Advice on submitting N400 from out of state

[YvetteS 178]

Hi everyone!

 

My window to file my N400 (based on 3 year rule) is opening around the first week of December 2023.  Here is my question... and PLEASE don't give me a hard time if this is a dumb question, here i go. 

 

I want to go to Australia to visit my family in September, but i want to go for a few months (less than 6 months). If i leave for Australia in September and then in December fly to Hawaii for a vacation and while Im thete submit my N400 online, before returning to Australia again, is that possible? 

 

I would then return to the mainland US when I get my interview scheduled/ before 180 days have lapsed.

 

I am aware of the continuous residence requirement and the physical presence requirement.

 

Thank you kindly for your input!

[JeanneAdil 6,489]

no quesition is dumb as this is all a new experience to us

but to answer ,,  No

u must reside in the US jurisdiction that will process the case 3 months prior to applying so out of the country,  NO

Edited April 6, 2023 by JeanneAdil

[Allaboutwaiting 2,503]

You can file from Hawaii and then visit Australia again BUT for a short period as physical presence and continuous residence are considered also AFTER filing. 

 

What exactly are you planning on doing in Australia besides visiting?

 

 

[JeanneAdil 6,489]

4 minutes ago, Allaboutwaiting said:

You can file from Hawaii and then visit Australia again BUT for a short period as physical presence and continuous residence are considered also AFTER filing. 

 

What exactly are you planning on doing in Australia besides visiting?

 

 

can't he lives in Arizona /he needs to apply there

 

Hawaii for a vacation 

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;

 

Edited April 6, 2023 by JeanneAdil

[Allaboutwaiting 2,503]

Just now, JeanneAdil said:

can't he lives in Arizona /he needs to apply there

 

She will be on vacation in Hawaii and will file while being there. She is not moving. You don't need to be at home when you submit a form online. 😐

[JeanneAdil 6,489]

1 minute ago, Allaboutwaiting said:

She will be on vacation in Hawaii and will file while being there. She is not moving. You don't need to be at home when you submit a form online. 😐

she can't  she has to be living  in the US district that will process the N400 for 3 months prior to filing 

if not a resident of Hawaii and living there permanently,  she can't apply from  there 

check the site i gave u

 

3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;

[Allaboutwaiting 2,503]

Just now, JeanneAdil said:

she can't  she has to be living  in the US district that will process the N400 for 3 months prior to filing 

if not a resident of Hawaii and living there permanently,  she can't apply from  there 

check the site i gave u

 

3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;

 

She is not claiming residence in Hawaii! She will just be there when filing ONLINE. 

[JeanneAdil 6,489]

2 minutes ago, Allaboutwaiting said:

 

She is not claiming residence in Hawaii! She will just be there when filing ONLINE. 

not her residence,  she needs to be at residence for the 3 months prior to filiing 

filing in  April ,  live at residence January  thru March for example

not from  vacation spot even though its US state

 

[Allaboutwaiting 2,503]

Just now, JeanneAdil said:

not her residence,  she needs to be at residence for the 3 months prior to filiing 

filing in  April ,  live at residence January  thru March for example

not from  vacation spot even though its US state

 

I don't think you understand the rules AT ALL. 

Edited April 6, 2023 by Allaboutwaiting

[JeanneAdil 6,489]

9 minutes ago, Allaboutwaiting said:

I don't think you understand the rules AT ALL. 

we were called for biometrics within a week  

we asked what this sentence actually met when at Atlanta office  and officer said "it is the immediate 3 months prior to filling the N400 -not if person had be here for 3 months before that

it should say Immediate 3 months as that's what we were told it meant

they will check passport stamps when the interview happens 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=In general%2C an applicant for,three months prior to filing.

 

 If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence. ^[1

Edited April 6, 2023 by JeanneAdil

[.yana 597]

OP doesn't plan to be out of the US for more than 6 months, and USCIS rules are pretty clear (going on an extended vacation doesn't change her residency inside the US): 

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)

[Mike E 11,739]

Spending the majority of the 3 months outside the alleged state residence is not residing in the state of residence.

 

Whether this the 3 months before filing N-400, before N-400 interview, or before the oath.

[.yana 597]

2 hours ago, Mike E said:

Spending the majority of the 3 months outside the alleged state residence is not residing in the state of residence.

 

Whether this the 3 months before filing N-400, before N-400 interview, or before the oath.

Source?

[Rocio0010 5,579]

Why don’t you make it easy for you and apply after you’re done with all the traveling?

[Mike E 11,739]

35 minutes ago, .yana said:

Source?

“

B. Place of Residence

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact,
 

without regard to intent. ^[3] The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location”

 

No prizes for good intentions. Where you sleep matters.

Edited April 7, 2023 by Mike E