3 months residency requirement for N 400

[nandini09l]

I have lived in same house and district since 2013. I will be completing 4 years 9 months on June 1, 2019. I am a green card holder and am being transferred by company outside US for a period of 2 years (will be filing A-131 for reentry permit). I will leave US in Jan 2019, come back in March and then again plan to come back in June to same residence and file for N400. I am not renting out the residence and am keeping it for us to live in when we visit US in between. Does this satisfy 3 months residency criteria before filing? Thanks and sorry for the long note

[JoeF]

4 hours ago, nandini09l said:

when we visit US in between.

I always cringe when I read this. As a Permanent Resident, you live, you reside in the US, you never visit the US. You can travel abroad temporarily, but your residence has to be in the US.

The 3 month residency requirement is not about physical presence. But with a job abroad, you could still face questioning, in particular if you have the mindset that you are visiting the US, which can easily slip off the tongue.

 

[nandini09l]

Thanks. Just to clarify since we are so close to hitting 4 year 9 months, this 3 months criteria is something of a borderline teaser. I am hoping that since we are retaining the house and will be making 2 trips to sort things out here before June - which is when we qualify for filing N400 - we can satisfy the 3 month residency criteria. I agree with you that in between the 2 year overseas assignment we will be like visiting US but if we have US passport it wont be an issue and if dont have US passport we will have I-131 (reentry) so that should be ok.

[JoeF]

You still don't get it. Even with a GC, you are never visiting the US. You are coming home from a trip abroad. If you visit the US you are saying that you don't live here which means you would have abandoned the GC. And without GC of course no naturalization. And having a reentry permit doesn't mean anything if you imply that you are not living in the US.

[nandini09l]

I understand your concern about visiting. But, I can go on two months vacation in Feb 2019, return to US and then again leave for attending to a family situation and be out for 3 months then come back and file for N-400. I have maintained my GC and have satisfied 3 months residency criteria, right?

[veni001]

On 12/12/2018 at 7:21 PM, JoeF said:

y permit doesn't mean anything if you imply that you are not

You better consult immigration attorney rather than relying on forum responses.

[JoeF]

1 hour ago, veni001 said:

You better consult immigration attorney rather than relying on forum responses.

https://www.murthy.com/2016/03/16/extended-travel-by-a-permanent-resident-part-1-of-2/