Question about applying for citizenship

[vandeluca]

Once you apply for citizenship, you obviously have to have the 18 month (for 3 year ) to meet physical presence. Are you allowed to travel again once you make this application or are you pretty much required to stay in the US once you do this? Continuous presence will not be a problem but wondering if they actually want you to stay in the US...thanks..

 

[namecheckvictim]

You can travel after you apply N-400 anytime, the legal presence of 18 months should be met on the day of interview and the day of Oath. If you have enough legal presence in US under your belt you can travel after, during the N-400 is in process.

 

[Bobsmyth]

You can travel after you apply N-400 anytime, the legal presence of 18 months should be met on the day of interview and the day of Oath. If you have enough legal presence in US under your belt you can travel after, during the N-400 is in process.

18 month physical presence must only be met at time of application, not interview or oath. Continuous residency on the other hand must be met up until oath.

 

[vandeluca]

Ok great thank you..I don't know why I thought/read you cannot travel too much then...Actually our situation I believe can work..

Lastly (I hope)...When a spouse married to a USC applies for naturalization, does the spouse also have to go to that interview and get questioned? I am just wondering..

 

[Bobsmyth]

Ok great thank you..I don't know why I thought/read you cannot travel too much then...Actually our situation I believe can work..

Well you can't travel out of the US to the point in breaking continuous residency (generally defined as travel of more than 6 months at a time).

 

[Jackolantern]

Ok great thank you..I don't know why I thought/read you cannot travel too much then...Actually our situation I believe can work..

If you travel too much during the process, you jeopardize the continuous residence, but the physical presence remains satisfied if you already fulfilled the requirements when you applied.

Lastly (I hope)...When a spouse married to a USC applies for naturalization, does the spouse also have to go to that interview and get questioned?

No, but if the officer has doubts about the marriage they can set up a second interview and ask for the USC spouse to be there.

 

[namecheckvictim]

18 month physical presence must only be met at time of application, not interview or oath. Continuous residency on the other hand must be met up until oath.

So Bob you think that if on the day of Oath because of their absence after they file N-400 if they have 17 months and 28 days of presence they will be able to get Nat'z?

 

[Jackolantern]

So Bob you think that if on the day of Oath because of their absence after they file N-400 if they have 17 months and 28 days of presence they will be able to get Nat'z?

If one has less than 18 months of physical presence as of the filing date, the N-400 will be rejected in the interview. There wouldn't be an oath date unless the interviewer made a mistake when calculating physical presence, or the individual meets an exception that doesn't require the 18 months (e.g. military service).

 

[Bobsmyth]

So Bob you think that if on the day of Oath because of their absence after they file N-400 if they have 17 months and 28 days of presence they will be able to get Nat'z?

Physical presence is only counted up until the time applicants applies. Travel after applying does not affect physical presence. So if applicant has 18 months of physical presence at time of applying, then travels after applying, the applicant will still have 18 months of physical presence at interview and oath.

 

[namecheckvictim]

Got it.