Moving out of country while N400 pending?

[ajhigh 2]

Hi everyone,

I applied for removal of conditions on Green Card in June 2016, and have the letter saying it's been processed. I will be eligible to apply for citizenship in June 2017.

However, my husband and I are thinking about moving back to my home country in January 2018.

As best I can tell, my naturalization is unlikely to have been completed by January 2018 if I submit in June 2017 - I'm in Chicago, and I believe they are currently processing March 2016 applications as of November 2016.

I've tried to figure out whether it's possible to leave the country before I become a citizen, but I'm having trouble. Do any of the experts here know the answer?

To recap: will have been on a spouse GC for 3 years in September 2017 - so eligible to file for citizenship 90 days before that, June 2017. Hoping to leave the country (depending on job offers) in January 2018. Is this possible?

I would, of course, pay whatever I need to to fly back for both the interview and the naturalization ceremony. More concerned with whether I'm eligible, and what to do in terms of a mailing address for correspondence.

Thanks in advance!

[Unlockable 7,314]

Not likely. Do not make the move out of the country until after you are sworn in.

[JimmyHou 611]

Hi everyone,

I applied for removal of conditions on Green Card in June 2016, and have the letter saying it's been processed. I will be eligible to apply for citizenship in June 2017.

However, my husband and I are thinking about moving back to my home country in January 2018.

As best I can tell, my naturalization is unlikely to have been completed by January 2018 if I submit in June 2017 - I'm in Chicago, and I believe they are currently processing March 2016 applications as of November 2016.

I've tried to figure out whether it's possible to leave the country before I become a citizen, but I'm having trouble. Do any of the experts here know the answer?

To recap: will have been on a spouse GC for 3 years in September 2017 - so eligible to file for citizenship 90 days before that, June 2017. Hoping to leave the country (depending on job offers) in January 2018. Is this possible?

I would, of course, pay whatever I need to to fly back for both the interview and the naturalization ceremony. More concerned with whether I'm eligible, and what to do in terms of a mailing address for correspondence.

Thanks in advance!

Moving away will break your continuous residency, meaning you will no longer be eligible for naturalization.

Furthermore, moving away permanently can be an indication that you have abandoned your permanent residency.

So if you move away before naturalization, you will not be able to become a citizen, but you may also lose your green card.

[ajhigh 2]

Moving away will break your continuous residency, meaning you will no longer be eligible for naturalization.

Furthermore, moving away permanently can be an indication that you have abandoned your permanent residency.

So if you move away before naturalization, you will not be able to become a citizen, but you may also lose your green card.

Thanks for the reply, but do you have a reference? Because I'm looking at the USCIS requirements for naturalization and I think they could plausibly be interpreted as only requiring continuous residence at the time of lodging the application - I've highlighted below to show what I mean - it's all past tense - indeed, with respect to the three months residency in state requirement, it explicitly says "immediately preceding the filing":

Applicants are required to show that they have:

• Resided continuously in the U.S. for five years before applying, (see legal basis), or
• Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

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 (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Now I will have met the continuous residence and physical presence requirements at the time of filing. Indeed, I'm only planning to move 7 months AFTER filing (there is a chance I'll have my interview done by then, but maybe not). So does anyone else have an opinion as to whether meeting the requirements at the time of submission suffices?

Thanks!

[ajhigh 2]

Ah, further googling yielded this article: http://www.immig-chicago.com/blog/2012/03/19/your-immigration-status/can-you-travel-outside-the-u.s.-after-filing-for-naturalization/

States that "The law states that no person will be naturalized unless they have maintained continuous residence in the U.S. between date of filing and date of interview. But what does “continuous residence” mean? What if our client needed to stay in Israel longer than she initially planned? Continuous residence as it applies to naturalization is generally described as having no absences from the United States of six months or more."

I don't see a source in the article but it seems a reputable website. So, if I file in June 2017, leave in January 2018, but interview is sometime before June 2018, I should be OK, right? Or is that contrary to spirit of the law (or letter of a law I'm not aware of) and thus not allowed?

[ajhigh 2]

Just trying to bump this topic as I'd love some input if anyone has a moment, thanks!

[Ontarkie 14,227]

You would be moving, leaving the US, no longer a resident of the US.

[Villanelle 4,122]

I agree. I know its hard to hear, but you are going to have to either wait on moving until after you have your citizenship, or abandon your GC and restart the immigration process from scratch if you decide to return to the US in the future...

The reason for this is- you have to be a resident of the US to have a permanent resident card. You can not relocate to Aus to live and work and still be considered a resident of the US. So during the time you apply for citizenship until the time you obtain it, you are an LPR and must live in the US. You can leave the US and go visit places and be physically present in other countries for limited periods of time with out them accusing you of abandoning your residency. But you understand them not accusing you until you pass 6 months doesnt mean youre allowed to do it up to 6 months lol. Youre not allowed to do it all.

So do you understand the quote you posted now? Its saying how they count whether or not you are a resident is still going through the time you apply up to when you are interviewed. So time out of the country will even count then- that would matter for people who traveled alot as a LPR during the 3-5yrs.

[Ana Zie 0]

Hi, just wondering if you were actually able move outside the US while waiting for your interview. 

I have a same situation here, where my husband might move to The UK for his work and I am still on a green card and wanted to start my citizenship process but I doubt I will be done before we move. Can you please help, if you have any idea?

[Penguin_ie 5,993]

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