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When to file N400: Time as PR VS continuous residence requirements

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  • When to file N400: Time as PR VS continuous residence requirements

    Can someone clarify the appropriate timeframe when one can file N400 for naturalization?
    I am a USC and my wife is a marriage based LPR. She has not left the US after our marriage. I understand from various posts here that she can file 2 years and 9 months after she got her GC. However, on the USCIS Alien Naturalization Guide, they make a DISTINCTION between [Time as a PR] and [Continuous Residence], both 3 years in our case.

    Regarding [Time as PR], the guide says that "...It is not enough to be a Permanent Resident for the right number of years. You must also be in continuous residence during that time"

    As to [continuous residence], the guide noted that "You may file your application for Naturalization up to 3 months before you meet your [continuous residence] requirements.... INS allows you to send your application before you have met the requirement for [continuous residence] only. Your must meet all the other eligibility requirements when you file your application with INS."

    The last two sentences above are the confusing parts. How can we satisfy the 3 year requirement of [time of PR] if we file 3 months ahead? Any thought or clarification will be greatly appreciated.

  • #2
    Can someone clarify the appropriate timeframe when one can file N400 for naturalization?
    I am a USC and my wife is a marriage based LPR. She has not left the US after our marriage. I understand from various posts here that she can file 2 years and 9 months after she got her GC. However, on the USCIS Alien Naturalization Guide, they make a DISTINCTION between [Time as a PR] and [Continuous Residence], both 3 years in our case.

    Regarding [Time as PR], the guide says that "...It is not enough to be a Permanent Resident for the right number of years. You must also be in continuous residence during that time"

    As to [continuous residence], the guide noted that "You may file your application for Naturalization up to 3 months before you meet your [continuous residence] requirements.... INS allows you to send your application before you have met the requirement for [continuous residence] only. Your must meet all the other eligibility requirements when you file your application with INS."

    The last two sentences above are the confusing parts. How can we satisfy the 3 year requirement of [time of PR] if we file 3 months ahead? Any thought or clarification will be greatly appreciated.

    Comment


    • #3
      Well, believe me, by the time they get to your wife's case plenty of time will have passed


      Continuous residence refers to being physically present in the U.S. for the full 3 (or 5) years, except for short trips abroad. This is why people who leave the U.S. for longer periods of time (i.e. 6 months) get reentry permits. Continuous residence is different from permanent residence. You can be a LPR and live in Brazil, but you cannot apply for naturalization because you lack continuous physical presence. The issue is more complex than what I presented, but I hope this illustrates the basic points.

      Comment


      • #4
        NYCImmParalegal is correct, If your wife had not left the US for 3 years then she is eligibl to file her N-400. [continuous residence]That she has resided in the same place for three years. During that residence of of 2 years and 9 months she is in the continuous residence.

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