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JLBouldin19

Can I travel to Asia after filing N400 due to spouse's work.

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Posted (edited)

My spouse will travel to Asia this year around August and he already signed a 2 year contract for the company. He will need to live and stay overseas. 

I still have a pending I-751, I filed it last December 2017 for ROC. I am about to file my N400 within the next two weeks. It will be exactly 3 years and 8 days.

Is it okay for me to live with him in Asia while waiting for N400, and how long can I stay in Asia?

I heard it takes about a year. 

Please enlighten me. We need to get our airline tickets in the next 2-3 months. 

Edited by JLBouldin19

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Posted (edited)
2 hours ago, JLBouldin19 said:

My spouse will travel to Asia this year around August and he already signed a 2 year contract for the company. He will need to live and stay overseas. 

I still have a pending I-751, I filed it last December 2017 for ROC. I am about to file my N400 within the next two weeks. It will be exactly 3 years and 8 days.

Is it okay for me to live with him in Asia while waiting for N400, and how long can I stay in Asia?

I heard it takes about a year. 

Please enlighten me. We need to get our airline tickets in the next 2-3 months. 

If you live for over 6 months outside US, then you will break the continuous residence rule and you will not be satisfying one of the requirements of naturalization.

 

More about continuous residence here - https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Edited by love_my_wife

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On 3/4/2019 at 12:19 AM, love_my_wife said:

If you live for over 6 months outside US, then you will break the continuous residence rule and you will not be satisfying one of the requirements of naturalization.

 

More about continuous residence here - https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

thank you, even though I lived in US more than 3 years? (already a cr-1 visa since day 1 in US)  

Like what I've said I will file it on my 3rd year and 8 days. 

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Posted (edited)
18 minutes ago, JLBouldin19 said:

thank you, even though I lived in US more than 3 years? (already a cr-1 visa since day 1 in US)  

Like what I've said I will file it on my 3rd year and 8 days. 

Yes, continuous residence requirement has to be fulfilled at all times till your oath ceremony no matter how many years you have lived in US... So even if a person has lived in US for 10 years as a permanent resident and stays out of US for more than 6 months, then he or she loses the continuous residence status. There are ways you can prove that you didn't abandon your permanent resident by living out of US for more than 6 months but I have not heard of anyone who has proved it and able to naturalize! 

 

I learned the rule of continuous residence the hard way. I was out US for just 4-5 days over 6 months once. I would have become eligible in 2015 but because of that, I applied 3 years later in 2018 as my clock reset in 2013.

Edited by love_my_wife

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7 minutes ago, love_my_wife said:

Yes, continuous residence requirement has to be fulfilled at all times till your oath ceremony no matter how many years you have lived in US... So even if a person has lived in US for 10 years as a permanent resident and stays out of US for more than 6 months, then he or she loses the continuous residence status. There are ways you can prove that you didn't abandon your permanent resident by living out of US for more than 6 months but I have not heard of anyone who has proved it and able to naturalize! 

 

I learned the rule of continuous residence the hard way. I was out US for just 4-5 days over 6 months once. I would have become eligible in 2015 but because of that, I applied 3 years later in 2018 as my clock reset in 2013.

Thank you for the clarification and your time. I'm so glad I found the answer. Have a bless week!

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