Living Abroad while N400 Pending

[ImmigrantKane 0]

Hi,

 

I have a quick question. Really appreciate your comments.

 

I'm about to submit my N400 application, based on 5-year rule. I lived and worked in the US for 30 months in last 5 years, paid taxes, and never left more than 6 months. I do fulfill continuous residency, physical presence and 3-month requirements. However, I need to go back to my home country after I submit my N400 application.

 

My question is, would it be ok if I apply and come back here for biometric appointment, interview etc. Also, whenever necessary not to exceed 6 month rule.

I'm planning to keep my bank account, PO Box, brokerage account, LLC and credit card. At least until I get my citizenship. But I won't have an apartment or physical address with utility bills. I can show friend's apartment if necessary.

 

Based on legal guidelines, I didn't see any problem with this plan. Still, I wanted to run it by you. What you think? What are the important points I need consider to satisfy continuous residency requirement while I'm away?

 

Thanks in advance

[LTTN 10]

They check your passport at the interview so if you're not actually living in the US they'll probably pick up on it. The last thing you want to do is mislead them in the interview as it can lead to your citizenship being revoked later on.

[N400NYC 380]

Your travel activities following the submission of the application will be reviewed at the time of interview. And you have to continue to meet the residency and physical presence requirements right up until the time of the interview. Is it possible to make your trips outside of the country shorter and maintain a residential address in the USA?

[ImmigrantKane 0]

Thank you all.

 

Just to clarify, I don't intend to mislead anybody or use any wrong information in my application. I just want to understand what's acceptable. There should be a reason why they allow people to physically present in the U.S. only 50% of the required time both under 3-year and 5-year rules and still be eligible for citizenship. I thought I can travel in and out as long as I'm financially connected to the U.S., and not employed abroad.

 

@N400NYC I'm planning to have max. 3-4 month long travels. I can rent a place, but it will be costly. If I'm not legally obliged to rent or own a physical address, I prefer giving my friend's address, where I will be staying when I'm back in the U.S anyway. Would this be ok? Or do I have to show utility bills, rent or mortgage?

 

I'm planning to live in the U.S. in the long run, but right now (due to family reasons) I prefer to have some flexibility and spend as much time as possible back in my home country as it's also not clear how long naturalization process will take.

[N400NYC 380]

5 minutes ago, ImmigrantKane said:

Thank you all.

 

Just to clarify, I don't intend to mislead anybody or use any wrong information in my application. I just want to understand what's acceptable. There should be a reason why they allow people to physically present in the U.S. only 50% of the required time both under 3-year and 5-year rules and still be eligible for citizenship. I thought I can travel in and out as long as I'm financially connected to the U.S., and not employed abroad.

 

@N400NYC I'm planning to have max. 3-4 month long travels. I can rent a place, but it will be costly. If I'm not legally obliged to rent or own a physical address, I prefer giving my friend's address, where I will be staying when I'm back in the U.S anyway. Would this be ok? Or do I have to show utility bills, rent or mortgage?

 

I'm planning to live in the U.S. in the long run, but right now (due to family reasons) I prefer to have some flexibility and spend as much time as possible back in my home country as it's also not clear how long naturalization process will take.

All of that makes sense to me. I think just to be safe, you might want to check with an attorney - one time consultation - to make sure what you plan to do won't cause any problems. 

[Villanelle 4,123]

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” ^[3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence.

 

The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. Each requirement must be satisfied (unless otherwise specified) in order for the applicant to be eligible for naturalization.