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shadoe

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I have a this scenario, where I would like to file N400 for me and my spouse at same time. Sounds straight forward !
read on...

I am currently in US. But my spouse is traveling to India an will stay about 2 mos and will be returning before Christmas. We are eligible to file on Dec 1st. All the paperwork has been done, signed and post dated.

Question is, can I mail my spouse's documents with mine ? I am sure FP takes least 4 weeks from PD, and we both can make it in time.

PS: we don't want to delay the application process even a day due to certain circumstances.

Thanks
 
If you send it now, your spouse will miss her fingerprinting appt, you can re-schedule that but it will be the same thing as waiting for DEC 1st instead and having her here. The fingerpriting is the important step and after that is when the process really starts, with that said, if you send your application today but because she is away she will be missing that FP appt and she will have to re-schedule, then is the same thing as appliying on a later date. I hope I didn't confuse you.

When is she/he leaving?

Are you appliying Dec 1 or now?....I think I missundertood you. If you are filing Dec 1st then make sure to check your DO's processing time, we have had a lot of cases where they apply 90 days before the anniversary of the 3 or 5 years and have been getting Interview before the anniversary so this is making a delay on the oath date. My advice is wait a least 60 days if your DO is one of the ones that are processing applications quickly.
 
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We are due in dec 1st to apply, not now. Probably she will be returning by dec 10/14 , by then I am sure we might or might not have FP letter in hand. And I guess that should be ok.

DO is Raleigh/Durham

Thank you very much for the quick reply
 
shadoe said:
I have a this scenario, where I would like to file N400 for me and my spouse at same time. Sounds straight forward !
read on...

I am currently in US. But my spouse is traveling to India an will stay about 2 mos and will be returning before Christmas. We are eligible to file on Dec 1st. All the paperwork has been done, signed and post dated.

Question is, can I mail my spouse's documents with mine ? I am sure FP takes least 4 weeks from PD, and we both can make it in time.

PS: we don't want to delay the application process even a day due to certain circumstances.

Thanks
Click to expand...

I remember some pro mentioning in one of the posts not long ago that in such a situation she will only be eligible to file once she returns back to the US. There is a residency clause and she will fulfill the residency requirement only once she reaches the US (assuming she had stayed for at least 3 months at the same location before she went to India).
 
it says: "Resided in the district or state in
which I am applying for citizenship for
the last three months." Now does that mean LIVING as (my home, DL, work) is there or does the person has to BE THERE (in person) for the last 3 months. To me it looks like I live, work, etc there not stay there for that period. Please help on this!?!
 
Go ahead and send it.
Should your wife not make it for FP, don't worry. No need to reschedule. The FP notice states that the applicant could go any following given day of the week (it changes from ASC to ASC) for the next 12 weeks.
 
Mimi1212 said:
it says: "Resided in the district or state in
which I am applying for citizenship for
the last three months." Now does that mean LIVING as (my home, DL, work) is there or does the person has to BE THERE (in person) for the last 3 months. To me it looks like I live, work, etc there not stay there for that period. Please help on this!?!
Click to expand...

You are right! You don't have to "live" there for 3 months. You have to only "reside" there. That is why you do not have to wait for 3 months after returning back. You can return and apply the next day provided you have resided there at least 3 months before you went and continued to maintain the house/apartment. But for some reason the residency requirement will only be fulfilled if you come back to your residence (Don't ask me why). I will see if I can find that thread and post the link.
 
You guys are great

We do fulfill residency clause, which says applicant should have been residing in particular place/region to qualify for applying to the assigned DO. Not sure if I have misunderstood that clause and scenario here might or might not violate it.

Also, in the application I have to mention the travel date going out of country and coming in as blank. Will that be an issue ? That is where my doubts became stronger and landed here for the advice
 
shadoe said:
Also, in the application I have to mention the travel date going out of country and coming in as blank. Will that be an issue ? That is where my doubts became stronger and landed here for the advice
Click to expand...

You would leave return date blank and she will be able to update it at interview.
 
shadoe said:
I have a this scenario, where I would like to file N400 for me and my spouse at same time. Sounds straight forward !
read on...

I am currently in US. But my spouse is traveling to India an will stay about 2 mos and will be returning before Christmas. We are eligible to file on Dec 1st. All the paperwork has been done, signed and post dated.

Question is, can I mail my spouse's documents with mine ? I am sure FP takes least 4 weeks from PD, and we both can make it in time.

PS: we don't want to delay the application process even a day due to certain circumstances.

Thanks
Click to expand...


Ofcourse you can, but make sure that his/her signature/date matches her presence in US and within his/her 5 year LPR aniversary.

You have to be physically be in US to fill application.

Let's say - Your spouse going to India tomorrow for 3 months.
He/She is eligible to fille out N-400 on November 1 of this year.
He/She is out of country and can't sign and date it with November 1st.

She/He have to wait with travel until eligibility date or after getting US Passport
 
Uncle Joe said:
Ofcourse you can, but make sure that his/her signature/date matches her presence in US and within his/her 5 year LPR aniversary.

You have to be physically be in US to fill application.

Let's say - Your spouse going to India tomorrow for 3 months.
He/She is eligible to fille out N-400 on November 1 of this year.
He/She is out of country and can't sign and date it with November 1st.

She/He have to wait with travel until eligibility date or after getting US Passport
Click to expand...

UJ is correct. The person has to be physically present in US on the date he/she is signing application. You can not have post dated signatures and send application on that day and physically that person is not there in US on that day. In this scenario, when you are providing travel info in application you will be having all dates (start and return date) with you and there is no question of leaving return date blank.
 
Uncle Joe said:
Ofcourse you can, but make sure that his/her signature/date matches her presence in US and within his/her 5 year LPR aniversary.

You have to be physically be in US to fill application.

Let's say - Your spouse going to India tomorrow for 3 months.
He/She is eligible to fille out N-400 on November 1 of this year.
He/She is out of country and can't sign and date it with November 1st.

She/He have to wait with travel until eligibility date or after getting US Passport
Click to expand...

So you mean that she can sign now , dated today and leave. And I just post the application on Dec. Is that right ?
 
shadoe said:
So you mean that she can sign now , dated today and leave. And I just post the application on Dec. Is that right ?
Click to expand...

Depends on when are u eligible to apply for N-400. If you are eligible today, she can sign today and leave any time after signing. If that is the case you can mail the application today itself.

But suppose you are going to be eligible on 1st Nov and your wife is leaving tomorrow then if she sign application with today's date and you mail application on 1st Nov. My understanding is application will be denied by USCIS because on 10th Oct (when she signed), you were not eligible for N-400 filing and they will not return/refund the fee. Because USCIS goes by date application is signed and not by date they have received the application. This is what I have read and based on my understanding (not a legal view off-course).:D
 
sunks said:
UJ is correct. The person has to be physically present in US on the date he/she is signing application.
Click to expand...
That is incorrect. There is no requirement to be physically in the US when signing or mailing the application. There was a court case over this, and the applicants who applied when they were temporarily outside the US won the case.
 
Jackolantern said:
That is incorrect. There is no requirement to be physically in the US when signing or mailing the application. There was a court case over this, and the applicants who applied when they were temporarily outside the US won the case.
Click to expand...

Jack - Here is an example for you. Eligibility date for filing 11/01/09. Wife signs N-400 application on 10/10/09 postdated as 11/01/09 and leaves US on 10/10/09. Not sure whether and how she would report her trip from 10/10/09. She is coming back on 12/01/09. Husband makes his application ready on 11/01/09 and send both applications together on 11/01/09 in same envelope. Do you think USCIS will accept the application? During interview IO can find out this and is it acceptable. Not sure if OP is willing to take chance and ready for big fight with USCIS (means spending lot of time, money, tension).
 
Hey, got idea, make Power of Attorney and sign for your spouse.
Attach an Explanation Letter and copy of Power of Attorney. That's gonna cost more $ but will be insured. I don't know, but it will help you to avoid possible mess during the interview.
 
Jackolantern said:
That is incorrect. There is no requirement to be physically in the US when signing or mailing the application. There was a court case over this, and the applicants who applied when they were temporarily outside the US won the case.
Click to expand...

Jack, you can't sign an official document with future date.
What if something gonna happened to that person before the date?
When you sign the document you dated.
It is illegal do things like that.
 
Uncle Joe said:
Jack, you can't sign an official document with future date.
What if something gonna happened to that person before the date?
When you sign the document you dated.
It is illegal do things like that.
Click to expand...

This goes into 2 aspects - legality and practicality.

#1. If it is illegal, it is illegal.

#2. Practically, the husband is of course not going to submit on Dec 1 if something changes. Also, could you not tell CIS that this was done over a courier service? As long as filing while not in US is allowed, explaining it should not be too hard.
 
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