n400 continuous residence feedback

[elmsh 13]

Hi everyone! Im trying to get some feedback from anyone who has experience or anyone  who knows something about my concern.

 

I have my n400 interview next week based on 3yr marriage to US citizen and I just came back from an 9 month out of the country vacation when I applied last May.

 

I know that more than 6 months out of the country may break the continuous residence thats why before the 6 month of my travel I went to Guam (its closer to Asia than going back here) as it is a US territory. then I went back to asia after 4 days in Guam and went back to US last April. So thats from Aug 2022 - April 2023 with an exit to Guam before the 6 month.

 

Technically, I didnt break the continuous residence if going to Guam is considered as going back to the US too.

 

Or does this jeopardize my application? Thanks for your feedback in advance.

[Crazy Cat 39,313]

@Mike E knows this stuff.  

[Lil bear 3,833]

20 minutes ago, elmsh said:

Hi everyone! Im trying to get some feedback from anyone who has experience or anyone  who knows something about my concern.

 

I have my n400 interview next week based on 3yr marriage to US citizen and I just came back from an 9 month out of the country vacation when I applied last May.

 

I know that more than 6 months out of the country may break the continuous residence thats why before the 6 month of my travel I went to Guam (its closer to Asia than going back here) as it is a US territory. then I went back to asia after 4 days in Guam and went back to US last April. So thats from Aug 2022 - April 2023 with an exit to Guam before the 6 month.

 

Technically, I didnt break the continuous residence if going to Guam is considered as going back to the US too.

 

Or does this jeopardize my application? Thanks for your feedback in advance.

Its not only judgement on if you met the technical requirement.. but it is also evaluated on perceived intent .. big risk that your 4 day trip might be seen as seeking to avoid the reality of your situation.. which it was.. you visited not lived in Guam.. IMO it’s shaky ground.  I would need looking to see if you have other evidence of not having abandoned your US residency .. 

 

 

[elmsh 13]

14 minutes ago, Lil bear said:

Its not only judgement on if you met the technical requirement.. but it is also evaluated on perceived intent .. big risk that your 4 day trip might be seen as seeking to avoid the reality of your situation.. which it was.. you visited not lived in Guam.. IMO it’s shaky ground.  I would need looking to see if you have other evidence of not having abandoned your US residency .. 

 

 

Thank you for your input! I only have 3 yrs tax transcripts and bank records while away. I am a stay at home mom and my husband is retired already. Do you know what kind of documents to prove that i did not work abroad?

[Mike E 11,723]

43 minutes ago, elmsh said:

 

 

I have my n400 interview next week based on 3yr marriage to US citizen and I just came back from an 9 month

1. Where was your spouse during these 9 months?

43 minutes ago, elmsh said:

I applied last May.

2. And were you inside the US when you applied?

43 minutes ago, elmsh said:

I know that more than 6 months out of the country may break the continuous residence thats why before the 6 month of my travel I went to Guam (its closer to Asia than going back here) as it is a US territory. then I went back to asia after 4 days in Guam and went back to US last April. So thats from Aug 2022 - April 2023 with an exit to Guam before the 6 month.

You were in the U.S. less than 3 months and filed N-400. I am concerned if you satisfied the 3 month residency requirement.
 

3.  For the 3 months leading up to filing N-400, how days were you physically in the U.S.?

 

43 minutes ago, elmsh said:

Or does this jeopardize my application? Thanks for your feedback in advance.

4. Did you have a dwelling in U.S. while you were gone, as evidenced by a lease, mortgage, and/or deed?

[elmsh 13]

@Mike E thanks for the reply. here are the answers:

 

1. He was with me the whole travel time.

2. Yes. 

3. Ive been back here in the US for a month before I applied for citizenship. We were based in NY. To my understanding the 3 month residency reqt prior to filing is if you have resided in the jurisdiction handling your case for 3 months? pls correct me if i'm wrong.

4. No. We also sold our minivan prior to the travel bec it was already having issues just after one year of buying it and we also thought it could save us some money by not having to pay for the car and insurance. In retrospect, we should have kept it.

 

So now the only proof that i have reallt are tax transcript for 3 years and bank records.

[elmsh 13]

@Lil bear i didnt even think about it in that perspective. ofcourse the IO would think that way because thats what they are trained to do to see through applicants. In my mind my intent is to show that i have the intention of not abandoning my residency by not being out of the US for more than 6 months. 

 

[OldUser 4,872]

14 minutes ago, elmsh said:

4. No. We also sold our minivan prior to the travel bec it was already having issues just after one year of buying it and we also thought it could save us some money by not having to pay for the car and insurance. In retrospect, we should have kept it.

 

So now the only proof that i have reallt are tax transcript for 3 years and bank records.

This hurts your case, unfortunately. I would consult with attorney to see if this N-400 should be kept or withdrawn.

 

Petition under 3 year rule typically results in more checks by USCIS since they need to establish more facts, including you and sponsor USC living in marital union.

Edited September 6, 2023 by OldUser

[Lil bear 3,833]

8 minutes ago, elmsh said:

@Lil bear i didnt even think about it in that perspective. ofcourse the IO would think that way because thats what they are trained to do to see through applicants. In my mind my intent is to show that i have the intention of not abandoning my residency by not being out of the US for more than 6 months. 

 

Unfortunately it’s going to be a challenge probably to do so . As I said, its not just the technical meeting of the rule.  Visiting Guam isn’t the same as returning to your residential domicile and living life there..  No no one knows what your IO will decide unfortunately  .. No lawyer or us or you .. if denied you can apply in a few years after this travel period is no longer on your 5 year history.. your money is gone either way .. withdrawal or denial. 

Edited September 6, 2023 by Lil bear

[Mike E 11,723]

IMHO you not satisfy the 3 month residency rule and for that reason, I expect your N-400 to be denied. Had you kept  a dwelling for those 9 months,  you might have had a (flimsy IMHO) argument for 3 month residency. Keeping the residence would have also mitigated the concerns @Lil bear raises.

 

1. Before you left the U.S. for 9 months, what physical address did you list in the AR-11 after you terminated your lease / sold your home?

 

2. For the 3 months prior to filing N-400, were you in any single country for more days than you were in the U.S.?

[elmsh 13]

@Mike E We were living in NY for almost 4 yrs before the trip and went back after then applied the citizenship. Thats why I said I believe I am compliant with 3month rule. 

 

1. We kept a PO Box and thats what was our mailing address during the trip. 

 

2. Yes. We were in PH from Feb. to April. 

[OldUser 4,872]

14 minutes ago, elmsh said:

1. We kept a PO Box and thats what was our mailing address during the trip. 

 

Mailing address and physical address are different things. @Mike E asked about physical address. After moving out of your physical address you needed to file AR-11 within 10 days.

 

Terminating lease and selling assets (minivan), then going outside of US can be viewed as breaking your permanent residency.

Edited September 6, 2023 by OldUser

[OldUser 4,872]

13 minutes ago, OldUser said:

then going outside of US can be viewed as breaking your permanent residency.

I reread the original message. Correction: it could be viewed as you changing the jurisdiction. I don't think you can safely say you remained a NY resident.

[Mike E 11,723]

41 minutes ago, elmsh said:

@Mike E We were living in NY for almost 4 yrs before the trip and went back after then applied the citizenship. Thats why I said I believe I am compliant with 3month rule. 

 

1. We kept a PO Box and thats what was our mailing address during the trip.

1. And your physical address on AR-11 was?

 

2. What physical address did you list on N-400 for those 9 months?

41 minutes ago, elmsh said:

2. Yes. We were in PH from Feb. to April. 

So more days were spent in PH than US. So I do not think  you were a resident of your state. 

[elmsh 13]

@Mike E I guess its a no way out for me starting from 3 month residency rule then the break in continuous residency.

 

I'll attend the interview not expecting anything.

 

Thanks everyone for your feedback! it really gave me so much information about n400. It will be very helpful when I reapply.