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