N400 90D in advance, then travel

[fighting]

This forum guide my GC application 5 years ago, and I visited this site almost every day for about one year in 2004. Time fly quickly, I am back again.

Here is my situation.

My got my GC on 12/1/2004, which mean I can apply citizenship on 12/1/09.
I have been living and worked in the US on the same address for the past 4.5 years except about 8 international travel varied from 3~6 weeks each trip. I plan to turn in my N-400 application 90 in advance around 9/2/2009.

The question is: Can I start to take on an oversea assignment immediately after I turn in the application on 9/2/2009, and only travel back to US periodically (ensure < 6 months between each visit) for FP, Interview, Oath to get the citizenship?

During this N-400 processing period, I will do my best to keep my "residency" in the US: I will keep my house in the US, will keep working for a US company and remain on US payroll. I will also ensure I will never be out of country for longer than 6 months.

3 years of physical presence is no problem for me. I have three questions:

(1) Do I need to be in the US on the date of my application 9/2/09? can I leave in August, and have my friend mail my application on 9/2/09?

(2) Do I need to be in the US for the 3 months period between 9/2/09 to 12/1/09. Note that there is "3 months" requirement as a Resident in a USCIS District or State before applying. Does that 3 months refer to the periods before 12/1/09 or 9/1/09?

(3) Do I need to be in the US on the date of 12/1/09?


(4) Do I break continuous of residence even if I never out of country for 6 months.


Your advise is welcomed!

 

[Bobsmyth]

(1) Do I need to be in the US on the date of my application 9/2/09? can I leave in August, and have my friend mail my application on 9/2/09?

You can mail application while you're outside US, but the IO may question you about your trip to determine if you broke residency ties.

(2) Do I need to be in the US for the 3 months period between 9/2/09 to 12/1/09. Note that there is "3 months" requirement as a Resident in a USCIS District or State before applying. Does that 3 months refer to the periods before 12/1/09 or 9/1/09?

You need 3 months of district residency before you apply, not before you become eligible.

(3) Do I need to be in the US on the date of 12/1/09?

No, unless your FP or interview falls on that date.

(4) Do I break continuous of residence even if I never out of country for 6 months.


Your advise is welcomed!

Working outside the US with non-US company can be seen as a break in continuous residency. Again, the IO might question the purpose of your trip, so be prepared to prove that you didn't intend to break US residency ties.

 

[sh1996]

During this N-400 processing period, I will do my best to keep my "residency" in the US: I will keep my house in the US, will keep working for a US company and remain on US payroll. I will also ensure I will never be out of country for longer than 6 months.

Also ask your US employer for a letter setting out in advance how long your overseas assignment will be and if you're married, have you spouse and children remain in the US until your N-400 application process is complete. If you do the above AND get a N-470, you should be fine.

 

[fighting]

Thanks Bobsmyth and sh1996 for the advise. More question

1) Should I tell INS that I am on oversea assignment or simply tell them I am a frequent business traveller. I am afraid the oversea assignment thing will cause more trouble and put me under scrutiny. Since I will travel back to US for every three months anyway, Can I simply tell that I am out of country for business trip during the N400 processing period?

Since 2008, I took business trip every other month anyway. Some trip is as long as 1.5 month. The only difference for the next 9-12 months will be that each of my trip will be longer (~3 months), and my stay in the US between the trip will be shorfter (1~2 weeks).

2) Should I go for the oversea assignment approach. Do I need to get N470 if I plan to land in the US every 3 months?


3) My wife will apply N400 around the same time as well. Kids are US citizens by born. I plan take my family with me immediately after filling on 9/2/09. My wife and I will come back for FP and Interview. How does the INS know where is my family on the interview? I thought the interview will be done on a individual base. Are they going to ask to see my wife and kids?

I don't think I plan to cheat. I have no intention to give up my residence here. My family and I will move back to US after a few years.

Thanks.

 

[Bobsmyth]

Thanks Bobsmyth and sh1996 for the advise. More question

1) Should I tell INS that I am on oversea assignment or simply tell them I am a frequent business traveller. I am afraid the oversea assignment thing will cause more trouble and put me under scrutiny. Since I will travel back to US for every three months anyway, Can I simply tell that I am out of country for business trip during the N400 processing period?

Since 2008, I took business trip every other month anyway. Some trip is as long as 1.5 month. The only difference for the next 9-12 months will be that each of my trip will be longer (~3 months), and my stay in the US between the trip will be shorter (1~2 weeks).

If you're relocating your family with you, it will be evident that you have taken an assignment and aren't a business traveler.

2) Should I go for the oversea assignment approach. Do I need to get N470 if I plan to land in the US every 3 months?

Yes, as the N-470 shows that it is a temporary situation and that you do not intend to break residency ties. Multiple trips of 3 months while working overseas with your spouse living with you can be seen as an intent to break residency ties. Without the N-470, you may have a very difficult time proving continuous residency intent, especially with your spouse joining you while on assignment.

3) My wife will apply N400 around the same time as well. Kids are US citizens by born. I plan take my family with me immediately after filling on 9/2/09. My wife and I will come back for FP and Interview. How does the INS know where is my family on the interview? I thought the interview will be done on a individual base. Are they going to ask to see my wife and kids?
.

The application asks the address of your spouse and the IO will likely ask you at interview as well. Also, you spouse must mention travel, so it will be obvious that she is living with you on assignment from the travel information itself.