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Aloe

Do I meet the requirements?

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I am an Australian Citizen who has been an American permanent resident since September 2009.

I received my green card through marriage. Unfortunately at the beginning of this year my marriage fell apart and we divorced.

I truly believed in my heart that after my divorce I belonged in Australia and in May I moved back to Sydney. I have been here since but have had a terrible time adjusting and settling down. Slowly I have realised that the U.S. became my home... Not just the U.S. but Buffalo in particular. I am 26 and have lived in Buffalo for the majority of my adult life. My house is there which I have been trying to sell along with my car which hasn't yet sold either. All of my friends are there, I was happy there. I came back to Sydney and I do love it here, it has the familiarity of my childhood and my family but the truth is it just doesn't feel like home anymore. I miss my life... The only life I have known as an adult, I miss my friends, my house, my pets and I cannot settle here in Australia.

I am going to be moving back to Buffalo at the very beginning of November. Knowing that now, it is the first time I have truly felt at peace and like I can relax since I got back to Sydney.

One day Sydney may be the right place for me but it's not now.

I want to go back and apply for American Citizenship. I know I can go back because I haven't yet been gone for 6 months. My concern is when I get there will I be able to apply for citizenship. The biggest requirement I am worried about is

  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application

Technically, I never stopped "living" there. I have been a continuous resident and have really just been on an extended vacation here in Australia.

When I get home will I be able to apply immediately in regard to that requirement or will I need to wait 3 months?


11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

05/03/09 - Received email form USPS stating that package had arrived safely and was signed for!

05/11/09 - Received NOA1's for I-130/I-485/I-765

05/16/09 - Received Biometrics Appointment

05/30/09 - Received a CRAZY amount of RFE's that were dated 05/21/09

06/01/09 - Biometrics Appointment Scheduled. In and out in 10 minutes!! Sent off RFE information (Should arrive in MO on Wed.)

06/03/09 - USCIS received RFE response

07/23/09 - I called to have a service request put in

07/24/09 - I-765 Touched (FINALLY)

07/25/09 - I-765 CARD PRODUCTION ORDERED!!!!!!!! (About time!)

08/03/09 - EAD card came in the mail WOOHOO!!!

08/07/09 - Interview letter arrived

09/02/09 - Interview Date

09/07/09 - I think this is the day I received my Green Card.. Can't quite remember anymore.

Removal Of Conditions

08/03/11 - WOW it's already been TWO years! Sent ROC package to VSC.

08/05/11 - NOA1 date which arrived 8/10/2011

09/02/11 - Bio Appointment the notice was dated 8/12/11

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I am an Australian Citizen who has been an American permanent resident since September 2009.

I received my green card through marriage. Unfortunately at the beginning of this year my marriage fell apart and we divorced.

I truly believed in my heart that after my divorce I belonged in Australia and in May I moved back to Sydney. I have been here since but have had a terrible time adjusting and settling down. Slowly I have realised that the U.S. became my home... Not just the U.S. but Buffalo in particular. I am 26 and have lived in Buffalo for the majority of my adult life. My house is there which I have been trying to sell along with my car which hasn't yet sold either. All of my friends are there, I was happy there. I came back to Sydney and I do love it here, it has the familiarity of my childhood and my family but the truth is it just doesn't feel like home anymore. I miss my life... The only life I have known as an adult, I miss my friends, my house, my pets and I cannot settle here in Australia.

I am going to be moving back to Buffalo at the very beginning of November. Knowing that now, it is the first time I have truly felt at peace and like I can relax since I got back to Sydney.

One day Sydney may be the right place for me but it's not now.

I want to go back and apply for American Citizenship. I know I can go back because I haven't yet been gone for 6 months. My concern is when I get there will I be able to apply for citizenship. The biggest requirement I am worried about is

  • Have lived within the state, or USCIS district with jurisdiction over the applicants place of residence, for at least 3 months prior to the date of filing the application

Technically, I never stopped "living" there. I have been a continuous resident and have really just been on an extended vacation here in Australia.

When I get home will I be able to apply immediately in regard to that requirement or will I need to wait 3 months?

If you maintained your ties to New York (kept your house, kept your car, kept paying your bills, etc.) then it shouldn't be hard to demonstrate that your five months in Australia were nothing more than a long trip and that you maintained your residence in New York.

However, based on your desire to return to the US and live there, I don't see any reason why you would risk being asked questions about the 3 month residency requirement.

I agree wih you that you never "technically" stopped living in New York, but why argue technicalities when you can wait three months and make your concern go away?

There's no hurry, so if I were you, I'd move back to Buffalo in November, wait three months, and apply in February.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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