Requirement of living in a district for 3 months

B

bpc

Registered Users (C)
Hi,
During the 3 months immediately before applying for N400, I live in Los Angeles (means I have my rental agreement there). However, I need to work in Kansas City, Missouri. I fly to Kansas city monthly and will be in Los Angeles during 1 or 2 weekends.

Will I be eligible to file my N400 from Los Angeles district office or from Kansas City? If I file from Los Angeles, will it create any problem?

Thanks,
BPC
 
bpc said:
Hi,
During the 3 months immediately before applying for N400, I live in Los Angeles (means I have my rental agreement there). However, I need to work in Kansas City, Missouri. I fly to Kansas city monthly and will be in Los Angeles during 1 or 2 weekends.

Will I be eligible to file my N400 from Los Angeles district office or from Kansas City? If I file from Los Angeles, will it create any problem?

Thanks,
BPC
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If I undersood correctly, with the exception of 1-2 weekends per month you're all the time in Kansas City.
Why do you insist on applying in L.A. for naturalization?
If we believe the processing time displayed by USCIS in their website, L.A. has processing date Sept. 24, 2005 and Kansas City...November 11, 2005...so, apparently Kansas City is moving faster than L.A.
If I were you I'll apply in Missouri.
And another point: despite the fact that L.A. is moving pretty fast lately it's a known fact that it is one of the most screwed-up D.O. in the country
 
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Thanks for replying.

I am insisting on applying from LA because as soon as I file I will go back to India. I will come back to US as and when needed. I have my brother in LA who can monitor my mail properly. Filing from his home as residence is better than providing some friend's address to INS for correspondence.

Please let me know your thoughts.
 
The residence is where you are getting your mail, paying rent and utility bills, address on your driver's licence etc. Remember to mention the right address on N400 form. That's the DO where you have to file.
 
bpc said:
Hi,
During the 3 months immediately before applying for N400, I live in Los Angeles (means I have my rental agreement there). However, I need to work in Kansas City, Missouri. I fly to Kansas city monthly and will be in Los Angeles during 1 or 2 weekends.

Will I be eligible to file my N400 from Los Angeles district office or from Kansas City? If I file from Los Angeles, will it create any problem?

Thanks,
BPC
Click to expand...

My previous life was a consultant. I lived in one place and I traveled to different places in US and oversea. I did not have a problem of filing the N400 in Los Angeles while I had to travel to different states. It is because I live in LA, regardless where I work.

I just love to see ppl have the idea of filing naturalization application, but they would want to stay in their home country as long as possible, and return to US for the FP, Interview, and Oath. Also, I love the ideas from ppl who would take advanage of returning to US from oversea for every 5 months because they would want to work in their home country, or "live" there (other than the offical business from their US employer sends them to oversea for temporate work assignments)

Oh well...
 
I don't understand. Is it a requirement of 3 months residensy in a district before you file in that DO? For axample, if I live in LA, then move to Kansas City, immidiately file the form, which DO should I file?
 
I have a similar question.....sort of

I will be eligible to file N400 in a couple of months, i.e., 4 yrs + 9 months since GC. I am currently looking to change jobs. Can I file N400, stay in the district for 3 months plus a few extra days an dthen move to a new place to take up a new job? Thanks you for any replies.

KB
 
joeF how a rentry permit with 2 yrs time away help stay out

JoeF said:
Hmm, note that you are still a PR, so you have to comply with the requirements of a PR. That means that you have to reside in the US, and all trips abroad have to be temporary in nature. What you want to do doesn't look that way.
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JoeF said:
Yes. That is one of the requirements for the N-400.
You can't file immediately. You would have to live in the district for the 3 months immediately preceeding the filing.
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I think this requirement means that you have to eb there at least 3 months including the time you traveled. No?
Here what they have in the INS web site
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
 
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real_eng said:
I don't understand. Is it a requirement of 3 months residensy in a district before you file in that DO? For axample, if I live in LA, then move to Kansas City, immidiately file the form, which DO should I file?
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If you move to another DO you can't file immediately!

You can't file in LA because you don't reside there anymore.

You can't file in Kansas City because you don't have minimum of 3 months of residency.
....
You could file in LA before you moved, and after that ask for your file to transferred to MO...but do you definitely don't want that ;)
 
think you are right, however there is one scenraio I wanted to share

of an instance known to me personally where a couple got the 2 yrs extension twice and stayed out for that duration and now back in US.

I assume this may be true for their GC was family based and for EB based a re entry permit wil be highly risky as pointed out by you
JoeF said:
A reentry permit doesn't help with that.
As Ron Gotcher said so nicely:
"A re-entry permit acts to extend the validity of a green card as an entry document from one year out to two years. It does not in any way constitute any kind of advance authorization to be absent from the US for an extended period of time."
http://immigration-information.com/forums/showpost.php?p=3086&postcount=2

Even if you have a reentry permit, they could determine that you abandoned your residence.
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JoeF - Your opinion appreciated

So, the requirement of residing in the district (3 months at least) before applying need not be right before one files N400 in that district, right. Thank you.

kb
 
Aborad before filing N400

For those who haven't seen my other post in this forum. Here is my situation:

I shall be able to file N400 this July and I just got an oversea assignment that is hard to resist. I have stayed in US for more than 4 years. Since my wife is still here, I will come back every six months and for fingerprints, interview, oath or whenever USCIS want to meet with me.

However, one of the requirement is that "I have resided in the district or state in which I am applying for citizenship for the last 3 months". Does this mean I have to stay here until July before I file the N400 or I will just lose this eligibility.

Please help.
 
hhyy said:
For those who haven't seen my other post in this forum. Here is my situation:

I shall be able to file N400 this July and I just got an oversea assignment that is hard to resist. I have stayed in US for more than 4 years. Since my wife is still here, I will come back every six months and for fingerprints, interview, oath or whenever USCIS want to meet with me.

However, one of the requirement is that "I have resided in the district or state in which I am applying for citizenship for the last 3 months". Does this mean I have to stay here until July before I file the N400 or I will just lose this eligibility.

Please help.
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This clause is to establish residency in the jurisdiction of the DO that will be processing your application. If you have already been living in the District and want to under take a temporary travel outside the country, you still have the residency and as you said, your spouse will be living in that address. So, you will be fine.

However, if you are planning to move to a different DO before June, then you need to establish residency all over again.
 
JoeF, can a person who just got PR 3-4 months ago

stay out for say 10 months, are the rules same for EB based or family based, if yes
b) why they ask for employment status for last 5 years for EB based citizenship.
C)
How does a guy who is self employed say within 3-4 months of the GC show his employment status for 5 years, Is it my choice if I want to work temporarily say 4 months in a year for next 5 years
JoeF said:
Well of course, that's possible. If the stay abroad is clearly temporary, it shouldn't be a problem. These things are all looked at on an individual basis. It has nothing much to do with employment- or family-based cases. In fact, I could see much easier proofs with an employment-based case, e.g., if there is a letter from an employer stating that the person is on a limited assignment abroad.
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Physical Presence while filing N-400

GeeC, thank you for your reply. It makes me more comfortable. I just have one more question.

On the Form N-400, Part.7. Question C. (Date you Left the U.S.; Date You Returned to the U.S., Did Trip Last Six Months or More?), if I'm out of the country at the time I file N-400, but plan to come back at a time which makes the trip less than 6 months, can I answer this way:" plan to come back on ______, 2006; Trip last less than 6 months"? Is it necessary that I come back and be physically in the U.S. at the time of filing of N-400?
 
Thanks for clarifying :)

JoeF said:
Yes, they are.
They ask that for all N-400 applications.
Write "self-employed."
Note though, that at the time of becoming a PR, you had to have the good faith intent to work for your employer. Leaving too soon can lead to suspicions that you didn't have that intent. Lawyers usually recommend to stay at least 6 months with the employer.
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hhyy said:
GeeC, thank you for your reply. It makes me more comfortable. I just have one more question.

On the Form N-400, Part.7. Question C. (Date you Left the U.S.; Date You Returned to the U.S., Did Trip Last Six Months or More?), if I'm out of the country at the time I file N-400, but plan to come back at a time which makes the trip less than 6 months, can I answer this way:" plan to come back on ______, 2006; Trip last less than 6 months"? Is it necessary that I come back and be physically in the U.S. at the time of filing of N-400?
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I would be physically present in the US at the time of applying. It makes the process less complicated.
 
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