Filing under 3 year rule- Questions (Merged)

[Crazy Cat 41,844]

*****Similar topics merged****

[beloved_dingo 1,976]

21 minutes ago, Gdhusa18 said:

Hi,

 

I got my PR in June 2019, and my husband has been a US citizen since Dec 2020. I am planning on applying for marriage based naturalization in Dec this year. In the last 5 years I have 338 days outside the US, and in the last 3 years I have 294 days outside the US. During the pandemic we took a trip to help our aging parents from Oct 3rd to March 20th 2021 (167 days), and another trip from March 26 2021 to July 9th 2021 (104 days). One month prior to the first trip, we moved to our brother's house and continued to use that house until July 28th when we decided to move from the east coast to the west coast. My husband continued to work for his US based company during this time (we didn't intend to leave the US and was going to move when pandemic situation was ok and our parents were safe), and was on payroll with my brother's address. I was unemployed looking after our kids. 

 

Physical location:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - March 20 2022: Parents place (outside of US)

March 20 2022 - March 26 2022: Brother's place

March 26 2022 - July 9th 2022: Parents place (outside of US)

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

Should I put my east coast address for this whole duration, or should I put my parents address outside the US for those two trips? I have listed the options I have below:

 

"Information About Your Residence" Option 1:

2018-Aug 31 2021: East Coast

Aug 31 2021 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

"Information About Your Residence" Option 2:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - March 20 2022: Parents place (outside of US)

March 20 2022 - March 26 2022: Brother's place

March 26 2022 - July 9th 2022: Parents place (outside of US)

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

"Information About Your Residence" Option 3:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - July 9th 2022: Parents place (outside of US) --- This will be more than 6 months

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

Thanks

 

 

Trips overseas to visit family don't change your place of residence, so I do not think the parent's address should be listed in the Residence section. So the first option would accurately reflect your physical U.S. addresses within the last 5 years.

 

The latter section on trips out of the U.S. will cover the bases as far as giving USCIS the full picture. 

[Gdhusa18 26]

Thanks for the quick response. I didn't sign a lease or any other agreement with my brother. How can I show that was my actual residence? Will any of the following help?
 

1) Bank statements and tax filings that used the address

2) Husband's pay slips that were sent to the address

3) My drivers license which had the address

 

 

[Mike E 11,739]

25 minutes ago, Gdhusa18 said:

Thanks for the quick response. I didn't sign a lease or any other agreement with my brother. How can I show that was my actual residence? Will any of the following help?

I see no reason why you have to prove to USCIS you lived at a past address.

 

IME, for both my N-400 and my wife’s, USCIS did not ask.

 

You might be required to prove that you 

 

*  have lived in your current state or USCIS field office for 3 months prior to filing N-400. Your state drivers license works. Afaict, most people get asked for that.

 

*  did not exceed 3 * 365 / 2 = 547 days of absence. Given you are at under 300 days of absence, I doubt it.

 

Did you file AR-11s after each move?

[Gdhusa18 26]

1 hour ago, Mike E said:

Did you file AR-11s after each move?

I never filed an AR-11, I didn't realize this requirement until you mentioned. Is this going to be problem? I have moved twice since getting the green card. Should I get a lawyer to help with any issues here? 

 

1 hour ago, Mike E said:

1 hour ago, Gdhusa18 said:

Thanks for the quick response. I didn't sign a lease or any other agreement with my brother. How can I show that was my actual residence? Will any of the following help?

I see no reason why you have to prove to USCIS you lived at a past address.

Given I have two back to back trips that added together will be more than 6 months, I was under the impression that the officer can question my continuous residence. 

Edited September 12, 2023 by Gdhusa18

[Lil bear 4,199]

22 minutes ago, Gdhusa18 said:

I never filed an AR-11, I didn't realize this requirement until you mentioned. Is this going to be problem? I have moved twice since getting the green card. Should I get a lawyer to help with any issues here? 

 

Given I have two back to back trips that added together will be more than 6 months, I was under the impression that the officer can question my continuous residence. 

The requirement to file AR 11 is one of the requirements listed in “Maintaining your LPR status” which is usually sent with your GC or given with your visa. No need for a lawyer. E file  the AR11 for each US address change .. not for overseas visits .. use your relatives address for those periods if you had already moved out of your own residence.  Print off a copy of the AR11 and the confirmation email that is generated in response. Late filing is better than not filing 
 

The 6 month.. actually it is 180 days.. applies to individual trips not “ in total”. Yes repeated long trips, even if under 180 days each, can be questioned.. but you have good evidence of maintaining your US domicile while away.

The total number of days out of the country is the other number already quoted in previous replies .. overall you need to be physically present in the US for over 50% of the 3/5 year period relating to your application 

[Mike E 11,739]

33 minutes ago, Gdhusa18 said:

Is this going to be problem?

Unlikely. File AR-11 now for your current address.

[Gdhusa18 26]

1 hour ago, Lil bear said:

Yes repeated long trips, even if under 180 days each, can be questioned.. but you have good evidence of maintaining your US domicile while away.

Good to know that the evidence I have is good enough. Should I have a letter from my brother that I was living there?

 

 

Will file the AR-11 today. Thanks for guidance there. 

[Lil bear 4,199]

46 minutes ago, Gdhusa18 said:

Good to know that the evidence I have is good enough. Should I have a letter from my brother that I was living there?

 

 

Will file the AR-11 today. Thanks for guidance there. 

Nope. Just use his address. 

[Spotify 76]

On 9/10/2023 at 2:10 PM, Crazy Cat said:

I agree with @Mike E

I am Married to a U.S. Citizen | USCIS

 

General Eligibility Requirements

 

 

To be eligible for naturalization under section 319(a) of the INA, you must:

• Be at least 18 when you submit Form N-400, Application for Naturalization;
• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;
• Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;
• Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.

For more information, see the USCIS Policy Manual, Volume 12, Citizenship and Naturalization.

 

Hey there, I just saw this post and was wondering for our situation.  So my wife came here on a K1 visa back in 2019, but didn't get her GC until 2021.  We've been living together for over 4 years now.  Are we able to apply 90 days early under the 3 year rule?  I'm assuming we can?

Edited November 1, 2023 by Spotify

[Crazy Cat 41,844]

6 minutes ago, Spotify said:

 

Hey there, I just saw this post and was wondering for our situation.  So my wife came here on a K1 visa back in 2019, but didn't get her GC until 2021.  We've been living together for over 4 years now.  Are we able to apply 90 days early under the 3 year rule?  I'm assuming we can?

The length of time living together is irrelevant.  Both of the following must be true:

3 years as a Green card holder

3 years as a spouse of US citizen