moving aborad during N-400 process

cranberriesfan

New Member
Hi, my husband applied for citizenship the beginning of November 2010. He went in for Biometric data the end of December. A few weeks ago we decided to take advantage of a job offer in Europe. We are still waiting for his interview letter.
I guess my question is: Should we change our address to our new address in Europe? Doing so....will it affect his possibilities of getting his citizenship?
Has anyone done this, how did it affect processing time?
What's the rule on someone moving abroad? Can we change our mailing address to a friend's house and have them get our mail?

I am a US citizen, and he has his permanent residence through me. We will, of course be moving to Europe together. I know they have a USCIS office in the city where we are moving. Would his file just be transferred there?

I appreciate any knowledgeable answers! Thanks
 
INA 316 Requirements of naturalization


(a) Residence

No person, except as otherwise provided in this subchapter, shall be
naturalized unless such applicant, (1) immediately preceding the date of
filing his application for naturalization has resided continuously,
after being lawfully admitted for permanent residence, within the United
States for at least five years and during the five years immediately
preceding the date of filing his application has been physically present
therein for periods totaling at least half of that time, and who has
resided within the State or within the district of the Service in the
United States in which the applicant filed the application for at least
three months, (2) has resided continuously within the United States from
the date of the application up to the time of admission to citizenship,
and
(3) during all the periods referred to in this subsection has been
and still is a person of good moral character, attached to the
principles of the Constitution of the United States, and well disposed
to the good order and happiness of the United States.

Very few exceptions apply to this most basic requirement. You have not provided enough details to see if any might apply. If he is employed abroad by the U.S. Government (civilian or military) OR YOU were so employed OR YOU were employed by a qualified American employer, he could accompany you. IF he is going abroad on behalf of a qualified American employer, he can preserve his naturalization eligibility for a future N-400 by filing an N-470 and hope it is approved.
 
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Naturalization applicants must remain primarily resident in the US until the oath. Relocating to Europe before the oath will jeopardize his naturalization, unless the job is for a US company or recognized international organization (e.g. IMF, NATO) that meets the criteria that would qualify him for an N-470.

His green card will also be in jeopardy if he moves to Europe for that job, unless he obtains a reentry permit and returns before its 2-year deadline.
 
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OP, your husband's naturalization should not take but a couple more months. Would make a lot of sense to make a deal with the new employer and delay your move. Once he is a citizen your would be free as birds and will never have to worry about the papers again.

Alternatively he may return for the interview and oath, if you change your address to that of your relatives or good friends and the letter comes there. But technically you would have not just travelled, but relocated, and the consequences are shown in the two previous posts.
 
Hi, my husband applied for citizenship the beginning of November 2010. He went in for Biometric data the end of December. A few weeks ago we decided to take advantage of a job offer in Europe. We are still waiting for his interview letter.
I guess my question is: Should we change our address to our new address in Europe? Doing so....will it affect his possibilities of getting his citizenship?
Has anyone done this, how did it affect processing time?
What's the rule on someone moving abroad? Can we change our mailing address to a friend's house and have them get our mail?

I am a US citizen, and he has his permanent residence through me. We will, of course be moving to Europe together. I know they have a USCIS office in the city where we are moving. Would his file just be transferred there?

I appreciate any knowledgeable answers! Thanks

As the other posters above noted, an N-400 applicant is required to maintain continuous residency and the LPR status up to the moment of naturalization oath.
This means that you must maintain your primary place of residency and employment in the U.S. If you husband moves abroad to take up a permanent job there, that is prima facie evidence of having abandoned LPR status and is inconsistent with maintaining continuous residency. In particular, if you give USCIS a foreign address as a new home address, you are red-flagging his application. If he moves before the interview, there is a high probability that the application will be denied and there is even a good chance that your husband will lose his green card as well. Even if he moves after the interview but before the oath, this fact is likely to come out since at the oath ceremony there will be a USCIS rep doing the final check. Your husband will be asked if he had travelled abroad since the interview and for what purpose. If it comes out that he went abroad to take up a new job there and to move his place of residence, there is a good chance that he will not be allowed to take the oath and that the case will be eventually denied.
 
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