Filling out Part 6. Information about your residence

B

bluegreen

Registered Users (C)
I was back to my country for 3 months but still keep the apartment in the US for those months. Do I need to list the address in my country which I stayed at when filling out part 6:

"Where have you lived during the last five years? Begin with where you live now and then list every place you lived for the last five years".

Thank you for helping.
 
That was what I thought too, however, when I called USCIS rep (she was not an immigrant specialist, I think) she advised I put the address in. So I am not sure. Any other idea?
 
You would only indicate your physical residences during the last 5 years, not places you stayed while on extended travel.
 
You are forgetting the following requirement:

Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying.
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How would they know about those 3 months if those things are not supposed to be listed?
 
raevsky said:
You are forgetting the following requirement:


How would they know about those 3 months if those things are not supposed to be listed?
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Uh?

You're not supposed to list temporary locations on your N-400, and as such the issue of 3 month in a district is moot, since you presumably returned to the same address you were living in prior to the trip.

From the Jurisdiction section of the adjudicators field guide.
(B) Upon Return to the United States . If, upon returning to the United States, an applicant returns to the State or Service District where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in section 316.2(a)(5) of the Act when at least three months have elapsed, including any part of the applicant’s absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service District other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.​
 
There was a 2 year gap in my employment history: I stayed home as a housewife. Do I need to mention it as Unemployed in Part6.B? Or do I just leave out these 2 years? Thank you.

(Where have you worked or what schools did you attend during the last 5 years? Begin with your current or latest employer and then list every place you have worked or studied for the last 5 years.)
 
bluegreen said:
There was a 2 year gap in my employment history: I stayed home as a housewife. Do I need to mention it as Unemployed in Part6.B? Or do I just leave out these 2 years? Thank you.

(Where have you worked or what schools did you attend during the last 5 years? Begin with your current or latest employer and then list every place you have worked or studied for the last 5 years.)
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You would list it as "housewife".
 
boatbod said:
Uh?

You're not supposed to list temporary locations on your N-400, and as such the issue of 3 month in a district is moot, since you presumably returned to the same address you were living in prior to the trip.

From the Jurisdiction section of the adjudicators field guide.
(B) Upon Return to the United States . If, upon returning to the United States, an applicant returns to the State or Service District where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in section 316.2(a)(5) of the Act when at least three months have elapsed, including any part of the applicant’s absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service District other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.​
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Of course, he has to list all temporary absences on the forms, because when you move to a new location, you do not know yet if it is a temporary place or a permanent one.
 
raevsky said:
Of course, he has to list all temporary absences on the forms, because when you move to a new location, you do not know yet if it is a temporary place or a permanent one.
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Thats a ridiculous statement. Of course you know in advance whether you are moving permanently, or just taking a temporary trip.

Furthermore, it is a prerequisite for LPRs undertaking foreign travel that they can demonstrate prior intent for the trip being temporary. Failure to do so can lead to revocation of LPR status due to abandonment of residency.
 
You have an intent in advance. But your intent is irrelevant for residency for natiralization purposes. That is intent what is important to keep GC valid, not to keep residency and jurisdiction requirements for naturalization. Actual place of dwelling is important there, and you do not know it until it actually becomes a place of dwelling
 
raevsky said:
You have an intent in advance. But your intent is irrelevant for residency for natiralization purposes. That is intent what is important to keep GC valid, not to keep residency and jurisdiction requirements for naturalization. Actual place of dwelling is important there, and you do not know it until it actually becomes a place of dwelling
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You're wrong, but if thats what you want to believe, I'm not going to waste my time arguing.

http://www.usvisahelp.com/index.php...:issues-of-intent&option=com_content&Itemid=5
 
Intent is relevant for naturalization purposes since the onus is on you to prove that you did not intend to break continuous residency for trips for than 6 months but less than 1 year. See 3 from link:

"In order to be naturalized, an alien must show that he intended to maintain his residence in the United States."
 
In order to be naturalized, an alien must show that he intended to maintain his residence in the United States
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This requirement is here because the person needs to maintain GC in order to naturalize. And without GC a person cannot naturalize other than in very specific cases.
Actually, if a person maintained his residence in the US, his intent was not really relevant. he could intend to move from the US, but has never done so. He will still maintain GC. But intent means something anyway. If a person files nonresident tax return, he looses his GC even if he has never left US.

Avout continuos residence:

The concept of “continuous residence” concerns the maintenance of the applicant’s domicile in the United States over the period of time required by the statute. Regulations provide the general rule that for naturalization purposes 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 is measured from the moment the alien first establishes residence in that lo cation.” (See 8 CFR 316.5(a) ).
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Intent is not really relevant, actual dwelling place is.

You're wrong, but if thats what you want to believe, I'm not going to waste my time arguing.
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I am right, but do not bother to waste your time anyway.
 
Part 6 of N-400

We are applying for my Mom's citizenship.

She stayed with us from 2004-2007 in San Jose, but traveled to India for almost 6 months - she returned on July 3rd.

Does her India address need to be listed on Part 6? Do we wait for 90 days before we file for her citizenship?

Of course, we will list her India travel in Part 7 c.
 
bluegreen said:
I was back to my country for 3 months but still keep the apartment in the US for those months. Do I need to list the address in my country which I stayed at when filling out part 6:

"Where have you lived during the last five years? Begin with where you live now and then list every place you lived for the last five years".

Thank you for helping.
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I would not worry about itto answer to address question but on continus residency will mention it as a traveling time.
The point is that if your address was not changed when you were traveling and your mail was delivered to that address or your utulity bills was associate with that address, you should not worry about it.
 
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She stayed with us from 2004-2007 in San Jose, but traveled to India for almost 6 months - she returned on July 3rd.

Does her India address need to be listed on Part 6? Do we wait for 90 days before we file for her citizenship?
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I am no lawyer but we all have some intuituve common sense about the difference between a temporary trip, even if lasts for a few months, and a change of residence (move to another residence).

for example, when you move to another state, you cancel electricity/gas/cable/water, end your lease to your old residence, and open a new bank account at a branch serbing the enw residence, sign a lease or purchase a home, establish electricity/gas/cable/water at the new place, get to the DMV to surrender the old Driver's License to get the new one.

By contrast, if you visit another state for a few weeks, for example on vacation, you still maintain the lease/property at your home, still pay utilities etc.

As you describe it, Your post would suggest that your moher was visiting India, keeping her residence in the United States.
 
Thanks.

I would think the same too...My mom doesn't have her own home - she lives with us and visits India from time to time. I was wondering if there is a legal definition of residence. I mean, I don't want to NOT list the address and have them think we were lying or something...
 
bearblue said:
Thanks.

I would think the same too...My mom doesn't have her own home - she lives with us and visits India from time to time. I was wondering if there is a legal definition of residence. I mean, I don't want to NOT list the address and have them think we were lying or something...
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Residence is the principal physical domicile.
 
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