Applying N400 while abroad?

A

applemaple

New Member
Hi, Would it be a good idea for me to apply N-400 now (while I'm abroad)? I've been resident Since 1/28/2015. My husband still lives in the state. (He filed divorce 6months ago but didn't proceed).
I didn't do anything until now. I thought I can get green card anytime since we have a child who has citizenship. But then, I realized that a child under 21 year old can not be a sponsor. My husband and my relationship is not strong. I don't want to rely on him regarding citizenship.
I'm making one day trip to the US before 6 months. I will come back to the US for finger prints and things. And I'm wondering if I should file N400 from here, now. I think I'm still married so I may apply as a 3 years resident or 5 years resident (apply 90 days before 5 years) I've lived at same when I was in the US.

2/11/2018 -3/1 (19 days)
9/21/2018 -10/15 (25 days)
4/23/2019 -10/16 (177 days)
(total 221days so far)
10/16/2019-
 
The dates are when I wasn't in the US. I made two short trips to abroad (my home country) on 2018. I'm in my home country from 4/23/2019. I'll make a super short trip on 10/16/2019 to not to break 6 months continuous residency rule.
 
applemaple said:
Hi, Would it be a good idea for me to apply N-400 now (while I'm abroad)? I've been resident Since 1/28/2015. My husband still lives in the state. (He filed divorce 6months ago but didn't proceed).
I didn't do anything until now. I thought I can get green card anytime since we have a child who has citizenship. But then, I realized that a child under 21 year old can not be a sponsor. My husband and my relationship is not strong. I don't want to rely on him regarding citizenship.
I'm making one day trip to the US before 6 months. I will come back to the US for finger prints and things. And I'm wondering if I should file N400 from here, now. I think I'm still married so I may apply as a 3 years resident or 5 years resident (apply 90 days before 5 years) I've lived at same when I was in the US.

2/11/2018 -3/1 (19 days)
9/21/2018 -10/15 (25 days)
4/23/2019 -10/16 (177 days)
(total 221days so far)
10/16/2019-
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“I think I’m still married” ?! You have to be living in marital union to apply marriage based.

You also have to apply in your state of residence. You are residing abroad. You need to look properly at the physical presence requirements. One day trips back are not sufficient to prove residence. You will be listing all your travel in your form. You clearly are not actually living in the US. If you want to apply for naturalization you need to move back first.
 
Some pertinent extracts for you

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. The residence in question “is the same as that alien’s domicile, or principal actual dwelling place, without regard to the alien’s intent, and the duration of an alien’s residence in a particular location measured from the moment the alien first establishes residence in that location.” Accordingly, 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 will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States

In general, an applicant for naturalization must file his or her application for naturalization with the state or service district that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing.

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:
  • The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse; or
  • The marital relationship is terminated at any time prior to taking the Oath of Allegiance.
 
applemaple said:
The dates are when I wasn't in the US. I made two short trips to abroad (my home country) on 2018. I'm in my home country from 4/23/2019. I'll make a super short trip on 10/16/2019 to not to break 6 months continuous residency rule.
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Based on your posts, you are not eligible to file Naturalization, neither through the 3-year in marital union to a USC rule, nor through the physical residence requirement rule. Many States require that you live in that State for a period of time to be considered a resident in that State.

Heck, CBP could find you ineligible for US re-admission and send you to an immigration judge if they determine you're gaming the system and not living in the US. Remember that a Green Card = Legal Permanent Residence.
 
Thank you for your answers!! And sorry for my late reply. I made the one day trip to make my situation better (or make my feeling better). I started thinking about staying Hawaii for 3 months or longer and apply for citizenship. But it seems like I need to establish jurisdiction, which means I need to stay there for 6 months or longer. Oh...
 
applemaple said:
Thank you for your answers!! And sorry for my late reply. I made the one day trip to make my situation better (or make my feeling better). I started thinking about staying Hawaii for 3 months or longer and apply for citizenship. But it seems like I need to establish jurisdiction, which means I need to stay there for 6 months or longer. Oh...
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Basically the naturalization rules are very easy to meet for people that actually live in the US, and difficult for those that try to game the system.

HI takes 7-15 months to process N400, so realistically you need 12-18 months, not 6 months, to establish residence and continue to meet the requirements for naturalization.
 
applemaple said:
I made the one day trip to make my situation better (or make my feeling better)
Click to expand...

In addition to what Susie already said above, making 1 day (or a couple of days) trip(s) for the purpose of maintaining your citizenship clock will not cut it. It will be seen for what it is by the IO - an attempt at gaming the system.

So you really need to rethink your plan before you outrightly loose everything (including your LPR status) as a matter of fact.
 
applemaple said:
Thank you for your answers!! And sorry for my late reply. I made the one day trip to make my situation better (or make my feeling better). I started thinking about staying Hawaii for 3 months or longer and apply for citizenship. But it seems like I need to establish jurisdiction, which means I need to stay there for 6 months or longer. Oh...
Click to expand...

You're neither living in, nor wanting to live in the US going by your recent history, most of which has been outside the US this year. You may be working overseas to support yourself. What do you need a green card or US citizenship for?
 
I have a child who has US citizenship. I supposed to live in the US with my husband and our child. But my husband's abusive behavior got worse last winter and spring, I needed to file restraining order. But I decided not to want to go to the court against my husband. So instead of going to the court, I left the US. (I have an agreement about our child with my husband in advance so it was not a kidnapping). I went back to my place of birth so that I can get help from my family.
Our child is doing very well here.(He used to not be able to make eye contact or talk or communicate with peers. Those issues are gone now.) I feel it's not right time to go back to the US. Because he seems recovering from the past experience. I want him to have stable environment. Ideally I want to him to have identity (learn who he is). The best is going back to the US 10 years later or so. But if I miss the opportunity for citizenship now, we won't be able to live in the US. He will lose majority of connection to the US...
And there is one more thing, custody. If we go back to the US now, we may not be able to leave the US any more. My husband can do that if he decides to do so. He is very volatile.
 
That’s all far more complicated than a simple naturalization question. Unfortunately the rules remain the same though, and from what you have described above and previously, you are not a candidate for a successful naturalization application without moving back to the US. That said, I wish you the best of luck in figuring out the best path forward for you and your son to be happy and safe.
 
applemaple said:
I have a child who has US citizenship. I supposed to live in the US with my husband and our child. But my husband's abusive behavior got worse last winter and spring, I needed to file restraining order. But I decided not to want to go to the court against my husband. So instead of going to the court, I left the US. (I have an agreement about our child with my husband in advance so it was not a kidnapping). I went back to my place of birth so that I can get help from my family.
Our child is doing very well here.(He used to not be able to make eye contact or talk or communicate with peers. Those issues are gone now.) I feel it's not right time to go back to the US. Because he seems recovering from the past experience. I want him to have stable environment. Ideally I want to him to have identity (learn who he is). The best is going back to the US 10 years later or so. But if I miss the opportunity for citizenship now, we won't be able to live in the US. He will lose majority of connection to the US...
And there is one more thing, custody. If we go back to the US now, we may not be able to leave the US any more. My husband can do that if he decides to do so. He is very volatile.
Click to expand...

That goes to my earlier post, you want support for yourself and your child in your country where your family is; and where you say your child is doing very well. It appears you no longer consider your husband your family. You have disavowed any connection to the US, hence gaming the system.

You may want to prioritize your child's welfare in your country, and not worry about the green card or US citizenship.

What is your home country?
 
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