Time in USCIS District or State requirement

I

indyo7

New Member
Hi All,
My GC was recieved on august 5' 2002, and technically, Im eligible to submit N-400 on May 5 '08 (4 years and 9 months).
however, I've been out of country for the last 5 months (nov'07-march'08) for personal reason.
Before that, I've lived in Ohio for the last 13 years.
since there is 3months time state requirement, I have a small situation here.
That would lead me to this question,
should I wait for another 3 months from march to submit N400 which will be in june'08?
or should i just go ahead applying it in May'08 as the original plan?
Thanks in advance
 
Last edited by a moderator:
So you lived in Ohio before and now you live in a different State/District? If you just recently moved I would wait out the 3 months in your new State
 
If you lived in the same place for 13 years and left the US no longer then 6 months and came back to the same place I see no issues. I assume you kept strong ties to the US while you were away such as home, bills, taxes etc. Be prepared to explain why you were gone for 5 months, but other then that I see no issue in filing. In most cases leaving the US for under 6 months also poses no problem.
 
indyo7 said:
Hi All,
My GC was recieved on august 5' 2002, and technically, Im eligible to submit N-400 on May 5 '08 (4 years and 9 months).
Click to expand...
Be careful, the rule is not 4 years and 9 months, it is 5 years minus 90 days which might amount to 4 years 9 months plus 1 to 3 days. If you send it in one day too early they will reject it.
 
indyo7 said:
Hi All,
My GC was recieved on august 5' 2002, and technically, Im eligible to submit N-400 on May 5 '08 (4 years and 9 months).
Click to expand...

If you got your GC on August 5th, 2002 - you were actually eligible to file N-400 last year sometime in May 2007. You'd have to subtract 90 days to get the exact date... Unless you mean August 5th, 2003 as your GC approval date - I'm afraid you lost out on almost a year.
 
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