Applying for N400 - complicated situation (3 Month Residency)

J

jlef

New Member
Hi,

Our situation is complicated and would need some advices from you.
We moved out of the country due to covid 3 month ago and are able to apply for N400 3 month early at the end of May. Since we are out of the country, we will be doing some short trips to avoid going over the 6 month limit. We are NY resident and own property there.

Here are my questions:
-We would like to file in NC as the processing time is 4 times faster as NY currently. We have family there and wanted to list there address as our residence since we may be living with them for 3 month due to the 3 month residency requirement. Is this possible knowing that we have an apartment in NY?
-What kind of documents do they ask for the 3 month residency?
-If we decide to stay outside of the US, can we apply for N400 and come back for fingerprinting and oath while listing our family's address as our residence?

Note that my company can issue a letter mentioning that we are out of the country for business expansion purpose.

Thanks a lot!
 
No, you cannot use a relative’s address to try game the system. They will expect to see a state-issued DL or non-DL ID at a minimum, if you have moved with such a short time before applying would likely require other evidence (utility bill, school reg for kids, etc).

Suggest you familiarize yourself with the continuous residence rule. Touching down between 6 month intervals during the process to try meet the letter of the law is risky. They will see your travel and employment history obviously so they will know you are actually residing outside the country.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
“the applicant’s residence is generally the applicant’s actual physical location regardless of his or her intentions to claim it as his or her residence”
“An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time”
 
Hi! I moved from one city to another within the same state. The field offices are different. Should I wait 3 months at my new location in order to satisfy the 3 months residency rule?
 
Nerijus said:
Hi! I moved from one city to another within the same state. The field offices are different. Should I wait 3 months at my new location in order to satisfy the 3 months residency rule?
Click to expand...

forums.immigration.com/threads/the-been-there-done-that-thread-life-in-the-us-after-dv.323061/post-2549171
 
If you own property in NY, pay NY taxes and have NY IDs, you are a NY resident. The very basic jurisdiction issue while considering residency is the address where you file taxes from.if your company can issue you a letter that you are working for them abroad and it’s a US based company then it’s a valid proof that you still maintain residency. Why try to fabricate evidence and commit fraud when it’s not needed?
 
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