Citizenship issues

[HumanUnit 0]

Hi everyone!! Hope you're doing well!! I posted here a few months ago when we were getting a green card for my husband.

I have a kind of dumb question about citizenship that I can't seem to find the answer for on the USCIS website. If there are any sources that would answer my question, please point me there as I don't expect you all to do the work for me! But here it is: I know we have to live here continuously for three years for him to be able to apply for citizenship. But once the application is filed, is it problematic if we move back to Canada while it's processing? It just may have to happen that way because of work considerations. I can't tell if you must be living in the U.S. at the time you're applying for citizenship, even though you've met the three year residency requirement. Does anyone know?

Also, if we have to stay during processing, it seems from other people's timelines that it takes about 4-5 months from filing to the oath. Is this correct? Thanks so much!

[Mononoke28 135]

I'm not sure about the residency requirements but I do know that it takes between 5-6 months to process the Naturalization forms. At least, that's how long it took me.

[Sweetgirl 0]

Hi Humanunit,

You can't leave the country after the filing N-400 i know that for sure and heard about it many times.If you leave the country and then they found out about that they gonna deny your application.Thats why everyone else is trying to go out to their home country before the N-400 filing.I ma not sure whats the excact reasons are ,but they gonna deny or delay the N-400 processing big time.

I dont know where to refer you ,but ive talked to several people about it as they were trying to do the same thing as you do,but then they found out its not a good idea as the USCIS against it.There should be written something about it in USCIS website.

www.uscis.gov

Also one of our members here HENIA was posting something like that.She went to her home country after filing the N-400 and has been denied an then she had to refile again. Search the US Citizenship General Discussion forum and find her posts here.

Best Wishes.

Sincerely.

[zyggy 9]

Can't do it... you have to be a resident of your District for 90 days in order to take the oath..The rules in regards to breaking the chain of continuous residence also apply... If you're out of the US for more than 6 months, the chain of continuous residence breaks and you have to start over again...

So you'll have to wait until you take the oath before you move...

Edited February 13, 2007 by zyggy

[raymaga 25]

I will be applying for citizenship in September, and now I am VERY worried!!!

Am I not going to be able to travel to Canada (weekends, vacations, visiting my sons, etc) after I file my naturalization application? I have never read that anywhere. I can understand not being able to live out of the U.S..... but not even travel for short periods outside the U.S.

Is this, in fact, true?

[john_and_marlene 162]

If by "move back to Canada" you mean that you will make that your domicile, you would be abandoning your permanent resident status in the U.S. and would no longer qualify for naturalization. There's no minimum absence that triggers this. If you make your domicile outside the U.S., with some exceptions depending on employer/work/etc, then you abandon your status as a resident.

[Sweetgirl 0]

I will be applying for citizenship in September, and now I am VERY worried!!!

Am I not going to be able to travel to Canada (weekends, vacations, visiting my sons, etc) after I file my naturalization application? I have never read that anywhere. I can understand not being able to live out of the U.S..... but not even travel for short periods outside the U.S.

Is this, in fact, true?

Hi Raymada,

Nope,you shouldn;t travel anywhere after filing the N-400 . No short trips or anything. Don't worry you can handle that,its just takes 5-6 month to process the N-400 as almost everyone indicating here,so its not along time at all. I'll give you myself as an example as for me i haven't visited my home country for almost 4 years already ,didnt take any trips outside the U.S anywhere at all,the last time i've seen my mom was 2 years ago,she came over to visit us for Christmas. I don't miss my home country very much anyways,but i have my dear parents there and my best girlfriends-friends i havent seen for 4 years that i miss .

Best wishes.

[warlord 73]

I submitted my N-400 in late Oct, and have my Oath next week (Mid Feb), I would have been sworn in at the begninning of Jan during my interview, but it was a week too early (a week before my official 3 years), so with that mine took 4 months. If my interview was a week later it would have been 2.5 months.

You're allowed to travel, just not live. N-400 can take well up to a year to process. It all depends on where you live, your situation, whose doing it etc. So there is no time limit. You just have to document how long you've been away for. I have never heard anything ever about not being able to leave the country at all unless it was when you submitted your AOS and were waiting to get your AP.

Even during my interview he just wanted to know how long I've been out of the country total from since I became a PR. The N-400 nor the oath that I've ever seen states you can't not leave the country on vacation. It just states you need to inform them if you've been out of the country for more then 6 months at one time...

[Henia 11]

Hi Humanunit,

You can't leave the country after the filing N-400 i know that for sure and heard about it many times.If you leave the country and then they found out about that they gonna deny your application.Thats why everyone else is trying to go out to their home country before the N-400 filing.I ma not sure whats the excact reasons are ,but they gonna deny or delay the N-400 processing big time.

I dont know where to refer you ,but ive talked to several people about it as they were trying to do the same thing as you do,but then they found out its not a good idea as the USCIS against it.There should be written something about it in USCIS website.

www.uscis.gov

Also one of our members here HENIA was posting something like that.She went to her home country after filing the N-400 and has been denied an then she had to refile again. Search the US Citizenship General Discussion forum and find her posts here.

Best Wishes.

Sincerely.

Hello HUmanunit

Yes as sweetgirl stated I was denied the first time (but approved the second time) My case was denied on the basis that they sent NOA for my biometrics which I did not receieved. (And did not even know that they would be sending any NOAs until maybe 6months after me applying. People told me last year the N-400 would be approved 1-1.5 years.... which is totally false...not the current timeframe at all.) And since I did not recieve the NOA for the biometrics, I did not show up to the appointment... I went out of the country thinking it would be 6 more months until they even touch my case.

I came back and found a denial letter in the mail....mind you by then about 6 months had passed.... saying they denied me on the grounds I failed to show up for the required biometrics.

My case was all due to the NOA being lost in the mail and me (before VJ) just simply not knowing what to except and what to watch for. Thank Goodness I found VJ and all the great ppl here who helped me.

I see no reason why you could not go outside of the USA, keeping in mind you cannot stay out more then the 6months and you are in the US for all your appointments with INS.

Note: You should also have a person here in the US to handle all your mail (NOAs) if they send you some.

And/or make an account on the online gov website... I had checked mine there and it seemed to work (2nd time)

Also the general timeframe is that you send in the app, within a month of the receipt date you should be getting a biometrics appointment. The interview is generally 2-3months after the biometrics. (Mine the second time went much much faster...I am not sure why but I feel lucky)

If you are out of the country while you get any NOA, you can always reschedule, but keep in mind this lengthens your wait time. And when you reschedule, better to write a letter explaining why you need another date, and good to include a copy of your ticket to ensure you get the right date, otherwise they will just reschule you for the next availilble...not what you want.

I hope that helps.

[Michaela_Hassan 1]

I will be applying for citizenship in September, and now I am VERY worried!!!

Am I not going to be able to travel to Canada (weekends, vacations, visiting my sons, etc) after I file my naturalization application? I have never read that anywhere. I can understand not being able to live out of the U.S..... but not even travel for short periods outside the U.S.

Is this, in fact, true?

No that fact is false, I applied for citizenship in August 05 and travelled to Morocco in Nov 05 and March 06 all while my petition wasn't approved yet. When I had my swearing in ceremony they asked if I had left the country and I told them yes, so they just wrote down the dates of the trip and to where and proceeded with the swearing in. A visit is not a problem at all you just have to disclose it.

Michaela

[HumanUnit 0]

Thanks all!! I knew you guys would have an answer for me! It's not a huge inconvenience to wait until the oath is taken or anything, it just would have been "easier" to move home in the fall as opposed to the winter. Now I know to stay put!

Again, thank you!