N-400 Question on Time as Resident in a state

S

sapro

Registered Users (C)
Hello forum team,
How is the 3 month residency requirement in a State where I am applying from is calculated by the Service Center when they receive my N-400 application along with other documents? Is it by looking at Part 6A of my filled N-400 form? Or, do I not have to bother sending any proofs of 3 month residency requirement until my Interview?

Can somebody please clarify this? Thanks.
 
3 Residency period

Hi,

I have a similar question. Due to getting married after getting my GC my wife is still waiting for her GC. As such since last 6 months I have gone back to India but I do have my residential address, bank a/c etc in California.

Can anyone shed light on how this 3 months residency is calculated. Does it mean physical presence or having a residence is enough???

Thanks.

-Anis
 
Hello forum team,
I am planning to apply soon and would like to know if somebody clarify my question about my above question. Thanks.......
 
I think, but I'm not sure, that residence and presence rules need to be respected at all times during the processing.

In real life, this means that your application is checked to make sure you met the rules on the day you signed it, that your status is checked again at the interview, and that it is possible that they check it again on the day you take the oath (as far as I can tell, all they check is whether you checked the "have you traveled out of the country since your interview" checkbox).
 
My understanding is the same as Flydog - all eligibility criteria must be maintained throughout the natz process.

The specifics of the 3 month rule are pretty simple; you become a resident of a district 90 days after you first move there. You do not need to wait an additional period after visits abroad, unless you have moved your address to a different district (or state).

Proof of residency is usually a simple as showing your State Id/Drivers License.

fulltime_pass - be careful with that "I've gone back to India" thing. Say that to an IO and your N-400 will be denied on the grounds that you've not only interrupted your continuous residence (which you may have), but also because you may be considered as having abandoned your LPR. Be careful, and don't stay there too long without a reentry permit.
 
Thank you so much for the information. Boatbod, thanks for your concern. I do have a re-entry permit and I guess I will need to renew it soon. I have never used my reentry permit yet as I have been coming back to US every 5months or so. I have taken a job in India but don't want to give up my hard earned green card. I just completed 4 years 9 months on my GC and if I fulfil the 3 months residency requirement than I can file for my citizenship in my next trip.

Thanks & Regards,
Anis
 
Um I think you just gave up your hard earned green card if you go to the interview. You have a job in India? How then can you be residing in the US? You need to show you LIVE in the US not VISITING THE US for your residency requirments.

You are better off holding off on your Citizenship until you can fully demonstrate you live and are living in the US to fulfill the requirements. Comming back into the US you've been lucky as generally they won't really check your Green Card all the time, though you may come across a bad luck and get pull into secondary inspection and if they find out you're living in India and working there with a US green card, watch out. You might be flying right back to India for good...
 
fulltime_pass said:
I have been coming back to US every 5months or so. I have taken a job in India but don't want to give up my hard earned green card.
Click to expand...

I'm not sure how long you've been living outside the US - hopefully less than a full year - because your flying back every 5 months is worthless as a tactic to preserve continuous residence.

Since you have a reentry permit, I believe your GC may be safe for now, however your continuous residence for naturalization purposes is not protected, and may well already be broken.

The issue of foreign employment is another very thorny problem. Generally this is seen in very bad light by USCIS because it provides additional evidence to the IO that a person is no longer a US resident.

Consult one or more immigration lawyers experienced in this type of problem asap.
 
Yeah employment is a bullseye showing you have abandoned your GC. The only times it won't is if you are working overseas for a US company and/or US military. Even with US companies and working overseas, they really look at that bit by bit. So you will need a lot of documentation proving that it is a US company, you paid taxes to the US government etc.

Taxes will then be the next thing. If you haven't paid US taxes during anytime in the US then that's another way of saying bye bye...
 
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