trips outside US within 3 months before filing N-400

[lubnajavid 20]

So this came to my mind after i replied to someone elses physical presence question in a different post.

i am a LPR - my early filing date will be coming up dec 4th 2012 (i.e. 5 yrs minus 90 days)

I have full records of my trips outside of the US - no problems there.

I am going through a I-130 for my wife - so i will be making trips to see her in Pakistan, one trip this week and one later in the year...

Thats where my question comes up...

According to the USCIS page below -

"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"

What do they mean by resided? Are they counting physical presence? Should i avoid making any trips outside of the US in the 3 months leading up to dec 4th?

Or do they just mean - dont move states within 3 months of applying?

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

[Imagination 15]

"Show that you have lived for at least 3 months in the state

or USCIS district where you claim residence."

http://www.uscis.gov/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

I would think that means your permanent address should be the same for at least 3 months (so don't change address) but I'm not sure if that also means not to travel within those 3 months?!

[Imagination 15]

Are ‘physical presence’ and ‘continuous residence’ the same thing?

Physical Presence

The total number of days you have been physically in the United States is considered ‘physical presence’. (Adding the number of days you are outside of the United States and subtracting them from the required days you need to be a permanent resident will calculate your ‘physical presence’).

Continuous Residence

The length of each trip you take may be very relevant to deciding whether your residence has been continuous. An absence from the United States can be long enough to interrupt your accrual of time for continuous residence. If that happens, you must start the process over again once you return to the United States. You must accrue the necessary number of days for continuous residence in the United States in order to be able to apply for naturalization. (For example, a trip in which you are absent from the United States for more than 6 months can affect your continuous residence).

Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing, shall break the continuity of residence, unless the applicant can establish that he/she did not in fact abandon his/her residence in the United States during such period.

http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Permanent_Residents_Naturalization.pdf page 51

So from this I can say that If you travel outside for a short period of time within 3 months before applying for citizenship, it would be okay if you can show evidence that "you did not abandon your residence in the US". Which you wouldn't have because you wouldn't have left the US for that long. You can probably show evidence of continuous residence by your mortgage or lease. If you are planning to be away for over a month, I think you would add that time into your filing date. I would rather avoid a trip outside during those 3 months.

Edited March 19, 2012 by Imagination

[freetv 7]

It just means don't move to another state within 3 months of filing. I have no idea why such a law exists... it doesn't make sense considering they don't include it for aos/751/etc etc. Are they really afraid that people will rush to a less busy office to get approved

[warlord 73]

Yes it means living and having proof you are actually not only physically in the same state for that time, but also residing (working, paying bills, owning/renting a place etc.). The opposite would be someone living somewhere else (state or country) and coming back and just visiting the state which doesn't qualify...

[lubnajavid 20]

@freetv and @warlord: OK - does this mean that i should NOT make any trips outside of the US in those 3 months?

I will maintain my residence of course (and job etc) but im referring to trips / physical presence?

[I AM NOT THAT GUY 5,715]

It just means don't move to another state within 3 months of filing. I have no idea why such a law exists... it doesn't make sense considering they don't include it for aos/751/etc etc. Are they really afraid that people will rush to a less busy office to get approved

(B) Determination of Place of Residence .

In order for you to have jurisdiction over the applicant’s N-400, the applicant must have continually resided for a period of 90-days within your district or within your State. The applicant must have established residence in the jurisdiction 90 days prior to filing the application. Please keep in mind that some Service districts have jurisdiction over more than one State and some States contain more than one district office. For example, Wisconsin and Indiana are both within the same Service District. If a n applicant lived in the State of Wisconsin for 45 days, then moved to the State of Indiana for 45 days that applicant will achieve the 90-day jurisdictional requirement upon residing in Indiana for 45 days. Likewise, if an applicant resided for 45 days in the New York City district and moved to the Buffalo district, upon the completion of 45 more days of residency in the Buffalo district that applicant will achieve the 90-day jurisdictional requirement because both districts are within the same State. See section 316(a) and section 319(a) of the Act, 8 CFR 316.2(5), 8 CFR 100.4, and 8 CFR 334.2(b).

An applicant’s residence is defined as “the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent” (see section 101(a)(33) of the Act). For naturalization purposes, the applicant’s residence is the same as his or her domicile, or principal actual dwelling place, without regard to the applicant’s intent. The duration of an alien’s residence in a particular location is measured from the moment the alien first establishes res idence in that location. (See 8 CFR 316.5(a)) The applicant’s present residence, not the present temporary abode, will determine whether you have jurisdiction over the application.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-23223/0-0-0-23319/0-0-0-24381.html

Edited March 20, 2012 by ☼

[freetv 7]

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-23223/0-0-0-23319/0-0-0-24381.html

Ah, so it is all about legal standing and not based on anything practical (makes sense).

To the OP, you can travel during that time as long as you are not gone for more than 6 months, keep a house etc in the state, and don't max out your physical time outside the u.s. (it is 50% of the 5 years for you).

Edited March 20, 2012 by freetv

[lubnajavid 20]

thanks to you both for your answers