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Lannna

reside 3 months requirement and travel abroad ?

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Filed: Timeline

Hi, My naturalization window open at next year November.  I have travel plan to China for 3-5 months, then come back on November.

As I know, there has a requirement which is need to reside in a state/district for last 3 months before filling for N-400.

I have no problem with continuous residency and physical present even thought travel abroad for next year. 

But just concern do I quality for apply citizenship when I just back from travel abroad ?

That 3 months before filling, do I need to physically stay in US ?

We still reside in same place,  not moving to other state in US, always keep same address, just travel to China.

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31 minutes ago, Lannna said:

Anyone can help me ? 

 

here is my comments.  As shown below,  you need to satisfy conditions #1-4 . To your biggest concern, if you are going to have a international trip before filing N400, but you  still claim the residence of the state where you are currently living and also you have met both "resident " and "present" in the United States  for over 5years/30 months , this trip will NOT affect your eligibility for N400 application. You are good to file after return.

 

for people moving to another state and claim as resident in the new state(like change permanent home address , driver license, new W2, filed AR11 form,etc), they have to wait for additional 3 months upon relocating to the new state before filing N400.

 

hope this helps. 

 

USCIS says the eligibility: generally, an applicant for naturalization must:

  1. • Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.
  2. • Be a lawful permanent resident (have a “green card”).
  3. Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.)
  4. • Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)
  5. • Show that you have lived for at least 3 months in the state  where you claim residence.

 H1b ---> EB-1A (I-140) ---> I-485 AOS(Green Card) ---> 5 years --->  US Citizenship N400 application

  • Day 011/16/2017, e-filing N400
  • Day 3069/18/2018,  interview day--passed and in line for oath.
  • Day 332: 10/15/2018, Oath Day
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Filed: Timeline

Thank you so much ! I satisfy condition #1–4 and not going to move to another state.

Just for confirm, the 3 month before filling for N400, I don’t need to physically stay in US if I still claim the residency of the sate where I currently living, is it correct?

Same in other words, residency isn’t equal to physically stay ? I still can claim residency even travel abroad?

@GoBig

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9 minutes ago, Lannna said:

Thank you so much ! I satisfy condition #1–4 and not going to move to another state.

Just for confirm, the 3 month before filling for N400, I don’t need to physically stay in US if I still claim the residency of the sate where I currently living, is it correct?

Same in other words, residency isn’t equal to physically stay ? I still can claim residency even travel abroad?

@GoBig

yes, you are correct!

 H1b ---> EB-1A (I-140) ---> I-485 AOS(Green Card) ---> 5 years --->  US Citizenship N400 application

  • Day 011/16/2017, e-filing N400
  • Day 3069/18/2018,  interview day--passed and in line for oath.
  • Day 332: 10/15/2018, Oath Day
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