Jump to content
coconut0223

Physical Presence Requirements (90 days before applying)

By coconut0223 in US Citizenship General Discussion

 Share

3 posts in this topic

Recommended Posts

coconut0223 Newbie

coconut0223   1

Posted
Filed: Citizen (apr) Country: South Korea
 Timeline
Posted (edited)

Hello, all!

 

I have a question about physical presence requirements for applying U.S. Citizenship.

 

* I am a spouse of a U.S. citizen and I got my green card on the basis of my marriage.

* The issue date of my green card is 3/31/2015 and I got my 10 years green card few weeks ago.

 

** I traveled outside the U.S. during 12/25/2017-1/8/2018. (about 2 weeks)

 

I found one of the qualifications for applying N-400: The 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.

-> Does this statement mean that I have to stay physically in Virginia for 90 days before applying N-400? -> Does my previous travel breake this rule for now?

 

*** In this situation, Can I apply for U.S. Citizenship now or 4/8/2018 ?

 

Thanks in advance,

 

Jeong

Edited by coconut0223
Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,305

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
1 hour ago, coconut0223 said:

-> Does this statement mean that I have to stay physically in Virginia for 90 days before applying N-400? -> Does my previous travel breake this rule for now?

No and no.

Travel is temporary.

If your official residence has been Virginia for 90 days, you're OK.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
  • 2 weeks later...
afrocraft Rising Star

afrocraft   313

Posted
Timeline
Posted (edited)

TBoneTX is correct. The state residency requirement is a confusing and poorly understood one.  According to 8 C.F.R.§ 316.5(b)(5):

 

Quote

Residence during absences of less than one year. 

 

(i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.

So you'd have to have left for one year or longer to lose your state residency.

Edited by afrocraft
Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...