Need to travel to my home country after applying for N400

[Catalina Cuqui 17]

I'll be applying for naturalization through marriage in a couple of weeks. I already have my 10-year GC, and I will meet all the continuous residency requirements before I apply. However, in a few months we may be traveling to my home country. Here's why:

Last year I lost both of my parents suddenly during the covid pandemic. As their only child, I have a ton of stuff to take care of in my home country (paperwork, red tape, their belongings, houses, etc). I have not been able to do many of these before because of the pandemic. So in a few months my husband and I are planning to travel to my home country to take care of everything, and as I'm self-employed I will have to pay my country's taxes for that amount of time.

I'm not sure how long taking care of everything will take us, but it may be more than 6 months. Bureaucracy is slowwww.

I was thinking of applying for a Re-Entry Permit before we leave the US, so as to not lose my permanent residence and eligibility for naturalization.

Do you know of someone who has gone through a similar situation, and if so, how did it go? Do I need to have an approved Re-Entry Permit before I leave, or can I apply and leave before they make a decission on it? Also, it is at all possible to do the interview/oath abroad?

I've done a lot of research, so I'm looking for actual cases of people in a similar situation, not general info. Thank you.

Edited May 15, 2021 by Catalina Cuqui

[Mike E 11,742]

Once you are gone 181 days, continuous residency for purposes of naturalization is broken.  You will likely have wait 4.5 years to naturalize.  
 

I suggest you come back every 5 months even if for just 24 hours.  
 

Oe take your chances begging the USCIS case officer.  

[xyz12345 260]

9 hours ago, Catalina Cuqui said:

I'll be applying for naturalization through marriage in a couple of weeks. I already have my 10-year GC, and I will meet all the continuous residency requirements before I apply. However, in a few months we may be traveling to my home country. Here's why:

Last year I lost both of my parents suddenly during the covid pandemic. As their only child, I have a ton of stuff to take care of in my home country (paperwork, red tape, their belongings, houses, etc). I have not been able to do many of these before because of the pandemic. So in a few months my husband and I are planning to travel to my home country to take care of everything, and as I'm self-employed I will have to pay my country's taxes for that amount of time.

I'm not sure how long taking care of everything will take us, but it may be more than 6 months. Bureaucracy is slowwww.

I was thinking of applying for a Re-Entry Permit before we leave the US, so as to not lose my permanent residence and eligibility for naturalization.

Do you know of someone who has gone through a similar situation, and if so, how did it go? Do I need to have an approved Re-Entry Permit before I leave, or can I apply and leave before they make a decission on it? Also, it is at all possible to do the interview/oath abroad?

I've done a lot of research, so I'm looking for actual cases of people in a similar situation, not general info. Thank you.

Here are some info that you might be interested in that answers some of your questions:

1) re-entry permit and effect on naturalization (https://citizenpath.com/reentry-permit-permanent-residents/)

2) re-entry permit approval before leaving? (https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

3) N-400 interview and oath abroad? I doubt it. Even those who qualify for expeditious naturalization must be interviewed in the US (https://immigration.com/faq/expeditious-naturalization).

 

You probably also have to consider the length of the N-400 process in your local Field Office if you'll apply in a couple of weeks.

 

7 hours ago, Mike E said:

Once you are gone 181 days, continuous residency for purposes of naturalization is broken.  You will likely have wait 4.5 years to naturalize.  
 

I suggest you come back every 5 months even if for just 24 hours.  
 

Oe take your chances begging the USCIS case officer.  

It'll be another 2.5 years+1 day if N-400 is based on marriage. I agree, travel to the US even for a day before 6 months absence to satisfy continuous residence and hopefully physical presence requirement is always satisfied. One less thing to stress about on top of tremendous grief and stress.

[Mike E 11,742]

46 minutes ago, xyz12345 said:

I agree, travel to the US even for a day before 6 months absence to satisfy continuous residence and hopefully physical presence requirement is always satisfied. One less thing to stress about on top of tremendous grief and stress.

It isn’t 6 months. It is a maximum absence of 180 days.  
 

I wrote 5 months to give OP a margin for error due to flight cancellations, pandemics, volcanoes, etc.  

Edited May 15, 2021 by Mike E

[Catalina Cuqui 17]

Thanks a lot, guys. I guess my only option is to come back after a couple of months.
I thought the reentry permit would help me, but I see it makes no difference for naturalization purposes.
Oh well... One less thing to worry about. XD
Thank you.

[jimbrackets 2]

On 5/15/2021 at 12:55 AM, Mike E said:

Once you are gone 181 days, continuous residency for purposes of naturalization is broken.  You will likely have wait 4.5 years to naturalize.  
 

I suggest you come back every 5 months even if for just 24 hours.  
 

Oe take your chances begging the USCIS case officer.  

This is incorrect. It is presumed to be interrupted unless you can prove otherwise and many do.

Edited May 17, 2021 by jimbrackets

[Mike E 11,742]

3 hours ago, jimbrackets said:

This is incorrect. It is presumed to be interrupted unless you can prove otherwise and many do.

What percentage of those who spend 181+ days outside the USA successfully prove to USCIS that they didn’t interrupt continuous residency?

 

And what are the legal fees as compared to the travel costs

of coming back every 5 months?

Edited May 17, 2021 by Mike E