traveling out of USA prior to filing N400

[nina1304 0]

Hello everyone,

I am married to a us citizen for more than 3 years, have already been physically present in the USA for more than 18 months (as required at least half of 3 years) since i got my green card, never stayed out of the USA for 6 months on one trip. My husband and I always file joint tax- return.

I have a toddler son (less than five years old) who is permanent resident and newborn who is a US citizen.

I will be eligible to apply for naturalization in june next year.

I plan on traveling out of the USA for the next months, with each period not exceeding 5months and half.

I have some few questions:

- Do i need to be in the USA when filing? can I file from abroad and just come to the USA for the fingerprints and interview/Oath? can i postpone the fingerprints appointment?

- If i file my N400 in march, 3 months before (march 2010) my 3 years GC in june 2010, and everything goes well, depending it takes 6 months. will I be a citizen by august 2010? what will i need to do when filing?

- when filing, how can i introduce my toddler son (less than five years old) who is a permanent resident? how can he become a US citizen? should i first wait to become us citizen before filing for him?What is the process?

His permanent resident card will expire in august. Will I need to apply for another green card for him even though he will become a citizen two weeks later after his green card expires? will he need to be in the USA when filing his citizenship or can he just come later?

[warlord 73]

Hello everyone,

I am married to a us citizen for more than 3 years, have already been physically present in the USA for more than 18 months (as required at least half of 3 years) since i got my green card, never stayed out of the USA for 6 months on one trip. My husband and I always file joint tax- return.

I have a toddler son (less than five years old) who is permanent resident and newborn who is a US citizen.

I will be eligible to apply for naturalization in june next year.

I plan on traveling out of the USA for the next months, with each period not exceeding 5months and half.

I have some few questions:

- Do i need to be in the USA when filing? can I file from abroad and just come to the USA for the fingerprints and interview/Oath? can i postpone the fingerprints appointment?

- If i file my N400 in march, 3 months before (march 2010) my 3 years GC in june 2010, and everything goes well, depending it takes 6 months. will I be a citizen by august 2010? what will i need to do when filing?

- when filing, how can i introduce my toddler son (less than five years old) who is a permanent resident? how can he become a US citizen? should i first wait to become us citizen before filing for him?What is the process?

His permanent resident card will expire in august. Will I need to apply for another green card for him even though he will become a citizen two weeks later after his green card expires? will he need to be in the USA when filing his citizenship or can he just come later?

Remember to maintain US residency and not make it seem you are just comming back to the US briefly between trips as that won't count. Also remember you still have to meet all residency requirement up and to the day of the Oath ceremony.

You most definaly need to be present in the US during the process with maybe a small short trip out as you will be called in for finger prints and interviews. Sometimes with very short or little notice. Most people choose not to leave after applying for the N-400 unless it's an emergency. Fingerprints and interview you need to be present, postponing things is never a good idea and in fact very rarely will they do that for these too things (more common for the oath). If you are already thinking of maybe post poning these things, then maybe the N-400 isn't quite for you or you may need to do your travels then when you are back living and residing in the US permenatly then maybe you should file.

It just seems like your vacations are more like trips to live in another country and just come back to try and pretend you are maintaining US residency which the IO's will notice at the interview and quite possibly deny you anyways.

You do not file 3 months before your date, you file up to 90 days before your 3 year anniversery PR date assuming you can still demonstrate you and your spouse are still living together and married and show no signs of being apart in these 3 years. Citizenship is different for every individual. Some take years others months. Depends on how strong your application is (these trips might bring you some problems by how you are describing them). There is no time frame when you would get your citizenship if you passed the interview. Months or longer, there are too many things to depend on.

I believe your son would be a citizen when you become one. If say your trips show you are actually living abroad and not travelling on a vacation and you get denied the N-400 and are placed in removal proceedings for abandonment of the Green Card, they your son depending on if he was with you or in the US while you were gone may or may not be deported too if that were to happen. Is your whole family going on these "trips" or just you?

[john_and_marlene 162]

Will you still have been physically present in the U.S. for more than half of your total time of residence by the time of the interview? It's not enough to just log 18 months because you have been married for 3 years. At the time of the interview you must be able to show that you have spent at least half of your time of residence in the U.S.

For instance if you have been a resident for 4 years by the time of the interview, you will have to show at least 24 months in the U.S.

You are eligible to apply at 3 years because you are married to a USC, but when figuring physical presence, you have to show that you spend at least half of your time in the U.S.--not just half of the first 3 years.

Edited October 15, 2009 by john_and_marlene

[Jack and Barbara 0]

Will you still have been physically present in the U.S. for more than half of your total time of residence by the time of the interview? It's not enough to just log 18 months because you have been married for 3 years. At the time of the interview you must be able to show that you have spent at least half of your time of residence in the U.S.

For instance if you have been a resident for 4 years by the time of the interview, you will have to show at least 24 months in the U.S.

You are eligible to apply at 3 years because you are married to a USC, but when figuring physical presence, you have to show that you spend at least half of your time in the U.S.--not just half of the first 3 years.

My understanding is that if you are married to a USC, then you do not have to prove that you have spent half of your time in the US, only the 180 days out of the last 3 years, is this correct?

Also, wouldn't passport stamps be the proof that you have met physical presence requirements?