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gol_e_ehsan

***3 months prior to n-400 filing-need to be in US??

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Hi everyone!

I hope all is well and I sincerely wish that all of your cases proceed well and without delay :)

I have a question, I have been searching around reading the boards to make sure that everything goes well when I apply for my husband's citizenship in a few months. I ran across a few things, hopefully you all can help clarify for me.

1. My husband came to the US almost 3 years on a fiance visa. He entered the US in Sept 2009 and got his conditional permanent resident card in Feb 2010. Feb 2013 is when he will have been a PR for 3 years so 90 before that is when we can apply for his citizenship, correct? 90 days from his PR date, not from the date that he came to US, I believe.

2. My next question would be about residency. For his 3 yr residency requirement he needs to have been in the US for at lease 18 months in the past 3 years (he has had to travel a back home a few times to take care of his family but has been in the US for more than 23 months and has never been out of the US for 6 months or more at a time). I am not so worried about that part, but I saw something on the USCIS website that says you need to show that you were in the US for the 3 months before you file your n-400 application. Is that true? My husband is out of the county and it is still about 3-4 months before he can apply so I want to make sure if this is a req or not. If it is, how would we prove it? would they just look at his passport?

Thank you so so much for your help!

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Here is one additional question....

About by 90 day question, does it mean he has to be physically present in the us before he applies or that he needs to just have maintained his residency? Because if that is the case, if he was not here, but our apartment lease is still in his name, bank accounts, credit cards, utility bills, etc. Would those things be sufficient evidence? Thanks again!

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Hi everyone!

I hope all is well and I sincerely wish that all of your cases proceed well and without delay :)

I have a question, I have been searching around reading the boards to make sure that everything goes well when I apply for my husband's citizenship in a few months. I ran across a few things, hopefully you all can help clarify for me.

1. My husband came to the US almost 3 years on a fiance visa. He entered the US in Sept 2009 and got his conditional permanent resident card in Feb 2010. Feb 2013 is when he will have been a PR for 3 years so 90 before that is when we can apply for his citizenship, correct? 90 days from his PR date, not from the date that he came to US, I believe.

2. My next question would be about residency. For his 3 yr residency requirement he needs to have been in the US for at lease 18 months in the past 3 years (he has had to travel a back home a few times to take care of his family but has been in the US for more than 23 months and has never been out of the US for 6 months or more at a time). I am not so worried about that part, but I saw something on the USCIS website that says you need to show that you were in the US for the 3 months before you file your n-400 application. Is that true? My husband is out of the county and it is still about 3-4 months before he can apply so I want to make sure if this is a req or not. If it is, how would we prove it? would they just look at his passport?

Thank you so so much for your help!

Take some time and study the USCIS Naturalization Guide (http://www.uscis.gov/files/article/M-476.pdf ) and the N400 instructions. They will walk you through all the requirements.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I can say you are following the guideline :thumbs:

All are correct.

But don't make this mistake http://www.visajourney.com/forums/topic/382606-the-immigration-officer-said-my-n400-aplication-was-sent-a-day-earlier/

Thank you :) Here is the sentence from the USCIS site that has gotten me all confused:

"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))."

Again, do I have to show that he has been physically present those 3 months (passport stamps I guess) or that he has just been a resident of the state/district (apartment lease, utility bills, etc)

I guess if I know what type of evidence they need to see then it would give me a better idea. Thanks for the clarification...

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Thank you :) Here is the sentence from the USCIS site that has gotten me all confused:

"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))."

Again, do I have to show that he has been physically present those 3 months (passport stamps I guess) or that he has just been a resident of the state/district (apartment lease, utility bills, etc)

I guess if I know what type of evidence they need to see then it would give me a better idea. Thanks for the clarification...

Resided means actually being present.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thank you :) Here is the sentence from the USCIS site that has gotten me all confused:

"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))."

Again, do I have to show that he has been physically present those 3 months (passport stamps I guess) or that he has just been a resident of the state/district (apartment lease, utility bills, etc)

I guess if I know what type of evidence they need to see then it would give me a better idea. Thanks for the clarification...

You need to establish that he has been a resident of THE state from where where you are applying. Meaning, he has been a resident of that state. His physical presence during the last three months is not needed, as long as you can establish his residency through, leases, mortgages, and other similar documents.


IR5 For Parent

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You need to establish that he has been a resident of THE state from where where you are applying. Meaning, he has been a resident of that state. His physical presence during the last three months is not needed, as long as you can establish his residency through, leases, mortgages, and other similar documents.

I believe this to be correct. My reading of the document says that you must have been residing in the state from which you apply for the previous three months. It is a weird requirement, but it does not seem to imply that you can't have been out of the country in the past three months--I believe if that were the requirement they would be more explicit about it. So as long as you've officially "lived" in the area for the previous three months, you should be fine.

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