouri since 2010.

It's a bit confusing to me. Does 3 month residency meant actual physical presence? Or just your home address?

Thanks for any help!

[Paradise123 7]

We already told you that yhou can file for him when he returns in December. However, if you are unsure just wait.

Edited July 19, 2012 by Paradise123