3 months presence in state before filing N-400

user365

New Member
i want to apply for US citizenship. I have green card since October
31, 2001. So I am eligible to apply after July 31, 2006, that is, 3
months before the 5 years residency is completed. I came back to USA
(from a 5 month trip to another country) on July 16. So am I eligible
to apply for citizenship beginning of August ? I am a "continuous"
resident of California all along (since no trips exceed 6 months), but
do I have to be physically present in California for last 3 months
before application
(which I have not been yet, as I just returned from
5 month trip outside USA on July 16, 2006) ?
 
user365 said:
i want to apply for US citizenship. I have green card since October
31, 2001. So I am eligible to apply after July 31, 2006, that is, 3
months before the 5 years residency is completed. I came back to USA
(from a 5 month trip to another country) on July 16. So am I eligible
to apply for citizenship beginning of August ? I am a "continuous"
resident of California all along (since no trips exceed 6 months), but
do I have to be physically present in California for last 3 months
before application
(which I have not been yet, as I just returned from
5 month trip outside USA on July 16, 2006) ?

You can apply now because you were a CA resident prior to your trip, continue to be a CA resident today, and thus already fulfill the 3 month state residency req.
 
user365 said:

I don't really agree with the reply that you are getting on that Google thingie!! The 3 months is for residency and not "physical presence". I sent my N400 application 3 months ago, however, my wife is gonna mail hers next week which is a day after she returns from a 2 months vacation overseas. So I hope that I am right. What I am saying is based on my interpretation of the requirements as well as other people opinions on this board and some other boards. I asked the same question a few months ago.
 
You only need to have a minimum of 3 months "residency" (aka domicile) in a district in order to file N-400 in that district. Physical presence is not required beyond the normal "continuous residency" requirements.
 
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