N400 denial for less than 3 months at current address

[insipidtoast 3]

After more than a month of dragging their heels, stupid USCIS finally sent our denial letter saying the spouse's citizenship was denied, because we weren't residents of the particular USCIS service center for at least 3 months at the time we sent in our N-400 application.

 

What a waste of time, effort, money, and patience.

 

We moved last July about 1500 miles to a different state, then filed our N-400 application in August. So we entered a different USCIS service center and were only there for 1.5 months at the time of filing the N-400.

 

They also mentioned in the letter that my wife constantly travels with me to support me in my job, so we don't technically live anywhere on a permanent basis - as if that is even relevant what our lifestyle is. The bottom line is that we've held continuous residence in the USA since my spouse set foot here. We make an honest living. And that's all there is to it.

 

So what now? Obviously we're not going to waste $700 filing an appeal for some nitpicky requirement that we missed last year. We can't correct that. We honestly never even read that that was a requirement.

 

Well, we changed our address again to TN and are sticking with the story that we rent a room from my sister in her house, and "live" there permanently. I guess my wife will just have to say she's a "nanny" or some BS, since it seems like they have a problem with a husband and wife living together on the road. So if anyone asks in the future, that's our story and we're sticking to it.

 

So did we ruin my spouse's chances to become a citizen or is there something else we can do? Perhaps at a later date?

 

We really wanted citizenship so we could spend some time abroad in my spouse's home country without having to worry about some imaginary bureaucratic time limit...

 

So, from now on, what is the time limit for time spent abroad?

 

And when and how will citizenship be on the table in the future?

[little immigrant 800]

I wouldn't lie at all. Don't make up stories. Now you have lived at the new address for 3 months correct? I would either appeal or refile. 

 

Also are you both traveling within the US or abroad? 

 

Sorry about all this hassle and I hope your wife gets citizenship soon. From what I've seen here, the applications filed online are faster. Maybe that will change soon but if I would have to file again I would do it online. 

[gnakr 43]

Wait, was the denial after she had gone through the entire interview process?

Edited June 30, 2018 by gnakr

[mushroomspore 3,043]

An appeal isn't worth it in this case and it won't get you anywhere. The 3-month residency requirement is listed as point #3 on page 1 of the N400 instructions packet where they list eligibility requirements, so unfortunately the denial was correctly made. I believe she's allowed to apply again. Perhaps check the denial letter again for information on re-application. And here is USCIS' official guide to naturalization. Please read ASAP. 

 

As for the traveling, is it domestic or abroad? If abroad, how long are the trips generally? I've never heard of them saying something like that about "not living permanently" somewhere. Seems odd. Does your wife actually work with you when you go on these trips? Does she have her own remote work-from-home job that allows her to travel with you? Generally, LPR's risk losing their LPR status if they are abroad for six months or more.

 

I would also advise strongly against lying about renting a room at your sister's place and your wife being a nanny.

Edited June 30, 2018 by mushroomspore

[EM_Vandaveer 2,370]

Re-apply now that you've been living there for more than 3 months. Don't appeal, you'd lose an appeal because the denial was correct.

DO NOT lie about where you live.

[Jojo92122 1,924]

You never read the requirement.  You didn't meet the requirement.  It's not nitpicking to deny the N-400 when you do not meet the requirement.  This is not an imaginary bureaucratic time limit.  Take it seriously.  Take the process seriously.  

 

If it's important to you, then take the time to do your homework.  If you had, you would not have wasted time and money.  Take this process seriously or you will waste more time and money. 

 

Take responsibility.  You messed up.  Accept your mistake and move on.  Don't blame others for nitpicking when you failed to read and failed to meet a requirement. 

 

Lying.  Brilliant idea.  You are so much smarter than the system.  What could go wrong?  Everything has worked out so brilliantly for you so far.  

 

 

Edited June 30, 2018 by Jojo92122

[geowrian 22,336]

The N-400 was properly denied. You didn't do your reading and thaty's the consequence, sorry. The requirement is by law, not the IO's discretion. Now you know and can address for the next time you file.

 

Do NOT lie on any immigration form ever. If they find out, you will be in big trouble. If they find out after naturalization, you can still lose your citizenship.

[Ryan H 3,796]

***Enough proper answers have been given and this thread is now being closed to additional discussion under the below quoted provision of the TOS.  Do not restart this thread or refer to it in future discussions.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.