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Filed: Other Timeline
Posted

Hi,

 

If i plan to stay outside USA for a period of 5 months and then come back and plan another trip outside usa for 3 months will it affect my citizenship application. I received my GC based on marriage in March 2016 and plan to apply for my citizenship in jan 2019. I am in USA for 2 years completely and 1 year since my GC.

Plz confirm my doubt in detail

 

Thanks

Filed: K-1 Visa Country: Canada
Timeline
Posted

This page on the USCIS website should help you out:

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

On the page, it states:

 

" Applicants are required to show that they were:

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 "

 

Some other points to note:

 

" 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 "

 

" Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise "

 

Also, a follow up question for me: Are you sure you're able to apply for naturalization in January, 2019? You said your green card was obtained in March, 2016. I thought you had to wait a minimum of 36 months to apply. January, 2019 would be 34 months. I'm not sure if you're able to apply a bit in advance of your date, though. Perhaps someone else could provide some insight.

Filed: Other Timeline
Posted

so multiple trips should not be an issue as long as they are below 6 months while i complete total 18 months

 

For your question I think Jan 2019 I can apply because March 2019 is when I become a GC holder for 3 years so March 2019 minus 90 days. Plz, correct me if I am wrong here

Thanks

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

Based on what I've seen on the USCIS website, multiple trips should be fine. I'm going to be getting my greencard soon, too, and had been looking into that as well, as I also planned to take some extended trips to Canada over the next several years.

 

As for the 90 day thing, I'm not sure how that works. Maybe someone else could weigh in with information on that. I was looking through the citizenship thread on this website and couldn't find any confirmation with that.

Posted
On 3/4/2017 at 7:27 AM, kashif01 said:

so multiple trips should not be an issue as long as they are below 6 months while i complete total 18 months

 

For your question I think Jan 2019 I can apply because March 2019 is when I become a GC holder for 3 years so March 2019 minus 90 days. Plz, correct me if I am wrong here

Thanks

 

You are correct...you can file 90 days (not always exactly 3 months, so watch the dates) before your 3rd anniversary holding a green card as long as you are still married to the same USC. Good luck!

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Filed: Citizen (pnd) Country: China
Timeline
Posted (edited)

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)).

 

is it saying that u have to be psychically stay in US for at least 3 months before u can submit he n 400 form?

Edited by texaspanpan
Posted

Hello! I have a follow-up question about that requirement showing you've resided for at least 3 months immediately preceding the filing for citizenship. My husband is eligible to apply for citizenship in August 2017, but we're going to the UK to visit family for about 4 weeks in June to start of July. We own a home here in the US. Does that stipulation mean one must be physically present for 3 months before filing in which case a vacation out of the country in June would disqualify an August application? Thank you.

05/14: We were married!!

06/04/14: Finally marriage license was recorded & we got a copy

06/05/14: AOS package mailed via Fed Ex overnight to USCIS Chicago Lockbox

06/06/14: (Day 00) Confirmation of delivery & receipt date recorded by USCIS

06/11/14: (Day 05) NOA 1 Hard copy of receipt received

06/13/14: (Day 07) Form I-797C received, Biometrics appointment scheduled for July 8

07/01/14: RFE for co-sponsor salary and tax info, which was already sent with original package. Resent a copy on 07/08/14.

07/08/14: (Day 32) Biometrics appt.

08/10/14: (Day 65) Noticed that USCIS status has changed from Initial Review to Testing & Interview!

08/21/14: (Day 76) Received EAD/AP in the mail!

09/25/14: (Day 111) Email notice with interview date set for OCT. 29!

10/29/14: (Day 145) Interview day - APPROVED!!!

09/21/16: Mailed in I-751 Removal of Conditions

10/14/16: Biometrics appointment

8/8/17: Mailed N-400 Naturalization Application

8/15/17: USCIS texted that they've received N-400

9/8/17: Scheduled for biometrics 

10/11/17: In Line to be Scheduled for N-400 Interview
6/23/18: N400 Interview (recommended for approval pending I751)

8/1/18: I751 Interview - approved

 

Filed: Citizen (pnd) Country: China
Timeline
Posted
3 hours ago, Camelot13 said:

Hello! I have a follow-up question about that requirement showing you've resided for at least 3 months immediately preceding the filing for citizenship. My husband is eligible to apply for citizenship in August 2017, but we're going to the UK to visit family for about 4 weeks in June to start of July. We own a home here in the US. Does that stipulation mean one must be physically present for 3 months before filing in which case a vacation out of the country in June would disqualify an August application? Thank you.

 

I think may be we got this one wrong......

 

it may mean that if u apply N-400 in CA, then you have to at least live in CA for 3 month before you claim you are a CA applicant. 

 

please everyone correct me if i am wrong...

Posted

That would be great. I'm confused about the definition of resident - if it means you have to have lived in that state for 3 months (i.e. not moved houses from Oregon to California for example) or whether you have to be be physically present in that accommodation for those 3 months before applying. It seems like the first option would make more sense because surely a vacation wouldn't be a preventative factor, but one never knows with immigration. Thanks all!

05/14: We were married!!

06/04/14: Finally marriage license was recorded & we got a copy

06/05/14: AOS package mailed via Fed Ex overnight to USCIS Chicago Lockbox

06/06/14: (Day 00) Confirmation of delivery & receipt date recorded by USCIS

06/11/14: (Day 05) NOA 1 Hard copy of receipt received

06/13/14: (Day 07) Form I-797C received, Biometrics appointment scheduled for July 8

07/01/14: RFE for co-sponsor salary and tax info, which was already sent with original package. Resent a copy on 07/08/14.

07/08/14: (Day 32) Biometrics appt.

08/10/14: (Day 65) Noticed that USCIS status has changed from Initial Review to Testing & Interview!

08/21/14: (Day 76) Received EAD/AP in the mail!

09/25/14: (Day 111) Email notice with interview date set for OCT. 29!

10/29/14: (Day 145) Interview day - APPROVED!!!

09/21/16: Mailed in I-751 Removal of Conditions

10/14/16: Biometrics appointment

8/8/17: Mailed N-400 Naturalization Application

8/15/17: USCIS texted that they've received N-400

9/8/17: Scheduled for biometrics 

10/11/17: In Line to be Scheduled for N-400 Interview
6/23/18: N400 Interview (recommended for approval pending I751)

8/1/18: I751 Interview - approved

 

Filed: Other Timeline
Posted

I am told by my friends that If I reside outside USA for more than 2 months, each day I am outside USA will be calculated while deciding for my citizenship case. They will delay it for as much time I stay outside. Can someone plz, give me a firm answer that how much stay does not affect or delay my citizenship case. I cannot consult a lawyer at this stage as just for 1 question I will end up paying so much. Many thanks

Filed: Other Timeline
Posted

I am told by my friends that If I reside outside USA for more than 2 months, each day I am outside USA will be calculated while deciding for my citizenship case. They will delay it for as much time I stay outside. Can someone plz, give me a firm answer that how much stay does not affect or delay my citizenship case. I cannot consult a lawyer at this stage as just for 1 question I will end up paying so much. Many thanks

 
 
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