90 day district rule immediately preceding filing?

M

mavsfan

Registered Users (C)
Hi,

I just came back after a 5 month trip from India. I am eligible to file now as I have completed 4 years and 9 months. I have lived in this district/state for almost 11 years. I satisfy the physical and continous presence requirements.

Should I wait for 90 more days since my return journey and then only file the N-400 or can I file now? Please advice. Thanks in advance.
 
You can apply it you've been a resident for at least 90 days in your district area. Since you already were a resident before your trip and have met the physical and continuous presence requirement you can apply now.
 
Thanks Bob

Thanks Bob. I am still worried as the rule book clearly states "90 days immediately preceding filing". This is not the case for me.
 
Bob,

I left the country on business trip June 1, 2008. Returned back from India on November 2, 2008. So the question is should I wait for November 2, 2008 + 90 days to satisfy the rule and then only file? Lot of my friends are saying I should. I am confused.

I guess the ambiguity is in "90 days immediately preceding filing" or "90 days preceding filing".
I have lived in the Dallas area since 1997.
 
Did you still have a home,mortgage, rent, credit cards, bank accounts etc to prove that you were still maintaining a residence where you will file?
 
Credit cards, bank accounts, valid drivers license, files tax returns for all years - YES
rent, mortgage - NO

Rented an apartment last week. Thanks.
 
Just because you were outside of India does not mean that you did not maintain residence in your old place, is what Bobsmyth is saying. If you have receipts with your old address, as you say you do, then you can prove that you kept your residence in your old apartment and were in India only temporarily.
 
I was in the same situation as you, mavsfan, when I came back from my trip abroad a few months ago. I wondered what I should do because the instructions did not sound very clear on the subject. Finally, I decided to file because, as other members of the forum stated, I had lived in the district for more than enough before I left the country, I had not broken my continuous residence, and I maintained bills here. I know my experience is not very helpful since I haven't had an interview yet. So, I guess I took a chance and I will let you know if it turns out to be the wrong move (if it's not too late for you, of course).
 
The requirement is to have been a resident in your district area for at least 90 days before you file. If you take a trip or go on vacation for a few weeks before you file it doesn't break your residency or interfere with your eligibility to file.
 
So how is the "resident" term defined? Is it the day you obtained DL or is it the date you accepted and started a new job in a new state?
 
Resident in this context means having your primary residence in the district as evidenced by the address on your driver's license or other official piece of identity.
 
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