Continuous Residence and N-400

LPR2020

LPR2020

New Member
My two children and I have been LPR since Jan 2020. However, I have frequently traveled abroad to visit my husband who works in the Middle East for an international company. I have spent a total of 940 days in the US so I meet the physical requirement. However, between September 2020 and March 2021, I was out of the US for 182 days as I couldn't return due to Covid restrictions. I hope to be able to explain my intent to IO during this long absence by showing IRS tax filing for the last 5 years, regular bank and credit card statements, and the fact that my brother and daughter (immediate family members) were in the US.
During my first two years in the US, I initially stayed with my brother till September 2020. From March 2021 till August 2022 I AirBnB in a few houses meanwhile shuttling between the US and ME to visit my husband (never more than 3-4 months at a time). I finally moved into a house with my daughter on a permanent lease. I am worried that IO will negatively view my period between Jan 2020 until August 2022 from 'maintaining' continuous residence point of view and also . How can I bolster my case of demonstrating my intent?
Also, the question in N-400 on writing all the addresses that I lived in the past 5 years, should I give address of my husband's residence in the Middle East during my visit abroad? Or, should I only mention my addresses in the US? Does someone has similar situation/experience? Any advice will be very much appreciated.
 
1. You always list the US address.
2.When you were in AirBnBs, you probably had an address in the US where mail was sent, right? Were these in the same city, or at least within commuting distance?
3.You could explain the 182 day absence due to COVID. That could be compelling. There is no guarantee it will work, though, given you have many long trips, potentially back-to-back, and depending on the IO, your continuous residence might be questioned, but showing ties will help.
4. Did/do you work?
5. Are you still planning to continue this travel pattern? If so, that might also be problematic. If your husband has moved back, consider waiting a while until your cotininuous residence looks better.
 
Thanks for sharing your views. While in AirBnBs, I always got the mail sent to my brother's address who lived close by. I have AirBnB receipts to prove that I stayed on the addresses I will list in the N-400 form. The reason for AirBnB was out of abundant caution given rampant Covid conditions at the time and because my daughter was doing her first year of university remotely.
During my absence from the US, I will show my brother's address as my continuous residence, since my bank and credit card statements are sent to his house. The statements also showed regular transactions.
My trips outside of the US were in a gap of every few months with one being more than 6 months (182 days).
I did not work while I was in the US primarily due to my frequent traveling.
My traveling frequency will reduce a bit however my husband only plans to come to the US in mid-2026.
 
182 days is actually less than half a year. Although since February is short, it is more than 6 months for that particular period.
 
I think this may largely come down to the interviewing officer. Note the USCIS manual also says:

“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.”

You don’t own or have been paying rent at your brothers house (I assume) they may ask you that to establish if it counts as a residence.

If I were you I would probably try but be aware of a higher than normal risk of denial/be prepared to answer a lot of questions and have evidence. I agree with the above poster that delaying applying may work out better.
 
cafeconleche said:
1. You always list the US address.
2.When you were in AirBnBs, you probably had an address in the US where mail was sent, right? Were these in the same city, or at least within commuting distance?
3.You could explain the 182 day absence due to COVID. That could be compelling. There is no guarantee it will work, though, given you have many long trips, potentially back-to-back, and depending on the IO, your continuous residence might be questioned, but showing ties will help.
4. Did/do you work?
5. Are you still planning to continue this travel pattern? If so, that might also be problematic. If your husband has moved back, consider waiting a while until your cotininuous residence looks better.
Click to expand...
Hi @cafeconleche,

I remember you from 2009 days. I see it took you more than 1 full year from March 2010 to March 2011 for N400 application to oath.
BTW, mine took just 3 months from N400 app to oath. Sept 2009 to Dec 2009.

@LPR2020 as @cafeconleche and @SusieQQQ said use only US addresses and try to delay.
In my case I was particularly worried since a year after receiving GC I gave up my apartment lease and moved all my stuff into storage, put mail at USPS on hold. Parked my car at friends house and left US for home country with family on one way ticket. Wanted to enjoy GC freedom and see if I can find a temporary job at home country for few months. Came back after 3-4 months alone. Family still abroad.
Lived with friends in apartment for a day or two searched for roommate style shared housing online, stuff still at storage. Mail still at hold at USPS.
Family came back just before 6 months period since travelling out of US. I found an apartment just before they came back.

I was worried if I get an IO who is strict, I might have some explaining to do.
I was ready to explain I didn't have apartment or own house in that period (even though USPS still had my Apt address but all mails were on hold), but I had all my stuff stored at Shurgard Storage (now part of Public Storage) and had my car still registered and owned by me (though parked at friends house). That might have shown some ties, my stuff and car in US.

But my USC interview was a breeze. Got oath same day.
So hope for a good IO and cover all your bases for travel outside.
 
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The interviewing officer did not ask any questions related to my 183 days abroad - my assumption is that they understand things were difficult during COVID and are generally lenient if the absence can be explained. All went well in the end. Thanks for your guidance to my first post.
 
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