N-400 before leaving in August -- worth it?

[dubbers 0]

Hi all,

I'm a foreigner married to an American, and my 3 year ir-1 anniversary was March 18. I'm taking a job overseas, and we are leaving probably in early August (job starts Sept 1, but our American health insurance ends July 31). I suppose we could use COBRA to extend our insurance here by a month.

I have two questions:

- is it worth it to attempt to file n-400 now? I would file it this week. It seems like the processing time is right on the edge of being within our timeframe. Obviously there are some advantages to becoming an American citizen (it would make visits easier, and make it easier should we decide to return down the line). We are in the Raleigh-Durham area, which does seem to have reasonably quick processing times.

- from what I can tell, there is absolutely nothing wrong with leaving the country right after one's oath. But at the interview, do they ask something like "what are your plans for the next few years?" Obviously I wouldn't lie, so would "taking a job in France next month" be cause to deny the n-400?

Thanks for your help!

[dubbers 0]

(Clarification: the 90 day window opened on the 18th)

[engineer21 51]

I personally would say it's worth it.

Especially if you think you can spare a few days to come back to the US in case your interview and/or oath isn't done yet prior to leaving.

If something changes in the future and you want to come back, it would be so much simpler.

And I don't think they care or ask if you are planning on leaving the country. They will ask about past absences.

I've heard others who apply for citizenship exactly for the purpose of not having to worry about being able to come back or not.

Did you maybe consider a re-entry permit to maintain your resident status? Or is this pretty much a permanent move?

Good luck whatever you decide!

[dubbers 0]

Thanks for the info! Unfortunately a re-entry permit won't work (even if not gone for good, at least for 4 or 5 years). The only thing that's holding me back is the fee (for n400+biometrics, it's about $800 I think, plus the cost of an extra month with the American medical 'system').

[BigDaddy28 228]

You might want to check the process time for your local office. Most of the offices are 5 to 6 months some might take longer such as Baltimore. and you will have your interview or oath in August. You could do that but you will ave to comeback here when you receive your interview letter. Now is your job with an American company, or government? If so they will work with you regarding your residency, but if it's not they might give you a hard time. I'm not positive about that but if you fall with a hard headed officer he might complaint about that. The filing fee for the N400 is 680 dollars. If you decide and want to do it do ASAP your days are counting against you now and every minute counts. Good luck.

[dubbers 0]

You might want to check the process time for your local office. Most of the offices are 5 to 6 months some might take longer such as Baltimore. and you will have your interview or oath in August. You could do that but you will ave to comeback here when you receive your interview letter. Now is your job with an American company, or government? If so they will work with you regarding your residency, but if it's not they might give you a hard time. I'm not positive about that but if you fall with a hard headed officer he might complaint about that. The filing fee for the N400 is 680 dollars. If you decide and want to do it do ASAP your days are counting against you now and every minute counts. Good luck.

Thanks -- I'm delaying by a week or so because I've read that filing too early can actually hurt. If your file is ready for interview before the anniversary, it can get bumped by a month or two (or so they say). Local office claims to be 5 months.

[BigDaddy28 228]

I filed exactly the same day my window opened my interview was after my 3 year mark. I advice you to do it now. Good luck

[dubbers 0]

There are good reasons to delay for a week or two into the 90 day window -- filing earlier can actually make for a later interview and oath.

[Darth Vader Ku 16]

There are good reasons to delay for a week or two into the 90 day window -- filing earlier can actually make for a later interview and oath.

Really? You've seen actual cases where an early filing (as long as it takes place within the permitted 90-day window) results in a later interview and oath? How would you even be able to determine that? Just curious...

[Messybrownhair 251]

There are good reasons to delay for a week or two into the 90 day window -- filing earlier can actually make for a later interview and oath.

Can I ask where this information is from? I'm asking because my 90-day window is next week, and I was planning to send it the day my window begins. I can't imagine why that would cause a delay, considering I am eligible to file then. I did not think USCIS punishes those who file on time as long as you can. I filed for ROC on my first day of eligibility and got my GC in less than 3 months..

[dubbers 0]

I've read about it on this website -- sorry no actual cases to hand. The problem is that if you file ASAP, then suppose they complete all the processing within the 90 days, so you get send up for interview. But they can't interview you because your anniversary isn't up. So you get bumped by a month or two.

[Darth Vader Ku 16]

I've read about it on this website -- sorry no actual cases to hand. The problem is that if you file ASAP, then suppose they complete all the processing within the 90 days, so you get send up for interview. But they can't interview you because your anniversary isn't up. So you get bumped by a month or two.

Actually, dubbers is somewhat right. There is anecdotal evidence in the last few years of petitioners submitting within their 90-day windows, obtaining an interview date before the fifth year anniversary of their Legal Permanent Resident status, passing the intervview, and then either being denied on the spot, or denied later on in writing or via telephone for the sole reason of not fulfilling the N-400 time requirement as of the time of the interview. It would seem that these cases are few and far between.

That said, there are other anecdotal mentions of petitioners who have had the same situations as described above. However, in those cases, the interviews were either re-scheduled by a few weeks, or successfully completed as scheduled but with oath confirmations delayed till the next available date after the fifth year anniversary of acquiring the Legal Permanent Resident status.

The pragmatic thing to ask oneself in this case is: based on all I have seen with my local field office processing N-400s in the last twelve months or so, do I really believe that my case will reach the interview stage before the fifth anniversary of my Legal Permament Resident status? In the unlikely scenario that one answers yes to this question (unlikely based on the processing times that most petitioners are currently reporting), then one should carefully research the manner that these unique situations are handled at one's local field office and make an informed decision accordingly.