How to determine residence while working abroad?

[austininsh]

Dear all,

Your help is appreciated.

I'm having trouble determining our residence and really need your help.
Both me and my husband obtained GC 4 years and 9 months ago.

However my husband got an expatriate job assignment overseas in 10/2007. We've been maintaining our GC status by going back to US every 5 months or so and each time stayed 1 to 3 weeks in hotels.

We kept the house we own and lived in before our move in 10/2007. The house has been leased out and occupied by tenants since then.
My husband still works for the same employer (US company) and obtains paychecks from the US payroll. We of course file and pay our taxes appropriately.

Now it's time for us to file N400 but I still have 3 major questions:

1. Which address should we use as "home address"? Should we use the address we "last resided at the time of the applicant’s departure abroad"? And what is that? The hotel address we stayed in last time we were in US? or the house address that we own?

2. Do we qualify for the "3 month residency prior to application" requirement? We had been living in the same place since we got the GC up until we moved for the job. But do we need to come back and stay for 3 months continuously in order to qualify that?

3. Do we need to be physically in the US while submitting N400?

You feedback and help is greatly appreciated.

Thank you sincerely!

yiau

 

[Bobsmyth]

Owning a house and subletting it is essentially owning rental property. Does any of your mail go there including tax receipts, utility bills in your name, your driver's license address, etc..?

A back and forth travel pattern to US just under 6 months will raise suspicions. Expect to be grilled on when and why you left the US. You'll have to reestablish the 3 month same district residency requirement if it's determined that you have broken US residency ties.