Advice on submitting N400 from out of state

[SalishSea 17,801]

2 hours ago, Mike E said:

“

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.

I agree.   We’ve seen denials for the three month state/jurisdiction residency for people that were temporarily away.   Seems it is a hard and fast rule.   I wouldn’t risk it.

[SteveInBostonI130 3,432]

File in Dec 2023 in AZ

 

Oct 2023: In Austrailia

Nov 2023: In Austrailia

Dec 2023:  In Hawaii

 

 

3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing:  NO

[beloved_dingo 1,976]

I think the confusion happening here is that the 3 month rule doesn't mean you can't go on vacation during that 3 month period. If you go on a trip for a week before filing N-400, that does NOT cause an issue with the 3 month rule. However, OP isn't talking about being out of town for a week. OP is talking about being away for months, and filing N-400 during a time of NOT living in their state for an extended period of time and that is what is causing the issue. You can't claim that you were residing within your state for the prior 3 month period if you haven't spent a single day actually in that state during that period of time. 

[YvetteS 178]

19 hours ago, JeanneAdil said:

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

Thank you. I own my home in Arizona and it is our main place of residence. By definition does reside explicitly mean i have to be physically in the state prior to applying? Because it is my main place of residence, i just go to Australia for several months to see my family and so my son has a relationship with them, but i make sure I'm never gone for more than 180 days at a time.

[beloved_dingo 1,976]

35 minutes ago, YvetteS said:

Thank you. I own my home in Arizona and it is our main place of residence. By definition does reside explicitly mean i have to be physically in the state prior to applying? Because it is my main place of residence, i just go to Australia for several months to see my family and so my son has a relationship with them, but i make sure I'm never gone for more than 180 days at a time.

The relevant requirement, posted by @SteveInBostonI130 is "You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing."

 

You cannot say you have lived within the state where you claim residence if you are not physically present in that state for months. 

Edited April 7, 2023 by beloved_dingo

[SalishSea 17,801]

39 minutes ago, YvetteS said:

By definition does reside explicitly mean i have to be physically in the state prior to applying?

Yes, in this case it does.  Like I said, we have seen N400 denials for people who were temporarily away from their primary residence during the 3 month period.

If there is such a push to naturalize now, you should plan to stay put.  If you cannot, perhaps delay naturalizing.

[SalishSea 17,801]

19 hours ago, Allaboutwaiting said:

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

Maybe you need to review the 3 month requirement, as OP really is risking a denial here.

[YvetteS 178]

15 hours ago, Rocio0010 said:

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

This is plan B. I am just curious what my options are and the visa journey community has always been extremely helpful in helping me navigate through all this. Others have made valid points that I could be asked to provide biometrics within a week of applying, so Im really just weighing up my options at this point.

[.yana 597]

Personally, I don't think going on vacation means you no longer live where you live so I would say this is very much open to the interpretation.

But if VJ users say that they have seen denials based on this alone - I wouldn't risk it either. 

 

You're so close to the end of your immigration journey, it's not worth it IMO. 

[YvetteS 178]

13 minutes ago, .yana said:

Personally, I don't think going on vacation means you no longer live where you live so I would say this is very much open to the interpretation.

But if VJ users say that they have seen denials based on this alone - I wouldn't risk it either. 

 

You're so close to the end of your immigration journey, it's not worth it IMO. 

I agree with you. I guess the issue in my case is I will be going on a very long vacation, which raises doubts.

I appreciate everyone's input. I'm very grateful for this community.