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twilighthorse

N400 3 months residency? Does travel abroad reset the counter?

By twilighthorse in US Citizenship General Discussion

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twilighthorse Newbie

twilighthorse   1

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I am going to be applying for N400 based on 3 years residency to US spouse and we are still married.

 

We have been residing continuously in the same state/address and can prove it with documentation/bills/rental contract etc. I have met all the number of days requirement etc.

I have taken a trip abroad of approx 2 months and am returning to the US. On my return I want to file N-400 straight away. 

 

However my lawyer is saying I will need to wait for 3 months before I can file. They are citing this:

"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 (See 8 CFR §316.2(a)(5) & §319.1(a)(5))."

 

Is this correct? I am residing in the same district/state but I have just traveled abroad for a short visit. Do I need to wait for 3 months before I can apply? I would like to apply as soon as I am back in the US/sooner rather than later to get the process started.

 

Thank you

 

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Timona Experienced

Timona   3,941

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Filed: Citizen (apr) Country: Kenya
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File. Attorney's wrong 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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