Moving Abroad, Change of Address, Case Pending

[karmarooster 0]

Hello VJ.  By way of background, my wife has a permanent green card and we filed an N-400 petition for Citizenship approx. 8 months ago (Sept. 2020) based on marriage.  Due to exigent circumstances, we've decided to move abroad to Europe while this Naturalization application is still pending.  The only status update we've received so far is the waiver of biometrics.  Additionally, we filed for a Re-Entry Permit approx. 8 weeks ago.  The only status update on USCIS's website is that our request for expediting was denied.  Hopefully they will also waive biometrics for this but unclear at this point.

 

I need to determine what to do in terms of updating USCIS for our change in address abroad, and am encountering a few issues/concerns:

- First, the USCIS online form or paper forms only permit you to select State/City/Zip with no "Country" option. 

- Second, I believe it would be impermissible/potentially criminal if we were to use an alternate, US-based address.  Two options: I signed up for a mail service (essentially a private PO box), and we also used a friend's address for the "Return" of the Re-Entry Permit.

 

I am left with the following choices:

- (1) Call USCIS to manually update the address to the international location.  I assume this could have a negative effect on the pending N-400 case, but I am thinking that it would not have a negative impact on any future immigration filings.

- (2) Update the address online to either the Mail Service address, or (3) our friend's address used for the Re-Entry Permit.  I assume this could have more significant negative effects, for example criminal penalties for using a mailing address where we don't live.  My thinking is that this has the chance to bar my wife from any future immigration potential.

 

Any suggestions? 

 

Main Question - Which address should we use for this USCIS change of address notice?

Secondary Question - Assuming we update to the foreign address, does that toss our pending N-400 application?  Or is there a possibility that, assuming the N-400 petition moves forward to interview/approval in the next 6 months (or year, given the pending Re-Entry Permit), could the petition be approved despite our moving abroad?

 

 Thanks in advance.  

[TBoneTX 44,786]

Thread is moved from General Immigration Discussion to the US Citizenship main forum.

[karmarooster 0]

Bump - any help?

[RasDig 13]

On 5/25/2021 at 1:43 PM, karmarooster said:

Hello VJ.  By way of background, my wife has a permanent green card and we filed an N-400 petition for Citizenship approx. 8 months ago (Sept. 2020) based on marriage.  Due to exigent circumstances, we've decided to move abroad to Europe while this Naturalization application is still pending.  The only status update we've received so far is the waiver of biometrics.  Additionally, we filed for a Re-Entry Permit approx. 8 weeks ago.  The only status update on USCIS's website is that our request for expediting was denied.  Hopefully they will also waive biometrics for this but unclear at this point.

 

I need to determine what to do in terms of updating USCIS for our change in address abroad, and am encountering a few issues/concerns:

- First, the USCIS online form or paper forms only permit you to select State/City/Zip with no "Country" option. 

- Second, I believe it would be impermissible/potentially criminal if we were to use an alternate, US-based address.  Two options: I signed up for a mail service (essentially a private PO box), and we also used a friend's address for the "Return" of the Re-Entry Permit.

 

I am left with the following choices:

- (1) Call USCIS to manually update the address to the international location.  I assume this could have a negative effect on the pending N-400 case, but I am thinking that it would not have a negative impact on any future immigration filings.

- (2) Update the address online to either the Mail Service address, or (3) our friend's address used for the Re-Entry Permit.  I assume this could have more significant negative effects, for example criminal penalties for using a mailing address where we don't live.  My thinking is that this has the chance to bar my wife from any future immigration potential.

 

Any suggestions? 

 

Main Question - Which address should we use for this USCIS change of address notice?

Secondary Question - Assuming we update to the foreign address, does that toss our pending N-400 application?  Or is there a possibility that, assuming the N-400 petition moves forward to interview/approval in the next 6 months (or year, given the pending Re-Entry Permit), could the petition be approved despite our moving abroad?

 

 Thanks in advance.  

USCIS will not allow you to update your address to an international location. Remember the N400 immigration benefits are for USA purposes. Also remember the physical presence and continuous residence requirements as part of the N400 application. If possible wait until the citizenship is approved and then permanently move. Based on your location you may get interview and oath within 6months. I will not jeopardize my application with these unknowns regarding foreign addresses unless of course you don’t really care for US citizenship. Even if you maintain an address in the US while you are away and waiting for the interview, when you cross 6+ months but less than a year, then you need to demonstrate that you still had ties to the US (having a home or apt lease, job, family members still in US etc) for continuous residence.

 

Check with an immigration lawyer before you make this decision so you have the best advice and not affect your N400. Either way you have to do what’s best for you and your family. Good luck! 

[SusieQQQ 11,586]

You are actually moving abroad, taking up residence abroad, so even before six months is up that could be considered breaking continuous residence. 
 

from the manual:

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.”[3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence....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 or establish residence within the United States for the statutorily required period of time.

 

The re-entry permit will preserve her green card for when she comes back, but not her residence for naturalization. If naturalizing is important to do now I’d suggest you wait for the interview before you move. 

[retheem 564]

On 5/25/2021 at 12:43 PM, karmarooster said:

Hello VJ.  By way of background, my wife has a permanent green card and we filed an N-400 petition for Citizenship approx. 8 months ago (Sept. 2020) based on marriage.  Due to exigent circumstances, we've decided to move abroad to Europe while this Naturalization application is still pending.  The only status update we've received so far is the waiver of biometrics.  Additionally, we filed for a Re-Entry Permit approx. 8 weeks ago.  The only status update on USCIS's website is that our request for expediting was denied.  Hopefully they will also waive biometrics for this but unclear at this point.

 

I need to determine what to do in terms of updating USCIS for our change in address abroad, and am encountering a few issues/concerns:

- First, the USCIS online form or paper forms only permit you to select State/City/Zip with no "Country" option. 

- Second, I believe it would be impermissible/potentially criminal if we were to use an alternate, US-based address.  Two options: I signed up for a mail service (essentially a private PO box), and we also used a friend's address for the "Return" of the Re-Entry Permit.

 

I am left with the following choices:

- (1) Call USCIS to manually update the address to the international location.  I assume this could have a negative effect on the pending N-400 case, but I am thinking that it would not have a negative impact on any future immigration filings.

- (2) Update the address online to either the Mail Service address, or (3) our friend's address used for the Re-Entry Permit.  I assume this could have more significant negative effects, for example criminal penalties for using a mailing address where we don't live.  My thinking is that this has the chance to bar my wife from any future immigration potential.

 

Any suggestions? 

 

Main Question - Which address should we use for this USCIS change of address notice?

Secondary Question - Assuming we update to the foreign address, does that toss our pending N-400 application?  Or is there a possibility that, assuming the N-400 petition moves forward to interview/approval in the next 6 months (or year, given the pending Re-Entry Permit), could the petition be approved despite our moving abroad?

 

 Thanks in advance.  

Move first to Europe and let your wife remain here until the process is over. Once it's over she can do whatever she wants to do since she will be done with immigration.

12 hours ago, SusieQQQ said:

You are actually moving abroad, taking up residence abroad, so even before six months is up that could be considered breaking continuous residence. 
 

from the manual:

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.”[3] Accordingly, the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence....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 or establish residence within the United States for the statutorily required period of time.

 

The re-entry permit will preserve her green card for when she comes back, but not her residence for naturalization. If naturalizing is important to do now I’d suggest you wait for the interview before you move. 

It is amazing how people will do things without having forethought and then when things go south they start crying.