n-400 Early Filing and ?? presence

[Joe Minero 4]

The n-400 filing instructions say you have  "lived within the state or USCIS district where you claim residence for at least 3 months prior to filing."   But the instructions ALSO state you can file up to three months early.    Are they saying physical presence or just residence?   What if we want to travel outside the USA and "early file" the n-400 right after we get back?     We will meet all of the requirements but I am not sure I understand this one?    

 

Maybe I'm paranoid but just because you're paranoid doesn't mean they're not out to get you.

[TBoneTX 43,422]

Thread is moved from General Immigration Discussion to the US Citizenship main forum.

[OldUser 5,085]

@Joe Minero did you live in the state for 3 months? Supported documents would be lease, state driver license etc. You can file 3 months early as long as you pass physical presence test (number of days in the US) and 3 months residency in the state you're filing in.

[Joe Minero 4]

We own a house together and our USA residence hasn't changed.    Maybe I'm stuck on the physical presence requirement implying we must be inside the USA for the three months before we file (early or not).   But I feel better that I'm worried for nothing since we didn't move our residence, just will travel outside the USA during the 3 month window before we file.   If I've got it wrong let me know, because I will be making travel plans based on the presumption that I can arrive inside the USA and file the n-400 without waiting 3 months.  

[OldUser 5,085]

@Joe Minero you don't need to wait 90 days after your international trip to apply for citizenhip, unless you don't pass the physical presence test. Because you pass the physical presence test and haven't moved to new state less than 90 days ago, you should be good to apply.

Just don't apply exactly 90 days early. Apply a week or two later.

[Mike E 11,727]

What was your physical  presence in the past 3 months in your current state of residence?

[Joe Minero 4]

Thanks for the verification OldUser !!   And good advice on the 90 days.  

[Joe Minero 4]

We won't move or changed residences for the time period of her green card.   We will just be traveling to visit her kids in Costa Rica and I want to submit the n-400 a couple weeks after we arrive back in the USA.   I was misapplying the verbiage and In my mind I had incorrectly construed a requirement for physical presence inside the USA for 90 days prior to filing, which I am comfortable now was a needless worry.  

[Mike E 11,727]

How many days in Costa Rica before you file?

[Joe Minero 4]

21 hours ago, Mike E said:

How many days in Costa Rica before you file?

Hi Mike E, Probably a month.  She will easily pass the requirement for presence inside the USA for the three years prior to filing.    Is there a concern I need to be aware of??

[Mike E 11,727]

2 hours ago, Joe Minero said:

Hi Mike E, Probably a month.  She will easily pass the requirement for presence inside the USA for the three years prior to filing.    Is there a concern I need to be aware of??

Of she is spending the majority of the preceding 3 months outside the USA then her claim to have met the 3 month residency requirement seems weak.