3-months physical residence before filing is absolutely required?

[ruiyu25]

I got my GC approved on Feb 25th, 2005. Since then I have been continuously living in the states except for a few trips aboard accumulated not longer than 5 months in total. I recently got a job offer from a Chinese company in China and start date is in September. If I move to China in September, I can't fulfill 3-month residence requirement before the filing. I am afraid the company can't wait me for 3 more months. I live in New Jersey and do not own any property. Is the 3-months residence absolutely required? Is there a way that I can still move to China in September but come back later to file the application? Like to file in different states? I heard from a lawyer that only 13 states have strict requirement on this. Please advise. Thank you so much!

 

[NewRunner]

I got my GC approved on Feb 25th, 2005. Since then I have been continuously living in the states except for a few trips aboard accumulated not longer than 5 months in total. I recently got a job offer from a Chinese company in China and start date is in September. If I move to China in September, I can't fulfill 3-month residence requirement before the filing. I am afraid the company can't wait me for 3 more months. I live in New Jersey and do not own any property. Is the 3-months residence absolutely required? Is there a way that I can still move to China in September but come back later to file the application? Like to file in different states? I heard from a lawyer that only 13 states have strict requirement on this. Please advise. Thank you so much!

If you became an LPR on Feb 25th, 2005, the earliest you will be able to apply for naturalization is 90 days prior to Feb 24th, 2010, which is around November 25th, 2009. If you leave the U.S. prior to your 5-year anniversary date, you will have to return within six months to maintain the 5-year continuous residency requirement.

Also, since you are leaving the U.S. to work for a foreign company abroad and not a U.S. company, you will not be able to file an N-470 to preserve your continuous residence for naturalization purposes. If you were leaving to take a job with a U.S. company in China, an approved N-470 would preserve your continuous residency.

The issue for you is less whether you can meet the 3-month district requirement, but rather whether you can actually achieve the 5-year continuous residence requirement if you leave in September for a re-location to a foreign country as part of a new job with a foreign employer.

Incidentally, the 3-month district/state residency is a hard and fast requirement, and it is generally only waivable for military naturalization applicants.

I am not sure what you asked the lawyer and what advice you received in return, but the states have absolutely nothing to do with adjudicating applications for benefits provided under the Immigration and Nationality Act (INA). Naturalization is one such benefit and these applications are adjudicated by USCIS, a Federal agency, under the specific rules and conditions stipulated by the INA, and naturalization oaths are administered by both USCIS and Federal district courts.

You can file for naturalization when you re-locate back to the U.S. but applying for naturalization from a foreign country without the benefit of an approved N-470 and without meeting the 3-month district/residency requirement will be grounds for denying your application.

 

[vettipuls]

This has been hashed and repeated many times before in this forum. The 3 months residence requirement is not immediately preceding filing of your N400 but merely states that you should have lived in that district anytime during the past 5 years since you became a PR. It is not required that you go for a trip, then come back live for 90 days and then only file.

I got my GC approved on Feb 25th, 2005. Since then I have been continuously living in the states except for a few trips aboard accumulated not longer than 5 months in total. I recently got a job offer from a Chinese company in China and start date is in September. If I move to China in September, I can't fulfill 3-month residence requirement before the filing. I am afraid the company can't wait me for 3 more months. I live in New Jersey and do not own any property. Is the 3-months residence absolutely required? Is there a way that I can still move to China in September but come back later to file the application? Like to file in different states? I heard from a lawyer that only 13 states have strict requirement on this. Please advise. Thank you so much!

 

[Jackolantern]

This has been hashed and repeated many times before in this forum. The 3 months residence requirement is not immediately preceding filing of your N400 but merely states that you should have lived in that district anytime during the past 5 years since you became a PR.

It is a little more strict than that; although the 3 months requirement does not mean physically being in the district for 3 months immediately preceding your application, you need to be still living in the district when you apply and keep living there during the process. If you move to a different district after applying they'll delay your case until you've completed 3 months in the new location.

 

[ruiyu25]

thanks for everyone's response.
This is what I understand: Living in NJ (I have been living in NJ since July 2007 to now) for 3 months immediate prior to the filing (Nov 25, 2009) is not required. As long as I can prove that I have lived in NJ for at least 3 months which I qualify I can file the application in NJ. Am I correct?
Thanks again!

 

[Jackolantern]

thanks for everyone's response.
This is what I understand: Living in NJ (I have been living in NJ since July 2007 to now) for 3 months immediate prior to the filing (Nov 25, 2009) is not required. As long as I can prove that I have lived in NJ for at least 3 months which I qualify I can file the application in NJ.

You need to live there for the 3 months prior; you just don't need to be there physically for those 3 months. You could live in NJ for several months, take a trip overseas for 4 months, then return and apply, provided you have kept your residential ties to NJ while you were abroad. In addition, you still need to be living in NJ when you apply (again, not physically, but in terms of maintaining residential ties).

 

[NewRunner]

OP is not going to meet the 5-year continuous residency requirement before Feb 24th 2010 and he has indicated that he will be leaving the country in September, 2009 for a job related long-term re-location. I am not sure how the 5-year continuous residency requirement is going to be met at all. Am I missing something?

 

[Jackolantern]

OP is not going to meet the 5-year continuous residency requirement before Feb 24th 2010 and he has indicated that he will be leaving the country in September, 2009 for a job related long-term re-location. I am not sure how the 5-year continuous residency requirement is going to be met at all. Am I missing something?

You're right, the 3-month district requirement is practically moot, because of the larger issue of the 5-year continuous residence requirement.

 

[ruiyu25]

I plan to return in Feb 2010 for a short visit which is less than 6 months from September 2009, the time I plan to move. So I think I will meet the 5-year continuous residency. From Feb 2005 to Feb 2010, I have never and will never take a trip aboard longer than 6 months. The total months I am out of country will be approximately 10 months. In this case, am I eligible for applying in Feb 2010?
thanks again for your input!

 

[Jackolantern]

I plan to return in Feb 2010 for a short visit which is less than 6 months from September 2009, the time I plan to move. So I think I will meet the 5-year continuous residency. From Feb 2005 to Feb 2010, I have never and will never take a trip aboard longer than 6 months. The total months I am out of country will be approximately 10 months. In this case, am I eligible for applying in Feb 2010?

You might have a chance if you have stopped working in that overseas job and have moved back to the US by Feb. 2010. Otherwise if you plan to continue with that overseas job during the naturalization process your chances of denial are high.

 

[sri69]

Depending on your area of work, you might consider looking for a job domestically in the USA before working overseas if you are strongly considering naturalizing next year. If you are overseas, and miss an appointment, or miss a letter, etc. there are many risks to an overstay condition.

I'm not trying to downplay your current job offer, but there are other fish in the sea... and may not be worth jeopardizing your naturalization if it is important to you.