how to calculate the 3 month residency of state for citizenship

[Jingjing520 0]

Dear friends

 

I will be eligible to apply for U.S citizenship  in July 2025 (5 years to apply on my own). I have been living in Seattle, Washington since 2021. However, I will reside in China for five consecutive months from February to July 2025, while still maintaining my address in Seattle. I meet all the requirements except for this one: the 3-month residency requirement. My confusion is as follows: Since I plan to apply for citizenship in July 2025, does the 3-month residency mean that I must  to reside back in Seattle physically in June, May, and April 2025?

 

Or rather, because I have been living in Seattle since 2021, even if I am not in Seattle from February 2025  to June 2025, I still meet the 3-month residency requirement.

 

So my question is the 3-month residency  should be right before the moment I filling the application paperwork? Thank you so much for your help. I really appreciate it.

 

 

so it helps me to decied that :

 

(1) Should I come back at april,2025 to meet the 3 month residency so I can apply the citizenship at July,2025

 

or 

 

(2) I can stay in china all the way until June,2025 and come back to seattle and still be eligible to fill the applicaton at July,2025

 

Thank you again.

 

Edited July 29 by Jingjing520

[Jingjing520 0]

my question is about the 3 month residecy . 

 

thank you

Edited July 29 by Jingjing520

[JeanneAdil 6,491]

Continuous Residence and Physical Presence Requirements for Naturalization | USCIS

 

need to read continuous residency requirements  and the  following 

 

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

[Jingjing520 0]

5 minutes ago, JeanneAdil said:

Continuous Residence and Physical Presence Requirements for Naturalization | USCIS

 

need to read continuous residency requirements  and the  following 

 

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Thank you.So I do need to come back at April,2025 if I want to file the application at July,right?

[Jingjing520 0]

Do I need to Physically present in the U.S. for 3 month  from April 2025- June,2025,if I want to file my application at July,2025?

[Dashinka 24,487]

I am not seeing that a short-term stay in China for 5 months will impact Continuous Residency.  As to physical presence, that is based on all your time in the US over the the period from when you received your green card, and when you file the N400, have the interview and take the oath.  Have you been outside the US for more than 2.5 years since getting your GC?

 

Good Luck!

[Jingjing520 0]

1 hour ago, Dashinka said:

I am not seeing that a short-term stay in China for 5 months will impact Continuous Residency.  As to physical presence, that is based on all your time in the US over the the period from when you received your green card, and when you file the N400, have the interview and take the oath.  Have you been outside the US for more than 2.5 years since getting your GC?

 

Good Luck!

Thank you for your reply. I am not worrying about my continuous residence. What I am worried about is I might don’t meet the 3 month residency before filing the application because I will be in China for that 5 month before I filing the applications. 

[Dashinka 24,487]

54 minutes ago, Jingjing520 said:

Thank you for your reply. I am not worrying about my continuous residence. What I am worried about is I might don’t meet the 3 month residency before filing the application because I will be in China for that 5 month before I filing the applications. 

But you said you were not changing or closing out your US residency while you are on your trip.  Being outside the US for less than 6 months generally do not impact continuous residency.

 

Good Luck! 

[milimelo 4,477]

1 hour ago, Jingjing520 said:

Thank you for your reply. I am not worrying about my continuous residence. What I am worried about is I might don’t meet the 3 month residency before filing the application because I will be in China for that 5 month before I filing the applications. 

Why not do your travel, return, wait the three months and THEN apply?

[OldUser 6,625]

6 hours ago, milimelo said:

Why not do your travel, return, wait the three months and THEN apply?

That's the safest approach. I think we've seen somebody denied based on 3 months residency clause recently. From what I recall they went through I-290B and got N-400 re-opened and approved. But why even give USCIS an opportunity to deny?

[appleblossom 2,478]

 

7 hours ago, milimelo said:

Why not do your travel, return, wait the three months and THEN apply?

 

Yep, this is the best idea - or just return in the April as the OP mentioned, if that's an option. I think they're pretty strict on the 3 month requirement so wouldn't risk it personally. 

[Scandi 4,166]

Wait for three months after you're back in the US, whenever that'll be. Technically a five month vacation shouldn't be an issue, but there was a thread just a week ago about someone who visited their home country for three months and was denied because the IO determined that the applicant didn't live in the state three months before filing. From my understanding, the applicant didn't change anything in the US (still same address for several years, driver license, etc) and yet the IO denied him. So if it was me, I wouldn't take the risk of getting a nitpicky IO and just stay in the US for three full months before filing. 

[Lil bear 4,188]

5 hours ago, Scandi said:

Wait for three months after you're back in the US, whenever that'll be. Technically a five month vacation shouldn't be an issue, but there was a thread just a week ago about someone who visited their home country for three months and was denied because the IO determined that the applicant didn't live in the state three months before filing. From my understanding, the applicant didn't change anything in the US (still same address for several years, driver license, etc) and yet the IO denied him. So if it was me, I wouldn't take the risk of getting a nitpicky IO and just stay in the US for three full months before filing. 

Agree to these comments. The case referred to seemed to be an aberrant application of the 3 month rule .. but its a pain to have to negotiate the system when the IO gets to decide how things will be interpreted. Play it safe and file 92 days after you return 

[Skyman 321]

If you're maintaining the US residence, no problem.