Leave the country right after biometrics for N400?

[Antrim 0]

Hi. I'm ready to apply for naturalization after almost 3 years (3 months away) married to a US citizen. However, I'm in a very delicate situation and would like to go back to my country as soon as possible.

I find myself with two options. One, simply leave right now, not get my citizenship and lose my permanent residency. I'm ready to do this if it's the only possibility.

However, I'm wondering if the following would work: send the N400 and all the documents, go through the biometrics (which as far as I know should be about 1 month later) and then leave right away, only coming back for the interview and oath, which hopefully happen in the same day or week.

Is this a possibility or a nono? As far as I know there doesn't seem to be a rule saying that you can't go out of the country for a long period while your N400 is processed (as long as you fulfill the residency requirements, which I do since I've only been out of the US for about 2 months total in these 3 years), but what I don't want to do is spend a lot of money in filing fees and plane tickets to get rejected because I've been living abroad.

Thanks.

[aleful 1,905]

hi

you can travel but not for a long time.

you have to be back for the interview, and the depending on the city and state, if there is no same day oath, it could be a few weeks or a month later the Oath ceremony.

so if you travel, only travel for a few weeks and then come back. once you have the Oath Ceremony and you get the Certificate and American Passport, there is no time limit for living abroad

[Dave&Roza 748]

Hi. I'm ready to apply for naturalization after almost 3 years (3 months away) married to a US citizen. However, I'm in a very delicate situation and would like to go back to my country as soon as possible.

I find myself with two options. One, simply leave right now, not get my citizenship and lose my permanent residency. I'm ready to do this if it's the only possibility.

However, I'm wondering if the following would work: send the N400 and all the documents, go through the biometrics (which as far as I know should be about 1 month later) and then leave right away, only coming back for the interview and oath, which hopefully happen in the same day or week.

Is this a possibility or a nono? As far as I know there doesn't seem to be a rule saying that you can't go out of the country for a long period while your N400 is processed (as long as you fulfill the residency requirements, which I do since I've only been out of the US for about 2 months total in these 3 years), but what I don't want to do is spend a lot of money in filing fees and plane tickets to get rejected because I've been living abroad.

Thanks.

First, your eligibility for citizenship is 3 years married AND 3 years as a LPR. So if you were a LPR before getting married you are fine, otherwise you have to wait until you have been a LPR for 3 years. Careful with this trip as the USCIS does ask about trips since you filed and if you happen to be outside the US for more than 6 months it could affect your continuous residency which could result in your application being denied due to not enough time as a LPR. You can leave at any time as long as you make it for the bio appointment, the interview, and the oath ceremony. I would not leave for a period longer than 5 months myself.

Good luck,

Dave

[Antrim 0]

I have been a LPR for 3 years and been married for a little longer.

I remember having read that they would ask about it, that's why I'm not sure if I should even apply for citizenship, because I don't want to be rejected for having been out of the country for maybe 2 or 3 months by the time of the interview (which I'm not even sure it's a problem, that's why I'm asking).

I did know that 6 months out of the country could result in losing the residency, but I don't think the process would take that long (and if it did, I wouldn't want to be here all that time anyway). I know that I'm required to have had 18 months of physical presence during these 3 years, which I surpass considerably.

[aleful 1,905]

hi

no, it won't be a problem, that's not a long time, but you could miss out of your interview. in all, depending on where you live, the process can take form 3 to 5 months in all, from the beginning to end, so I don't think you have 2 or 3 months to be out of the country before the interview. After biometrics it may be a month or so before the interview, maybe less.

For sure it will be less than 2 or 3 months if you are planning to leave for that long

[Antrim 0]

I live in Texas and would file in Dallas. The processing time seems to be around 5 months for the N-400 in that office. As far as I know and if I'm not mistaken, the biometrics appointment usually happens about a month after sending the application. So that would mean between 3-4 months of waiting for the interview and Oath. That seems to be a long time and I would like to spend it in my home country, simply coming back for the interview (which I should have enough warning for). The only reason I would not do this is if I could get rejected for it, but it doesn't seem to be the case.

[JimmyHou 613]

I live in Texas and would file in Dallas. The processing time seems to be around 5 months for the N-400 in that office. As far as I know and if I'm not mistaken, the biometrics appointment usually happens about a month after sending the application. So that would mean between 3-4 months of waiting for the interview and Oath. That seems to be a long time and I would like to spend it in my home country, simply coming back for the interview (which I should have enough warning for). The only reason I would not do this is if I could get rejected for it, but it doesn't seem to be the case.

You need to be careful with how you handle this; it can be a little tricky.

The only issue is that you need to be residing in the US to naturalize (except under very special circumstances).

So when you get to your interview, you'll be asked two potentially problematic questions:

1- Has your current address changed?

If you maintain your US address until your oath, this won't be a problem. If you no longer have a US address, this could be a problem.

2- Have you taken any trips outside the US since submitting your application?

A long trip might (or might not) lead to questions about whether or not you are living in the US.

Before you take your oath, you are still a permanent resident, and severing ties to the US can be seen as abandonment of your greencard even if it's just a couple of months before naturalization.