Filing N400 right after 2 months vacation (out of country)

[JACKP 56]

Hello,

 

I would be eligible based on (90 Day period) on Dec 1st, 2023 to apply for N400 (3 year Marriage eligibility). We have been staying in US for entire 3 year period. We will be traveling out of USA on vacation (visiting multiple counties ) from Nov 1st week and coming back on 1st week of Jan 2024. I have below questions and any help on those would mean a lot!.

1) Would I be able to apply right after we are back in US (Jan 1st week)?

2) Do I still qualify for 3 Months Residency period rule, as we will be out for 2 months right before applying  \(We have been staying in same address for more then 4 years)?

3) If not, do i need to wait 3 months from Jan to apply for N400 ?

4) If the form is only and i am eligible in Dec, Could i still apply online when i am on vacation from out of USA ?

 

Appreciate any feedback on these, thanks !

[Mike E 11,739]

1. IMHO no. Where you sleep matters and that is my interpretation of the law.

 

2. Same as number 1 to me. No

 

3. I believe you would be fine if you apply February 21, because the majority of your days in the previous 3 months would be in your state of residence. Assuming you stay inside your state continuously from Jan 1 to Feb 21.

 

4. For each trip, the form asks for the date you departed the U.S. and date you returned to the U.S. If you are not in the U.S. on the day you file, I do not understand what day you will enter for the day of return. So, no. At least not without perjury.

[JACKP 56]

8 hours ago, Mike E said:

1. IMHO no. Where you sleep matters and that is my interpretation of the law.

 

2. Same as number 1 to me. No

 

3. I believe you would be fine if you apply February 21, because the majority of your days in the previous 3 months would be in your state of residence. Assuming you stay inside your state continuously from Jan 1 to Feb 21.

 

4. For each trip, the form asks for the date you departed the U.S. and date you returned to the U.S. If you are not in the U.S. on the day you file, I do not understand what day you will enter for the day of return. So, no. At least not without perjury.

 

Thanks!. One thing i am a still a bit confused on. Why would i only need to wait will Feb 24 ?. Don't i have to wait for full 3 months ? I.e from Jan to April ?

[jackiegringa 419]

11 hours ago, JACKP said:

1) Would I be able to apply right after we are back in US (Jan 1st week)?

I would say yes because vacation isn't moving to another country and your residence doesn't change when you're out of the US, unless you're staying over 6 months which gets to break continuous residency for immigration purposes.

 

However, if this is a grey area for USCIS and there's no way to find out exactly what's the procedure (something similar happens when people separate but don't divorce during ROC) waiting another couple of months won't matter in the grand scheme of things, specially now when naturalization is going fast.

 

Personally I'd apply ASAP but understand being risk aware and wanting to be very sure. Applying in February will mean that in the last 90 days from submission (dec-jan-feb) you would have spent 2/3 of them inside the US, no need to wait until April for 100% of the days.

[Mike E 11,739]

2 hours ago, JACKP said:

 

Thanks!. One thing i am a still a bit confused on. Why would i only need to wait will Feb 24 ?. Don't i have to wait for full 3 months ? I.e from Jan to April ?

I asume you had a lease before you re-entered the  U.S.  

 

if so, and you spend the majority of those 3 months in the U.S. then I think you are good 

[Mike E 11,739]

Relevant: OMG

 

 

[JeanneAdil 6,491]

this is the section MikeE refers to that covers the 3 month residency rule

 

An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. 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.^[11]l

From 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

[JACKP 56]

5 hours ago, JeanneAdil said:

this is the section MikeE refers to that covers the 3 month residency rule

 

An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. 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.^[11]l

From 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

Thanks for pointing out!

[JACKP 56]

7 hours ago, Mike E said:

I asume you had a lease before you re-entered the  U.S.  

 

if so, and you spend the majority of those 3 months in the U.S. then I think you are good 

Thanks for the great feedback and the link for the topic!

[JeanneAdil 6,491]

17 hours ago, JACKP said:

Thanks for pointing out!

its just as Mike E said in his post