Traveling and time period after N-400

[mugs 0]

After filing the N-400 is it required that one does not travel outof the country? My wife can apply in October of 2010 but then may need to travel to China to see her parents for a few months in the six month time period following. We're not sure when but we wanted to plan for any eventualities.

So after filing are you pretty much locked in to a specified time period (though you may not know the exact times) for the biometrics, interview, and then ceremony?

In the case of filing the N-400...Is it something that can be put on hold?

We were also thinking that maybe she should wait and go out of the country if she has to and then file the N-400 the following year.

Thanks for your help!

[Stella08 0]

You are allowed to leave the country. But usually you get fingerprinted about a month after filing and the interview takes place a few month after filing (depending on the District Office and your case). Of course you can postpone appointments but you want to avoid doing that. Especially, if you don't receive the invitations from USCIS in time and you don't have time to reschedule, USCIS might consider your case abandoned.

So, if you're planning on being gone for an extended period of time (and not just a week or two), I would recommend waiting to come back before you file your N-400. Just because you're eligible to file for citizenship doesn't mean you have to, especially when the timing is bad.

[warlord 73]

You are allowed to leave the country. But usually you get fingerprinted about a month after filing and the interview takes place a few month after filing (depending on the District Office and your case). Of course you can postpone appointments but you want to avoid doing that. Especially, if you don't receive the invitations from USCIS in time and you don't have time to reschedule, USCIS might consider your case abandoned.

So, if you're planning on being gone for an extended period of time (and not just a week or two), I would recommend waiting to come back before you file your N-400. Just because you're eligible to file for citizenship doesn't mean you have to, especially when the timing is bad.

On top of that, any absence out of the US still counts against your continous residency. So she'll need to make sure she still satisfies that if she's going to be away that long.

I agree it's best to wait until she's back or postpone the trip until after she gets her oath and US passport...

[mugs 0]

You are allowed to leave the country. But usually you get fingerprinted about a month after filing and the interview takes place a few month after filing (depending on the District Office and your case). Of course you can postpone appointments but you want to avoid doing that. Especially, if you don't receive the invitations from USCIS in time and you don't have time to reschedule, USCIS might consider your case abandoned.

So, if you're planning on being gone for an extended period of time (and not just a week or two), I would recommend waiting to come back before you file your N-400. Just because you're eligible to file for citizenship doesn't mean you have to, especially when the timing is bad.

On top of that, any absence out of the US still counts against your continous residency. So she'll need to make sure she still satisfies that if she's going to be away that long.

I agree it's best to wait until she's back or postpone the trip until after she gets her oath and US passport...

O.K. Thanks. And after that I guess we just have to make sure she doesn't leave for more than six months right?

[jasminelily 1]

You are allowed to leave the country. But usually you get fingerprinted about a month after filing and the interview takes place a few month after filing (depending on the District Office and your case). Of course you can postpone appointments but you want to avoid doing that. Especially, if you don't receive the invitations from USCIS in time and you don't have time to reschedule, USCIS might consider your case abandoned.

So, if you're planning on being gone for an extended period of time (and not just a week or two), I would recommend waiting to come back before you file your N-400. Just because you're eligible to file for citizenship doesn't mean you have to, especially when the timing is bad.

On top of that, any absence out of the US still counts against your continous residency. So she'll need to make sure she still satisfies that if she's going to be away that long.

I agree it's best to wait until she's back or postpone the trip until after she gets her oath and US passport...

O.K. Thanks. And after that I guess we just have to make sure she doesn't leave for more than six months right?

If planning to leave more than 6 months, it's safer to apply re-entry permit, that make sure she won't have any problem at the "port of entry". There are recent posts saying that ladies travel alone gets more security check than couple travelling together.

[Stella08 0]

If you leave the country for more than six months at a time, you have to be able to proof that you didn't break continious residency.

[warlord 73]

If you leave the country for more than six months at a time, you have to be able to proof that you didn't break continious residency.

The 6 months thing isn't a hardend law. If the INS finds out you were gone for 3 months and didn't maintain US residency (like work over seas etc) and you didnt' meet your total number of days in the US requirement since the Green Card they can deny you then as well.

The 6 months thing is just a guideline that people just go buy. It is not a automatic cut off that if you're gone 5 months and 30 days that you are deemed safe and don't have to worry.

People have been denied being out 2 months before. It will all depend on the nature of the trip, the residency ties you have to the US, total time since the Green Card out of the US etc.

[mugs 0]

If you leave the country for more than six months at a time, you have to be able to proof that you didn't break continious residency.

The 6 months thing isn't a hardend law. If the INS finds out you were gone for 3 months and didn't maintain US residency (like work over seas etc) and you didnt' meet your total number of days in the US requirement since the Green Card they can deny you then as well.

The 6 months thing is just a guideline that people just go buy. It is not a automatic cut off that if you're gone 5 months and 30 days that you are deemed safe and don't have to worry.

People have been denied being out 2 months before. It will all depend on the nature of the trip, the residency ties you have to the US, total time since the Green Card out of the US etc.

Thanks, that's a good point. I see that the main thing is that they want to see not only continuous residency but also the spirit of it.

[Stella08 0]

Well, of course you also have to have spent at least half of the past five (or three) years in the United States. And as always, if the IO thinks you've abandoned your residency, then you're out of luck.

[warlord 73]

Well, of course you also have to have spent at least half of the past five (or three) years in the United States. And as always, if the IO thinks you've abandoned your residency, then you're out of luck.

I wouldn't quite say out of luck, but you would probably have to really work hard gathering all the evidence you can to convince them that you didn't break your residency.

The general rule with the 6 months is under the IO has to prove you broke your residency, after 6 months away its on you to prove that you didn't. That's where people get the 6 months thing mixed up with thinking you're safe if you're away for 6 months or less...

[I Miss Her 0]

After filing the N-400 is it required that one does not travel outof the country? My wife can apply in October of 2010 but then may need to travel to China to see her parents for a few months in the six month time period following. We're not sure when but we wanted to plan for any eventualities.

So after filing are you pretty much locked in to a specified time period (though you may not know the exact times) for the biometrics, interview, and then ceremony?

In the case of filing the N-400...Is it something that can be put on hold?

We were also thinking that maybe she should wait and go out of the country if she has to and then file the N-400 the following year.

Thanks for your help!

I posted this info for someone for another query……….

Home > Services & Benefits > Citizenship

General Naturalization Requirements (source: www.uscis.gov)

Residence and Physical Presence:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1. has been lawfully admitted for permanent residence

2. has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

3. has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months

Other source is: M-476, A Guide to Naturalization

http://www.uscis.gov/files/article/M-476.pdf

Edited April 5, 2009 by I Miss Her