Travelling while applying for citizenship

[Jack and Barbara 0]

My wife (PR, came on K-1 fiancee visa) is visiting her family abroad and might stay for a few months before returning.

She is eligible for naturalization just recently so I want to get the ball started on that, preferably before she came back. I was thinking of timing sending her N-400 application so that her biometric appointment would be right after she got back. timing is important because she might spend time with her family in her original country after the biometric appointment.

I understand she would need to come back for interview and oath, which would likely be when she stays here for good.

A question I have is, even though both trips to her original country are less than 6 months (and the 180 day continuous presence test would not be an issue), would there be any other issues with her traveling back and forth (such as during her interview)?

Ideally, she would be here during those 3-4 months from biometric to oath, but that might not happen, so any advice is appreciated!

Regards,

Jack

[nwctzn 55]

First of all, if you are going to apply while she is abroad, make sure that she signs the N-400 form. She could sign the form and send it to you. You will not be able to sign the form for her.

The trips should not be a problem since she is married to you, has ties to the US, preserving her residence etc. and is just visiting family over there.

Make sure that besides the continuous residence (no trips more than 180 days) she also satisfies the physical presence requirement (18 months in the US if applying based on marriage to a US citizen).

Other than this, she could travel after the application before the interview etc. She just needs to make sure to update her travel information with the interviewing officer when the officer goes over her N-400 application; i.e., during the interview, she needs to report the trips she has taken after she has filed for N-400.

Best of luck!

Edited February 8, 2012 by nwctzn

[Ree 9]

I am just wondering If you are thinking to send her N-400 while she is out of the country, what are you planning to write in N-400 about her trips? I mean that question in the application about the trips she had taken, as well as the numbers of the days she had been out of the county. How do you guy plan to count her current trip if she is still on that trip?

[nwctzn 55]

I am just wondering If you are thinking to send her N-400 while she is out of the country, what are you planning to write in N-400 about her trips? I mean that question in the application about the trips she had taken, as well as the numbers of the days she had been out of the county. How do you guy plan to count her current trip if she is still on that trip?

Great catch! Did really not think about that. Must be getting late for me. I call it the day!

[wackodacko 0]

I am just wondering If you are thinking to send her N-400 while she is out of the country, what are you planning to write in N-400 about her trips? I mean that question in the application about the trips she had taken, as well as the numbers of the days she had been out of the county. How do you guy plan to count her current trip if she is still on that trip?

if she just left a few days or a week or so ago, you can date the application on the day she left. my husband filled out all his forms and signed and dated it a good 2 or 3 weeks before we actually mailed it in (because we were waiting for the marriage certificate copy from overseas, and when that came - we didnt want to have to print out the page and sign it again just to change a date)

[warlord 73]

A question I have is, even though both trips to her original country are less than 6 months (and the 180 day continuous presence test would not be an issue), would there be any other issues with her traveling back and forth (such as during her interview)?

Depends are her trips taken right after each other (say gone 5 months, return for a few weeks and then gone for another 6 months or so)? If so that can have a big impact. Is there only 2 trips like this for this long of a duration each that she's taken during her PR status? Or has she been taking these long extended trips all throughout being a PR?

Also what is the nature of her trips? Are they strictly just seeing family or is she working at all? That can be another big factor for the interviewer to determine if she was maintaining US residency...

So it all depends on a variety of things right now.

[Jack and Barbara 0]

Depends are her trips taken right after each other (say gone 5 months, return for a few weeks and then gone for another 6 months or so)? If so that can have a big impact. Is there only 2 trips like this for this long of a duration each that she's taken during her PR status? Or has she been taking these long extended trips all throughout being a PR?

Also what is the nature of her trips? Are they strictly just seeing family or is she working at all? That can be another big factor for the interviewer to determine if she was maintaining US residency...

So it all depends on a variety of things right now.

Good points. Right now is her first trip of up to 6 months, potentially followed by another. Purpose is to visit family, no work involved. Any other travel for the last 3+ years has been about 2-3 weeks 1-2 per year.

During the interview itself, does the interviewer review the dates on the package or dates up until the interview?

[Jack and Barbara 0]

I am just wondering If you are thinking to send her N-400 while she is out of the country, what are you planning to write in N-400 about her trips? I mean that question in the application about the trips she had taken, as well as the numbers of the days she had been out of the county. How do you guy plan to count her current trip if she is still on that trip?

I'm assuming the current trip could be listed as from such and such date until present...

[nwctzn 55]

I'm assuming the current trip could be listed as from such and such date until present...

On the form you will enter the date she entered/enters the US. You cannot write "present" or the present date as the date entered US since it is a false statement and USCIS will definitely grill you on that. I would not complicate things and wait until she is back from her current trip. Believe me, it will save you time, money and headaches if you apply once she is back.

Edited February 8, 2012 by nwctzn

[Jack and Barbara 0]

On the form you will enter the date she entered/enters the US. You cannot write "present" or the present date as the date entered US since it is a false statement and USCIS will definitely grill you on that. I would not complicate things and wait until she is back from her current trip. Believe me, it will save you time, money and headaches if you apply once she is back.

I agree that it is better ("safer") to wait until she is back but I'd like to hear from anyone (if available) who might have submitted it while traveling.

[nwctzn 55]

I agree that it is better ("safer") to wait until she is back but I'd like to hear from anyone (if available) who might have submitted it while traveling.

Yeah, for the current trip, you could leave the "Date Returned to US" blank or fill in N/A and as you said count the days until the filing day. And during the interview your wife can inform the officer about the exact date she returned so that the day count gets updated as well.

Maybe there is a fellow VJer who did this. But just to repeat my two cents (maybe I am overly cautious), I would wait until she returns.

Please let us know how it goes since this would shed a lot of light to anyone in the same situation.

[warlord 73]

Good points. Right now is her first trip of up to 6 months, potentially followed by another.

Well it's good she's not working and such and maintaining US residency, but back to back long trips like that really could reset her clock. To properly do that, she should go for how many months she wants to and make sure she's not breaking continuous residency, then wait another year and go on the next extended trip. Otherwise her clock might be reset if she goes for say 4-8 months, comes back for a short time and goes back again for 4-8 months...

[Jack and Barbara 0]

Well it's good she's not working and such and maintaining US residency, but back to back long trips like that really could reset her clock. To properly do that, she should go for how many months she wants to and make sure she's not breaking continuous residency, then wait another year and go on the next extended trip. Otherwise her clock might be reset if she goes for say 4-8 months, comes back for a short time and goes back again for 4-8 months...

well, when you say it could reset her clock, I'm not sure I'm following. My understanding is that PRs are allowed to travel for up to 6 months at a time without issue, assuming the other conditions of maintaining physical presence 180 days out of preceding 3 years in the US are met (which will still be upheld).

[nwctzn 55]

well, when you say it could reset her clock, I'm not sure I'm following. My understanding is that PRs are allowed to travel for up to 6 months at a time without issue, assuming the other conditions of maintaining physical presence 180 days out of preceding 3 years in the US are met (which will still be upheld).

I don't think that your wife's clock will be reset. However, she might be questioned why she has back-to-back long trips close to 6 months each.

Edited February 9, 2012 by nwctzn

[Jack and Barbara 0]

I don't think that your wife's clock will be reset. However, she might be questioned why she has back-to-back long trips close to 6 months each.

right, hopefully visitng her family back to back is not an issue. After all, she is a PR, has met all reuirements, and pays taxes...