Worried about my N400 application now - 3 month residency rule

[astroboy3545 59]

I applied for my N400 on June 18th (I am eligible under the 5 year rule). However before I applied, I was out of the country for 1.5 months visiting my dad was who in the end stages due to stage 4 cancer (I returned after he passed away and the funeral was over) on June 14th. 

However reading this post  , I am beginning to worry if I made a mistake by applying too early.

 I did maintain ties to the residence while I was away (paying mortgage payments monthly, other bills, still employed by the same company) and I have been living at this residence for close to 6 years now.  I also meet the physical Prescence requirements quite easily since counting the last 65 months since I became a permanent residence, I have been in the country for a total of 54 months. 

While I dont have an interview date scheduled yet, I am wondering, what documentation should i prepare to show that I did maintain a residence in the US while I was away. 

Thoughts on inputs would be much appreciated. 

[mniceguy16 186]

6 hours ago, astroboy3545 said:

I applied for my N400 on June 18th (I am eligible under the 5 year rule). However before I applied, I was out of the country for 1.5 months visiting my dad was who in the end stages due to stage 4 cancer (I returned after he passed away and the funeral was over) on June 14th. 

However reading this post  , I am beginning to worry if I made a mistake by applying too early.

 I did maintain ties to the residence while I was away (paying mortgage payments monthly, other bills, still employed by the same company) and I have been living at this residence for close to 6 years now.  I also meet the physical Prescence requirements quite easily since counting the last 65 months since I became a permanent residence, I have been in the country for a total of 54 months. 

While I dont have an interview date scheduled yet, I am wondering, what documentation should i prepare to show that I did maintain a residence in the US while I was away. 

Thoughts on inputs would be much appreciated. 

Paying the mortgage and also keeping your job while out of the country for 6 weeks is enough proof of maintaining ties, also bills are another proof. 6 weeks is not a lot of time to worry about, focus on studying for your interview and you may wanna have some sort of proof of your dad’s passing added to your file as proof too. There is not much to worry about here. Sorry for your loss and good luck. 

[astroboy3545 59]

Thank you for my response. Here is what I am planning to do.

1. Prepare a document which explains my absence from the country prior to the filing explaining the reasons why (provide scanned documents of my dad's diagnosis, reports from doctor home visits and eventual death and burial certificate) 

2. In addition to the document above, also highlight details which establish ties to the residence namely

1. the purchase/title deed of the residence in july 2018
2. Mortgage payments for the three months (to be safe)
3. Comcast/internet bill payments for the three months
4. Electric bill payments for the three months
5. Paystubs from my company for 3 months (its a very well known tech company in the Seattle/Redmond area so i am hoping it carries some weight -who knows)
6. I already had uploaded a letter from the company that I have been employed by them since July 2016 to date (ill append it to the document as well) 
   
   Now the open question is should I upload this now or prepare the doc and carry it with me to the interview. I like to be prepared and proactive (and thats why I am kicking myself for misunderstanding the three month rule). If I upload it now and add it to the supplemental documentation, its part of the the application for them to review at any time but it also draws their attention to the fact that i was not physically in the country in the address on file for three months prior to the application. 
   
   All because I misunderstood one line in the application..ugh....

[Ellie_7 103]

@astroboy3545 Whatever happens with your application, please keep us updated. Wishing you success.

 

[bakphx1 789]

You shouldn’t have a problem since you didn’t move during that time.  Six months away is when you would start to worry.  I think you’re overthinking it. 

[Scandi 4,154]

That seems to have been a very rare case, most people can travel just fine as long as they don't move. 

[astroboy3545 59]

Thank you everyone who responded. Here is my current plan of action

 

1. Today morning, I sat and prepared  a document which basically states all the ties I have to my residence namely (along with scanned copies of the relevant documents)

1. The title deed when we got the house (showing when we got it and length of duration)
2. the mortgage being paid ( I am showing 4 months of it to cover the time I was out - might be overkill but I wanted to show continuity)
3. Home insurance for the last 6 years
4. utilities and bills I paid while out of the country (Internet/electricity)
5. My and my wife's state driver licenses which have our house address showing both have it as our place of residence

2. In this document, I also tried to establish how I kept my job in the United states (Hence showing I was maintaining ties) while out of the country by showing payslips for the last 3months (during and preceding the trip) along with a letter from the company which states I have been working with them for the last 7.5 years 

3. As part of the document, I also included a discharge summary from the hospital where my dad was diagnosed along with the  summaries written by doctors during home visits and a copy of his death and burial certificate to establish the need for my travel (and not sure if there are humanitarian grounds, but i wanted to ensure if documentation was needed, I dont miss it)

All said and done, while I might never need this document, I am just trying to be proactive. I read a number of cases and it seems like at the end of the day it depends on the IO to interpret how living/residing is actually construed (whether its physically living/or just maintaining a residence) and I have read both scenarios happening (acceptance/denial)

If the worse comes to the worse and I am denied, considering the fact that I can apply again is a deep source of relief to me. Having to shell out another $710 dollars for it will be annoying but thankfully I have the financial ability to pay for it and I am grateful. That said, I am not travelling anywhere for a year, so in a couple of months , if the worse comes to it, I can still reapply once I meet the three month mark. 

This is me just ranting but I am usually extraordinarily careful in things like this and not taking the time to read upon what the interpretations of the three month rule might mean is annoying. I also feel now when I think about it is that my application was a knee jerk reaction to my dad's passing since my dad was working in the US in the early 90's and he decided to move back when my mom was pregnant with me and he used to often tell me that he wished he had stayed 6 more months so that I was born there and I now dont have to go through all this now, so maybe I am just trying to fulfil his desire for him. 

Anyway will keep you posted and thank you for your advice and input. If you have any other feedback or anecdotal information which might help, please feel to send them my way.

Edited July 14 by astroboy3545

[Patrick Lee 7]

Congrats dude, how long did the whole process take you? I got my green card 2015, filed for I751 2018. I didnt hear anything till 2021 when I filed for N400 via my attorney. called for Naturalization interview Dec 2022. Passed the interview but was hung up for i751 which is still pending. I kept on contacting USCIS. On Sept 11, 2024 they activated my case which reads, "

Case Status Online

Case Is Being Actively Reviewed By USCIS

As of September 11, 2024, we are actively reviewing your Form N-400, Application for Naturalization, Receipt Number IOExxxxxxxx. Our records show nothing is outstanding at this time. We will let you know if we need anything from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

This is where I am currently. Who knows when am likely to be called up, or when my case is likely to come to an end?

 

Tnx.