Moving abroad while N-400 is pending

[drella 4]

Hello all, I recently sent my N-400 form in so I am at the very beginning of the process, had the paperwork sitting since January but with all of the Covid-19 crisis going on I just put it on hold for a few months. Anyway, with my husband we have been thinking of eventually moving abroad to my home country in a few years but this crisis is making us rethink our situation and we are thinking more and more about eventually making the move sooner when our lease ends in January, we are just trying to figure things out right now but I am not sure what impact could this have on my application, I understand the process is most likely to be a very long one with all the delays....Anybody here has been in the same situation? Thank you 

[SusieQQQ 11,586]

If you move abroad while it’s pending, you risk breaking continuous residence if you are outside for 6 months or more, and having to start from the beginning again. Also I don’t believe that they will naturalize you if your actual residence is abroad at the time of your interview (limited exceptions for military spouses etc) but I may be wrong on that one.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
An applicant for naturalization under the general provision  must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization. 
..USCIS will consider the entire period from the LPR admission until the present when determining an applicant’s compliance with the continuous residence requirement.

....An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States 

....The applicant must demonstrate actual maintenance of his or her principal dwelling place, without regard to intent, in the United States through testimony and documentation.

[gregcrs2 1,778]

2 hours ago, drella said:

Hello all, I recently sent my N-400 form in so I am at the very beginning of the process, had the paperwork sitting since January but with all of the Covid-19 crisis going on I just put it on hold for a few months. Anyway, with my husband we have been thinking of eventually moving abroad to my home country in a few years but this crisis is making us rethink our situation and we are thinking more and more about eventually making the move sooner when our lease ends in January, we are just trying to figure things out right now but I am not sure what impact could this have on my application, I understand the process is most likely to be a very long one with all the delays....Anybody here has been in the same situation? Thank you 

This is a personal decision.  My opinion is you should wait to get citizenship before moving back home.  Many things can change over time and your desires in the near future may not be your desire in the long term.  It would be terrible to start the entire process again if things change, especially since you would eventually need to surrender your green card.  We are waiting for citizenship and will likely move to the home country or some other country in the future.  But for now we are splitting the time between the USA and the home country.

[Born2run4you 18]

You can probably do that, but just be careful to not ruin your case unnecessarily here (unless you decide so). Keep your address in US current (e.g., share a place with someone else so that he can keep track of your letters etc, while you decrease you costs), be ready to come back here before your interview, and also do not stay outside less than 5 months... and whatever else is needed? I know someone who did such an arrangement and passed through.  

[drella 4]

Thank you all for your replies. I do feel like it is much safer to wait for the process to be complete before making any plans, this whole Covid-19 crisis surely is not easy to navigate, I am just afraid the process is going to take forever now! I just wished I had not this as soon as I was able to, oh well! Thank you for sharing anyways

[SusieQQQ 11,586]

29 minutes ago, Born2run4you said:

You can probably do that, but just be careful to not ruin your case unnecessarily here (unless you decide so). Keep your address in US current (e.g., share a place with someone else so that he can keep track of your letters etc, while you decrease you costs), be ready to come back here before your interview, and also do not stay outside less than 5 months... and whatever else is needed? I know someone who did such an arrangement and passed through.  

“Sharing a place with someone else”, especially a married couple, is unlikely to stand up to the requirement that “The applicant must demonstrate actual maintenance of his or her principal dwelling place, without regard to intent, in the United States through testimony and documentation.”  You may know someone who managed to do it, everyone seems to know someone who got away with breaking a rule, but a stricter CO would not let it pass. Also, trying to instruct someone how to game the requirements sounds like it may conflict with the ToS on visajourney.

[HRQX 4,145]

1 hour ago, SusieQQQ said:

a stricter CO

*a stricter IO

Edited June 29, 2020 by HRQX

[wololo 28]

6 hours ago, Born2run4you said:

You can probably do that, but just be careful to not ruin your case unnecessarily here (unless you decide so). Keep your address in US current (e.g., share a place with someone else so that he can keep track of your letters etc, while you decrease you costs), be ready to come back here before your interview, and also do not stay outside less than 5 months... and whatever else is needed? I know someone who did such an arrangement and passed through.  

Don't follow this advice. Claiming to live in one place while you live in another is fraud and if you're caught there can be consequences. Just go through the N400 process, it's gonna be lengthy but once it's over you can move over and forget about USCIS forever, otherwise you can risk your citizenship and even your residency.

[Born2run4you 18]

1 hour ago, wololo said:

Don't follow this advice. Claiming to live in one place while you live in another is fraud and if you're caught there can be consequences. Just go through the N400 process, it's gonna be lengthy but once it's over you can move over and forget about USCIS forever, otherwise you can risk your citizenship and even your residency.

First i'm not a lawyer nor advising anyone what to do (i think this part is obvious unless someone is claiming so).  However, i disagree that having two or multiple homes is a fraud, rather sometimes a necessity (e.g. job or life situation) or simply a choice. I have lived in dual states (California/Hawaii) or (Colorado/Hawaii) and both places were legitimately a home. Just because you have a certain lifestyle, it doesn't mean that everyone's life should fall into a certain cookie cutter model. Having a home does not mean that you cannot travel or stay in other countries for certain period of time either. There are people who choose not to have a fix home, live in van, or just be a nomad. As long as you are open about it, these circumstances should not prevent you from become a citizen.  

[SalishSea 17,835]

32 minutes ago, Born2run4you said:

I have lived in dual states (California/Hawaii) or (Colorado/Hawaii) and both places were legitimately a home. J

Not the same at all.

 

There are residency requirements for naturalization.  Claiming a fake (as in, you don't live there) residence to "keep up appearances" could sound like fraud...

[Lucky2Lucky 2,526]

“Moving” abroad for an indefinite period of time  implies abandoning your US residency. No where did I see OP say they were going to visit for under 6 months.. it seems so much easier to just see the N400 through and then you can move abroad and always obtain your US citizenship -if you ever decided to love back to the US you will be grateful to not have to go through immigration again I would believe..

[SusieQQQ 11,586]

7 hours ago, Born2run4you said:

First i'm not a lawyer nor advising anyone what to do (i think this part is obvious unless someone is claiming so).  However, i disagree that having two or multiple homes is a fraud, rather sometimes a necessity (e.g. job or life situation) or simply a choice. I have lived in dual states (California/Hawaii) or (Colorado/Hawaii) and both places were legitimately a home. Just because you have a certain lifestyle, it doesn't mean that everyone's life should fall into a certain cookie cutter model. Having a home does not mean that you cannot travel or stay in other countries for certain period of time either. There are people who choose not to have a fix home, live in van, or just be a nomad. As long as you are open about it, these circumstances should not prevent you from become a citizen.  

The manual is very clear about a PRINCIPAL dwelling place. Not the same thing. A van (or a boat) can be a principal dwelling place. So can a spot under a bridge for a homeless person. Living overseas while having a friend have an address for you in the US is totally different.

 

 

Edited June 29, 2020 by SusieQQQ

[Born2run4you 18]

2 hours ago, SusieQQQ said:

The manual is very clear about a PRINCIPAL dwelling place. Not the same thing. A van (or a boat) can be a principal dwelling place. So can a spot under a bridge for a homeless person. Living overseas while having a friend have an address for you in the US is totally different.

 

 

If i live in a van or under a bridge as a homeless, and want to visit abroad 3 months, i'd ask a friend to keep my letters rather than renting an condo just to pretend there is dwelling place somewhere else. The latter sounds less honest to me.

[SusieQQQ 11,586]

16 minutes ago, Born2run4you said:

If i live in a van or under a bridge as a homeless, and want to visit abroad 3 months, i'd ask a friend to keep my letters rather than renting an condo just to pretend there is dwelling place somewhere else. The latter sounds less honest to me.

OP is not talking about visiting abroad. OP is talking about moving abroad. Moving abroad means you move your principal dwelling place out of the US. Right?

Edited June 29, 2020 by SusieQQQ

[Born2run4you 18]

3 minutes ago, SusieQQQ said:

OP is not talking about visiting abroad. OP is talking about moving abroad. Moving abroad means you move your principal dwelling place out of the US. Right?

That's right. I guess people, including myself, were trying to say was that you don't need to (or shouldn't) move permanently at this point... instead visit aboard, get things there done, while you keep a foothold in the country.