Reside in UK, can I file N400 online?

[Adamisawesome 2]

Dear VJ families,

 

I’m residing overseas, can I apply N400 online or I must file my application through mail? What if I file the N400 online, what worst case it can lead to? 

 

I will be in Houston for 2 weeks, thinking filing online will be faster to get my biometric done if I file it online within this few days. Most likely can get the biometric notice and appointment within 3-6 weeks time. Therefore I can at least get the biometric done and come back to UK while waiting for the notice of scheduled interview. 

 

Any other successful or current applicants has the same situation like me? Please enlighten me and give some info, thanks a lot!

 

Livia 

[Dee elle 1,368]

N400 has residency requirements that must be met such as resident in the US state in which you are applying for the 3 months prior to filing, and present in the US for a minimum of  30 out of the previous 60 months.. are you able to meet those requirements? Filing paper or online makes no difference to these requirements 

Edited August 28, 2018 by Dee elle

[little immigrant 800]

If you're residing in the UK then you don't qualify for US citizenship at this time. 

[Adamisawesome 2]

Just now, Dee elle said:

N400 has residency requirements that must be met such as resident in the US state in which you are applying for the 3 months prior to filing, and present in the US for a minimum of  30 out of the previous 60 months.. are you able to meet those requirements? Filing paper or online makes no difference to these requirements 

You are right. However I just called USCIS as I believe I’m falling to certain criteria (spouses of U.S. citizen employed abroad). And yes being told by the officer I’m eligible to apply under this circumstances.

 

A.  General Eligibility for Spouses of U.S. Citizens Employed Abroad

 

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage. [1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization. [2]

[Adamisawesome 2]

2 minutes ago, little immigrant said:

If you're residing in the UK then you don't qualify for US citizenship at this time. 

We just moved here since January this year. It was a company transfer as well. 

Residing in UK doesn’t means I can’t apply for naturalization. Correct me if I’m wrong. 

I’m CPR for 3 years, and my i751 is extended and under processing. 

 

[JFH 12,189]

It is my understanding that the exception to the residence requirement only applies to families of those overseas with the military or as government employees, those overseas on government orders, not those who are voluntarily overseas:

 

Exceptions

Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:

• The United States government, including the Military
• Contractors of the United States government
• A recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations (PDF, 104 KB))
• A public international organization
• An organization designated under the International Immunities Act

Edited August 28, 2018 by JFH

[Russ&Caro 1,548]

[better advice given above]

Edited August 28, 2018 by Russ&Caro

[little immigrant 800]

41 minutes ago, Adamisawesome said:

We just moved here since January this year. It was a company transfer as well. 

Residing in UK doesn’t means I can’t apply for naturalization. Correct me if I’m wrong. 

I’m CPR for 3 years, and my i751 is extended and under processing. 

 

How long do you plan on staying out of the states? Did you get a reentry permit?

 

Since you decided to reside and work outside the US you basically already abandoned your US residency. 

[CarlHamilton 252]

FYI, people who answer the phone are minimum-wage call center employees with minimal immigration law training (and that's being polite).  USCIS would love to have your application money and deny you two years from now (assuming Houston deals with your application - they're the slowest in the nation) for not meeting residency requirements. 

[SusieQQQ 11,584]

12 hours ago, Adamisawesome said:

 

A.  General Eligibility for Spouses of U.S. Citizens Employed Abroad

 

The spouse of a U.S. citizen who is “regularly stationed abroad” in qualifying employment may be eligible for naturalization on the basis of their marriage. [1] Spouses otherwise eligible under this provision are exempt from the continuous residence and physical presence requirements for naturalization. [2]

It’s the “qualifying employment” clause above that is critical - do you fall under one of the categories posted by JFH? Just working for any US company isn’t enough.

 

 

[Adamisawesome 2]

36 minutes ago, CarlHamilton said:

FYI, people who answer the phone are minimum-wage call center employees with minimal immigration law training (and that's being polite).  USCIS would love to have your application money and deny you two years from now (assuming Houston deals with your application - they're the slowest in the nation) for not meeting residency requirements. 

I absolutely agreed with you. We called USCIS twice, clarified twice, both employees said I’m eligible. But, I trusted VJ more, thanks for spending time for such inputs. I rather try to apply re-entry permit for now, and then N400 later when I return to Houston to establish back the residency requirements. 

 

Thanks again.

[Adamisawesome 2]

12 hours ago, JFH said:

It is my understanding that the exception to the residence requirement only applies to families of those overseas with the military or as government employees, those overseas on government orders, not those who are voluntarily overseas:

 

Exceptions

Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for:

• The United States government, including the Military
• Contractors of the United States government
• A recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations (PDF, 104 KB))
• A public international organization
• An organization designated under the International Immunities Act

Thanks for your inputs. Me and my husband sat down read all these articles and requirements and have a doubts, therefore we made a call to USCIS to clarify this matter. We hung up and we called and asked the same question again. Being told I’m elegible to apply, my husband is working for an American oil and gas company, that’s all. We told the USCIS operator that my husband is not work for government related or military related occupation. Still being answered I’m eligible and exempted just because this “spouses of U.S citizens employed abroad”. 

 

After the calls I honestly feel relieved, thought that I really can go for it and save some money travel forth and back to Houston from UK every 10months (before 1 year outside US). But I still have doubts, so I’m here to ask VJ experienced members. I trusted this site more than whoever the operator picked up from the USCIS line. 

 

Thanks again for your kind inputs. Cheers!

[CarlHamilton 252]

14 minutes ago, Adamisawesome said:

Thanks for your inputs. Me and my husband sat down read all these articles and requirements and have a doubts, therefore we made a call to USCIS to clarify this matter. We hung up and we called and asked the same question again. Being told I’m elegible to apply, my husband is working for an American oil and gas company, that’s all. We told the USCIS operator that my husband is not work for government related or military related occupation. Still being answered I’m eligible and exempted just because this “spouses of U.S citizens employed abroad”. 

 

After the calls I honestly feel relieved, thought that I really can go for it and save some money travel forth and back to Houston from UK every 10months (before 1 year outside US). But I still have doubts, so I’m here to ask VJ experienced members. I trusted this site more than whoever the operator picked up from the USCIS line. 

 

Thanks again for your kind inputs. Cheers!

And with all due respect to VJ contributors, you should talk to a lawyer before you rearrange your life around residency requirements.

[Adamisawesome 2]

Just now, CarlHamilton said:

And with all due respect to VJ contributors, you should talk to a lawyer before you rearrange your life around residency requirements.

Yes, seems like the best option for now. I regretted not think of applying re-entry permit before leaving Houston to UK. This cost so much money on the trips and risking abandon the residency. 

[Russ&Caro 1,548]

You can get very good advice here at VJ. Helps to be open to the advice and understand that many experts on here are very direct, which some people feel is rude but really is not.

 

A note on timelines outside of the country... the guidelines set by USCIS is not 1 year outside of the country but instead just 6 months. If you plan on being outside of the country for more than 6 months you should get a re-entry permit, as advised above. There seems to be many cases where being outside of the country in between 6 and 12 months has been allowed; however, this is not the guideline. If your husband will be outside of the country for an extended period of time, then you should focus on retaining your residency (green card), not your citizenship. You can always restart the clock on citizenship down the road when you return to the United States for a 3 year stretch of time. Good luck!