90 day residence prior to filing N-400?

[Skyman 321]

With the wife in the Philippines right now and will return to the US in September at the 5 month mark. Showing off the new baby to the family. The end of September she will satisfy the 3 year LPR rule so really we could file the N-400 in a couple weeks.

 

The problem for us is the 90 rule. We travel a lot and full time in an RV. We have been receiving mail at a friend's house in Ohio for a year now.  Are we ok to file in Ohio? What are they going to want as proof of this?  Would a few credit card statements or bills suffice?

 

Also, if we file early, I doubt anything would happen in the first 90 days but in the unlikely event an interview came up before we got back, would we be able to delay that due to being out of the country?

[OldUser 6,602]

Just file when you're back in the US and reside for 90 days in one state. I'm not even sure if you can file N-400 overseas. My understanding is, it should be filed in the US. This will eliminate any potential issues with your current plan. Where do you pay state taxes?

Edited June 19 by OldUser

[JKLSemicolon 411]

What are you planning to list as your physical address?

[harry.st 62]

2 hours ago, OldUser said:

Just file when you're back in the US and reside for 90 days in one state.

 

You are more knowledgeable than me, of course, but, if they indeed reside in the same state, but move across USCIS office jurisdictions within said state, and submit AR-11s to that effect,  won't  that  trigger a change of USCIS office, and hence likely incur delays?

 

I think a better idea is to spend those 90 days in the same UCSIS office jurisdiction (ie not simply same state) (of course there may be case law I am not familiar with).

 

 

Edited June 20 by harry.st

[OldUser 6,602]

32 minutes ago, harry.st said:

 

You are more knowledgeable than me, of course, but, if they indeed reside in the same state, but move across USCIS office jurisdictions within said state, and submit AR-11s to that effect,  won't  that  trigger a change of USCIS office, and hence likely incur delays?

 

I think a better idea is to spend those 90 days in the same UCSIS office jurisdiction (ie not simply same state) (of course there may be case law I am not familiar with).

 

 

I'm not an expert in this field either. N-400 instructions say the applicant should reside for 3 months in a district or state before applying.

 

My suggestion for OP is to:

- Come back to the US

- Pick one place for residence, file AR-11, and wait for 3 months.

- File N-400 while living there

- Naturalize while living there

 

In my opinion, having friend's address doesn't help because USCIS is interested in physical address. If OP lived in RV moving around (no stable address) and now filing from overseas, I cannot see how the residence requirement is fullfiled.

[Skyman 321]

2 hours ago, OldUser said:

I'm not even sure if you can file N-400 overseas.

You can file online, right?

We don't pay state income tax. We have DLs and plates from Alaska and spend a good bit of time in Texas. I'm retired and she stopped working when she got pregnant. We've been using a friend's address for some time and would like to use that.

[Ontarkie 14,214]

9 minutes ago, Skyman said:

You can file online, right?

We don't pay state income tax. We have DLs and plates from Alaska and spend a good bit of time in Texas. I'm retired and she stopped working when she got pregnant. We've been using a friend's address for some time and would like to use that.

You will need to file in the state your DL, plates and insurance coverage is in. You can't just start using someone address and call that your residence. 

You don't pay state income tax but how about federal taxes, what is the address you list on that? 

 

[Skyman 321]

33 minutes ago, Ontarkie said:

You will need to file in the state your DL, plates and insurance coverage is in. You can't just start using someone address and call that your residence. 

You don't pay state income tax but how about federal taxes, what is the address you list on that? 

 

We pay Federal taxes using my friend's address.

[Skyman 321]

Does someone have a link to the actual wording on this rule?  I checked on uscis.gov/n-400 and I couldn't find anything specific. It was all about the continuous presence 3yrs/18 months, since we're married.  She had the 18 months, 18 months after getting her GC.

[OldUser 6,602]

3 hours ago, Skyman said:

Does someone have a link to the actual wording on this rule?  I checked on uscis.gov/n-400 and I couldn't find anything specific. It was all about the continuous presence 3yrs/18 months, since we're married.  She had the 18 months, 18 months after getting her GC.

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.1

 

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5

 

It's worth quoting the definition of residence:

 

"General.  Unless otherwise specified, for purposes of this chapter, including § 316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location."

 

In other words, this is the place you sleep at night. The actual physical location. You cannot call your friend's address that place.

 

In addition, don't forget, the burden of proof is on you. If your car is not registered at the address, if you don't pay the utility bills at the address, if your your and wife's IDs doesn't show this address (this is typically one of the first questions at the interview) - you're not going to have a smooth ride.

 

This is why I highly recommend following the steps to ensure there's no denial:

- Establish a firm physical address in the US

- Get all the IDs, other evidence updated to that address

- Live there for 3 months

- Apply for N-400

 

I'm not a lawyer, but based on how I understand the law, your case will be in trouble if you don't take steps to overcome these potential issues.

 

Good luck and keep us updated!

Edited June 20 by OldUser

[mam521 2,056]

My question would be how can you prove residency if you've been on the move?  Also, does she meet the physical presence requirements?  

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

 

It's pretty clear you have to be settled for 90 days in one spot to file and have proof that you're settled.  

 

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1427&num=0&edition=prelim

 

It's citizenship.  You really don't want to attempt to skirt USCIS when you're this close to the finish line only to misrepresent and be denied. 

[SteveInBostonI130 3,432]

In order to file N-400 online, the website will guide the applicant through a questionnaire.  Based on the answers, including residency in the US and residency in the State data, it will state whether the applicant qualifies or not.