Can I leave the US to study abroad after applying for citizenship?

[BostonChick 0]

Hmm, here's my question. Once I have sent out my N-400 form and done my biometrics, can i actually leave the US to embark upon a study program in the UK? Of course, I plan to be back for my interview. Can you think of any potential requirement that stops me from doing this? All the requirements for continuous residence etc. I can think of are in relation to the pre-N 400 application period, is there anything I'm missing>

Thanks,

Boston Chick

[YuAndDan 153]

That is not a problem, as long as you are not out of country for more than 6 months before you naturalize.

[Sweetgirl 0]

Hmm, here's my question. Once I have sent out my N-400 form and done my biometrics, can i actually leave the US to embark upon a study program in the UK? Of course, I plan to be back for my interview. Can you think of any potential requirement that stops me from doing this? All the requirements for continuous residence etc. I can think of are in relation to the pre-N 400 application period, is there anything I'm missing>

Thanks,

Boston Chick

Hi !

I think it is a problem.

You shouldn't go travel while your Naturalization is pending.They have rules about it somewhere.

Wait 5 month till you get Naturalized and then go travel.

Best wishes

[YuAndDan 153]

Here are the rules:

Naturalization Requirements:

• If you are at least 18 years old and:
  Are currently married to and living with a U.S. citizen; and
  Have been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years.
  
• Permanent Residence (LPR): 3 years.
  
• Continuous Residence: 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer.
  
• Physical Presence in the United States: 18 months.
  
• Time in USCIS District or State: 3 Months.
  
• Good Moral Character: Required
  
• English & Civics Knowledge: Required
  
• Attachment to the Constitution: Required
  

http://www.uscis.gov/files/article/M-476.pdf

The item in bold depends on the underlined, not meeting any of the underlined will reset the item in bold.

[warlord 73]

It is not recommended until after your oath ceremony (not even the interview). Then you would still need the passport. They will ask you about any trips at your interview that you have taken from the time you filed your N-400. They will also ask between the time of your interview and your oath if you have been out of the country and for how long.

You may want to pull your N-400 back and then re-file it when you're back living in the US...

[BostonChick 0]

Thanks, Warlord - that's very helpful info. I have found all your US citizenship posts to be extremely useful.

Boston Chcik

[warlord 73]

Thanks, Warlord - that's very helpful info. I have found all your US citizenship posts to be extremely useful.

Boston Chcik

Well it's kind of good I just finished the entire process so it's all still fresh in my mind. Give me a year and I'll have no clue how to do any of the N-400 stuff...

[lucyrich 20]

If you're applying based on three years of continuous residence because you're married to a USC, note that you must continue living in valid marital union with the USC all the way until citizenship is granted. (8 cfr 319.1.a.3). Generally, living in valid marital union means living under the same roof (8 cfr 319.1.b.1).

You don't say whether your travel for studies will mean you'll be living apart from your spouse, so maybe this isn't a concern, but it's something to be aware of in any case. If you'll be living together under the same roof, you can probably skip the rest of this post.

I know there have been court cases where the couple was married at the time the application was submitted, but the USC spouse died before they got around to examining the application. The LPR was judged to not be eligible for naturalization, because (through no fault of their own) the marital union was broken before citizenship was attained. Similar cases have happened due to separation or divorce.

There's a chance you could argue that the marital union wasn't broken even by living apart, but at best, you'd be in a grey area there. According to the published interpretation of 319.1, The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.