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

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  • sab34
    replied
    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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  • NYCImmParalegal
    replied
    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.

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  • Dom
    replied
    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.

    Leave a comment:


  • 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.
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