Residency for N 400

[VerVer 3]

 Hi all!

 

 I am in the process of ROC. I have my 24 months extension letter.

 I am planning to travel for 2.5 months in June, then arrive back in the US and apply for citizenship in September (3 years).

 I will arrive back on the 1 of September and apply on the 15th of September. I am still paying rent for the same house I've had for 3 years and all my bills run the same (cable, internet),same bank account, driving license etc. It is just a vacation with my loved one, the second since we married. The first one was for 3 months.

To my understanding, I meet the criteria of residing in the same USCIS area.

 

This is the text from USCIS website : 

"In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency"

 

 What do you think ?

Would it cause a problem the fact that i am travelling right before filing N 400 ?

 

Thank you!

 

[Mike E 11,741]

I think you should wait 3 months.
 

Even if you are legally in the right, you are at the mercy of the IO.  

[VerVer 3]

 It does not say to be physically present for 3 months prior to filing N 400. It says to reside, in my opinion to have the address in that jurisdiction,which i have.

In USCIS s manual they use the term dwelling. 

Edited April 15, 2022 by VerVer

[Mike E 11,741]

To an IO “reside” might not  mean spend most of your time outside the USA 

 

You can give it a try. And go all the way to the interview and be denied.  

[VerVer 3]

50 minutes ago, Mike E said:

To an IO “reside” might not  mean spend most of your time outside the USA 

 

You can give it a try. And go all the way to the interview and be denied.  

Mike you make a confusion here. 

Most of my time was spent in the US. Out of 3 years (36 months), i was out for 5.5 months. First time for 3 months last year and now for 2.5 months. If you think that a total of 5.5 months outside  means "most of my time" then i rest my case.

My question was about the 90 days prior to filing N 400. Does one need to be in the US for the 90 days before filing the form or those 90 days are referring to having a dwelling in that state ?

[Mike E 11,741]

12 minutes ago, VerVer said:

My question was about the 90 days prior to filing N 400. Does one need to be in the US for the 90 days before filing the form or those 90 days are referring to having a dwelling in that state ?

I’m not confused.
 

You are planning to spent most of the 3 months (not 90 days) before you file outside the USA.

 

I’m saying to an IO that doesn’t look like residing in the same state or USCIS field office for 3 months before filing.

 

 

[VerVer 3]

13 minutes ago, Mike E said:

I’m not confused.
 

You are planning to spent most of the 3 months (not 90 days) before you file outside the USA.

 

I’m saying to an IO that doesn’t look like residing in the same state or USCIS field office for 3 months before filing.

 

 

6. Residence During Absences of Less than One Year

      An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence. ^[11] 

     If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement.^[12] 

 

So, because I have been residing at this address for the about 3 years, to me it is clear that the trip of 2.5 months prior to filing the N 400 is perfectly acceptable and does not interfere with the 90 days residency requirement.  I established the residence in 2019 and so 90 days have elapsed...  

Edited April 15, 2022 by VerVer

[Mike E 11,741]

My opinion on this rigid.  Best wishes for your final step on your journey. Over and out.  

[VerVer 3]

9 minutes ago, Mike E said:

My opinion on this rigid.  Best wishes for your final step on your journey. Over and out.  

This is from USCIS manual, it is pretty clear...Read the first paragraph and it says that you need 3 months from when you started residing at that place( your home in US) which for me is 2019. It does not say that if you return to the same residence you need 3 months again. You would need 3 months if you move to another state/USCIS jurisdiction. 

Edited April 15, 2022 by VerVer

[nastra30 2,288]

9 hours ago, VerVer said:

 

 What do you think ?

Would it cause a problem the fact that i am travelling right before filing N 400 ?

 

 

It seems from your responses that you are confident it won't cause any issue, and suggestions are being swept aside. So since you've done your research and and very confident it won't cause a problem, I will say go ahead and travel, and apply as you intended. Good luck.

Edited April 15, 2022 by nastra30

[VerVer 3]

2 hours ago, nastra30 said:

It seems from your responses that you are confident it won't cause any issue, and suggestions are being swept aside. So since you've done your research and and very confident it won't cause a problem, I will say go ahead and travel, and apply as you intended. Good luck.

Suggestion are always welcomed. 

 

[Verrou 1,962]

50 minutes ago, VerVer said:

Suggestion are always welcomed. 

 

i will wait 3 months after you come back from the holiday. it just cost extra 3 months rather than being denied because of technicality, i also read the manual but again, you are at the mercy of the IO and if you "challenge" or "fight" its gonna cost more than 3 months

[VerVer 3]

(5) Residence during absences of less than one year.

(i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.

(ii) Return to the United States. If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in § 316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.

 

when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence-------- for me that date is 2019.

 

 

General. Unless otherwise specified, for purposes of this chapter, including § 316.2 (a)(3), (a)(5), and (a)(6), an alien's residence 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 is measured from the moment the alien first establishes residence in that location.

Edited April 15, 2022 by VerVer

[Rocio0010 5,579]

People have given you suggestions, but you keep discussing them. It seems like you’re wanting us to tell you go ahead and apply according to your plan. 
Well, turns out we’ve been here long enough to know that, at the end of the day, you’re at the officer’s discretion and interpretation of “residence”. 
Applying for citizenship is completely voluntary. Therefore, there is really no rush to apply by a certain deadline. For all that matters, you could remain a PR And renew every ten years. 
As @Misscloud has rightfully said, the “safest” thing to do would be to apply 3 months after your arrival. But I guess if you want to risk $700 you can always try…

[VerVer 3]

5 minutes ago, Rocio0010 said:

People have given you suggestions, but you keep discussing them. It seems like you’re wanting us to tell you go ahead and apply according to your plan. 
Well, turns out we’ve been here long enough to know that, at the end of the day, you’re at the officer’s discretion and interpretation of “residence”. 
Applying for citizenship is completely voluntary. Therefore, there is really no rush to apply by a certain deadline. For all that matters, you could remain a PR And renew every ten years. 
As @Misscloud has rightfully said, the “safest” thing to do would be to apply 3 months after your arrival. But I guess if you want to risk $700 you can always try…

, you’re at the officer’s discretion and interpretation of “residence”. 

 

Absolutely wrong ! We are at the discretion of the law not at the discretion of the officer! The officer is obligated to follow the law too! 

Residence means dwelling, "home". A trip outside your state or outside US does not change it's meaning! I am still residing at my address and i ve been doing this for 3 years.  

When i posted this topic i wanted to see if someone had this experience too.

Edited April 15, 2022 by VerVer