have to be physically reside in US 3 month before filing N400

J

jiang.62

Registered Users (C)
Next year, I will reach 4year and 9month in Nov, however, may need to live out of US starting May (take an overseas job), and travel here (1-2 week visit) every 4-6 month to keep my green card. My family (wife and kids) will still be in US, with our house and of course mailing address. I plan to pay resident tax too.

My question is that, the naturalizatin requirement is to reside in a US state 3 month before applying citizenship. Do I need to be physically reside in US? If I come back for 1 week during the 3 month period, with family physically reside in US, then I'll come back for FP and IV, is that feasible? Or they may decline my application as I heard you have to fill in the departure and entrance record in N400 application form.

Thanks!
 
Rubbish

jiang.62 said:
Next year, I will reach 4year and 9month in Nov, however, may need to live out of US starting May (take an overseas job), and travel here (1-2 week visit) every 4-6 month to keep my green card. My family (wife and kids) will still be in US, with our house and of course mailing address. I plan to pay resident tax too.

My question is that, the naturalizatin requirement is to reside in a US state 3 month before applying citizenship. Do I need to be physically reside in US? If I come back for 1 week during the 3 month period, with family physically reside in US, then I'll come back for FP and IV, is that feasible? Or they may decline my application as I heard you have to fill in the departure and entrance record in N400 application form.

Thanks!
Click to expand...

What nonsense. Where did you read that crap and who is giving you all this false information. You can even fill out the paperwork and mail it in anytime you wish. The is no such requirement in regards to that 3 month period.
 
Time as a resident

Hi Atlanta brother,

Thanks for your response. Your response clarified my concern. I hope you are right. I got the info from official document.

http://www.uscis.gov/files/article/M-476.pdf

In page 18 and 24, it says as below, but I am not sure 'live in" really means "physically live in for all 3 month". Any comments or examples you know such as people who have done that? Thanks.

Time as a Resident in a
USCIS District or State
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying. A district is a geographical area
defined by USCIS and served by one of
the USCIS “District Offices.”
 
That means you have to maintain your residency in the district for 90 days before you apply. It does not mean you have to physically live in that district for 90 days...wihtout ever leaving the district.
Maintain residency...means address on DL, own or rent a home, utility bills in your name...
 
As far as I understand, you can even change addresses as long as all of them are within the same district.
 
jiang.62 said:
Next year, I will reach 4year and 9month in Nov, however, may need to live out of US starting May (take an overseas job), and travel here (1-2 week visit) every 4-6 month to keep my green card.
Click to expand...

What you are describing is the rocky road towards denial.

If the employer is a US-owned corporation, get an N-470 before you go, otherwise don't go before you've got your citizenship.
 
Guys, thank you very much for the reponses.

Well, I've got two different opinions. I may not get N470 form as it's a local position. Based on that, I'll have to take some risk of denial. Have you heard anyone who has done that?

On the other hand, even it's denied, would it affect my green card status, and my wife's citizen application (who will be staying in US for the 90 days)? One more question, my wife got her green card based on my employment based green card, if I am not employeed in US by the time of citizen application, does it matter for her case?

Sorry for the deailed montherly questions, it's just the time to make a tough decision whether to take the overseas job or not.

Thanks.
 
jiang.62 said:
On the other hand, even it's denied, would it affect my green card status, and my wife's citizen application (who will be staying in US for the 90 days)?
Click to expand...
Your denial won't affect your wife, but there is some risk to your green card status unless you get a reentry permit and you can show that your work overseas is for a fixed duration.
 
jiang.62 said:
Next year, I will reach 4year and 9month in Nov, however, may need to live out of US starting May (take an overseas job), and travel here (1-2 week visit) every 4-6 month to keep my green card. My family (wife and kids) will still be in US, with our house and of course mailing address. I plan to pay resident tax too.

My question is that, the naturalizatin requirement is to reside in a US state 3 month before applying citizenship. Do I need to be physically reside in US? If I come back for 1 week during the 3 month period, with family physically reside in US, then I'll come back for FP and IV, is that feasible? Or they may decline my application as I heard you have to fill in the departure and entrance record in N400 application form.

Thanks!
Click to expand...


How do you figure comming back for a short visit will perserve your green card? If found you are working abroad for a non US company you have a good chance of having your Green Card abandoned. Visiting for a short period serves nothing other then showing the IO you're trying to cheat the system...
 
Exactly in the same situation

Jiang.62,
I am exactly in your situation. I have one more year to go before I apply for citizenship - Oct 09.

And I need to leave the country for employment. The employer will be non-USA. If I keep moving in and out of the country every 6 months for the next two years, will I lose my GC? The reason could be that I will be employed outside USA by a non-USA based employer?

Thanks
nvcr
 
Dear nvcr,

Glad to know someone is in the same boat.

I've been hunting down a firm answer for our situation. It seems that there is some risks, but if you have a strong tie in US with property, bank account, driver's license, etc, the risk is not very high --- means they usually will not take your GC away if you come back every 6 month, at least for the first a couple of years. Of course, you may be questioned about living overseas too long, but hopefully we can get our citizenship in that period.

I've known some real cases:

1. A couple who put their mailing address in friend's house, and kept comming back every 5-6 month for a couple of weeks, still have their valid GC after 5 years.

2. A person who applied N400 and left the country and only come back for FP etc, still got approved for citizen.

3. Someone also told me he heard people were denied for citizenship beause they live in Asia too long (almost whole year in Asia, although they come back for 1-2 weeks every 6 month).

So it's basically a balance between the risk and employment opportunities.

Let's keep in touch to share more info.
 
A friend told me that as a LPR, even if you spend more than 6 months and less than a year outside the US, when you apply to citizenship, you wont automatically be denied USC, he said it depend on the IO at the interview? which means you dont have to wait 4more years. is he right?

thanks for your input.
 
GCman2005 said:
A friend told me that as a LPR, even if you spend more than 6 months and less than a year outside the US, when you apply to citizenship, you wont automatically be denied USC, he said it depend on the IO at the interview? which means you dont have to wait 4more years. is he right?

thanks for your input.
Click to expand...

You won't automatically be denied if you can show and prove to the IO you still maintained US ties, and didn't work for any non-US company such as a foreign government etc. And that you had all intentions of comming back to the US to reside in that under a year time frame. So you would need a home still, payments, taxes filed etc in the US.

It will be up to you to prove to the IO after 6 months absence and it depends on how strong your case is if the IO denies you or not. So you had better make sure you know what you're doing. You most likely will just have your time line reset and have to apply later on in the future...
 
Jiang.62,
#3. Someone also told me he heard people were denied for citizenship beause they live in Asia too long (almost whole year in Asia, although they come back for 1-2 weeks every 6 month).

This is very disturbing. It seems risky to give up GC and citizenship if we live outside USA for just 1 year

Thanks
nvcr
 
I think the risk is low. It all depends on how you weight the citizenship against career opportunity.
 
nvcr said:
Jiang.62,
#3. Someone also told me he heard people were denied for citizenship beause they live in Asia too long (almost whole year in Asia, although they come back for 1-2 weeks every 6 month).

This is very disturbing. It seems risky to give up GC and citizenship if we live outside USA for just 1 year

Thanks
nvcr
Click to expand...


Well yes this is very common considering comming back for a visit means nothing to preserving your continous residency.

People don't seem to realize you can't scam the continous residency by just mearly comming to visit the US for a short time. You NEED to prove you are currently RESIDING in the US. Bill, a home, payments, taxes etc. If you have no concrete evidence you are living and have residence in the US you will be denied plain and simple. IO's can deny you if you've been away under 6 months if they can prove you have no residing ties in the US.

The only disturbing thing about this is that people actually think they can get away trying to scam the system like this. Now for future US citizens that is very disturbing and shows they have no respect for the US...
 
Visiting for a short period serves nothing other then showing the IO you're trying to cheat the system... Warlord is right on the money! Your primary issue here is maintaining your Green Card - forget about your naturalization.

Get your citizenship before leaving the USA otherwise you might find yourself in bid crap!
 
I will have strong tie with US, and will plan to move back to US. That's why I'll have my family in US, and pay US tax on top oversea's tax. With the reentry permit which usually indicates the oversea stay in a planned temperary stay, plus the family/property/tax in US, and paid US tax, would that be enough evidence for the citizen application? I don't think it's an intention to cheat the system. Otherwise, all US citizens should never work overseas as it means no repect to US citizenship. Thanks.
 
jiang.62 said:
I will have strong tie with US, and will plan to move back to US. That's why I'll have my family in US, and pay US tax on top oversea's tax. With the reentry permit which usually indicates the oversea stay in a planned temperary stay, plus the family/property/tax in US, and paid US tax, would that be enough evidence for the citizen application? I don't think it's an intention to cheat the system. Otherwise, all US citizens should never work overseas as it means no repect to US citizenship. Thanks.
Click to expand...

You can work for a non-US company overseas if you are a USC and maintain your status. However, if you work for a non-US company overseas as a LPR, your N-400 will not be approved.

I personnally don't see the case you are describing being approved. You will have little or no chance. IO will ask you why you travel so often and will who you work for. If they discover that you are seeking citizenship status with the intention of living overseas, they will deny you.

Please, if you can, postpone this project until naturalized. You can run into the risk of not being able to visit your family anymore.
 
The biggest factor in the OP's case will be the IO assigned to adjudicate it. A friendly/lenient IO might be more easily convinced the applicant has maintained his residence, than a hardliner who follows the USCIS policy book (adjudicators field manual) to the letter. Of course, since there is no way to pick a good IO, all you can do is present the best case and supporting evidence, which is why most people here say not to work abroad and try to "GC surf" around the residency rules.

The second issue is that there are different rules for USC's than there are for people seeking US naturalization. One of the fundamental requirements for natz is that the applicant has the intention to indefinitely reside in the US. That does not mean your intentions cannot change, but it does mean you risk natz denial if you go into the process with the intention of immediately departing the US. Fundamentally, that's the whole reason behind the various residency rules....
 
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