Time out of the country as LPR

[Skyman 323]

A couple questions on the time in country required for filing the N-400. I know it's a bad idea to go out for more than 6 months straight but is there a cumulative problem? For example, if someone left the country for 5 months and came back for 1, would that be a problem being gone for 10 months in a year?  Also, does that time out still count towards the 3 years or does that delay applying? 

 

Thanks

[Babu Frik 1,162]

3 hours ago, Skyman said:

A couple questions on the time in country required for filing the N-400. I know it's a bad idea to go out for more than 6 months straight but is there a cumulative problem? For example, if someone left the country for 5 months and came back for 1, would that be a problem being gone for 10 months in a year?  Also, does that time out still count towards the 3 years or does that delay applying? 

 

Thanks

Yes that can affect things, I believe you have to be living in the states at least 18 months out of the 3 years, and 3 months before applying.

There's also other things like maintaining domicile in the states.

[JeanneAdil 6,510]

For the purposes of naturalization: A trip abroad that is less than 6 months will not disrupt continuous residence. A trip of more than 6 months but less than one year is presumed to break your continuous residence. A trip 12 months or longer will definitely break your continuous residence.

 

and there is 3 month residency requirement

 

n general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing. 

[SusieQQQ 11,586]

5 hours ago, Skyman said:

A couple questions on the time in country required for filing the N-400. I know it's a bad idea to go out for more than 6 months straight but is there a cumulative problem? For example, if someone left the country for 5 months and came back for 1, would that be a problem being gone for 10 months in a year?  Also, does that time out still count towards the 3 years or does that delay applying? 

 

Thanks

From the official USCIS manual, note the bits I have bolded.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Breaks in Continuous Residence

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:^[9]

• The applicant is absent from the United States for more than 6 months but less than 1 year; or

• The applicant is absent from the United States for 1 year or more.

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.^[10]

An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence.

 

As mentioned by someone else, in addition to meeting the continuous residence requirements above, you also have to satisfy the physical presence requirements. 
 

[Scandi 4,166]

There are two different things to keep an eye on - Continuous Residence and Physical Presence. Make sure you haven't broken either of the two before you file.

[Skyman 323]

Thanks for the info. It sounds like we'll have more trouble with the domicile requirement. We're in an apartment right now but soon we'll be traveling in an RV full time. Is the 3 months the requirement to apply or before the interview? If it's both  that could be a long time.

[SusieQQQ 11,586]

2 minutes ago, Skyman said:

Thanks for the info. It sounds like we'll have more trouble with the domicile requirement. We're in an apartment right now but soon we'll be traveling in an RV full time. Is the 3 months the requirement to apply or before the interview? If it's both  that could be a long time.

To apply.

if you had looked at the link I gave you, it says An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for 3 months prior to filing.

[Skyman 323]

6 hours ago, SusieQQQ said:

To apply.

if you had looked at the link I gave you, it says An applicant must also establish that he or she has resided in the state or service district having jurisdiction over the application for 3 months prior to filing.

You're right. I missed that. Doesn't stand out. Anyway, so we live somewhere 3 months. File and then when we get the receipt we can move on or do we have to stay there until the interview? 

[SusieQQQ 11,586]

3 hours ago, Skyman said:

You're right. I missed that. Doesn't stand out. Anyway, so we live somewhere 3 months. File and then when we get the receipt we can move on or do we have to stay there until the interview? 

Then you can move on. But you need to make sure the changes of address are updated along the way so you get an interview notice for where you are residing at the time.