N400 and Continuous Residence
#1
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Joined: Apr 2017
Posts: 197

Appreciate some thoughts here. I had always planed to apply of Citizenship when it was my time. That was late last year. My wife USC/UKC was going to spend some time in UK in 2020 and i had an apartment to live the bachelor life in the USA. Bank account, phone, car etc.
Covid hit, the office closed down in NJ and no customers would see me etc. Ended up staying in the UK for 9 months. If Covid hadn't hit then i would never of done this or if i had know i would of filled in the N-470. I have pasted below what USCIS states.
Now wonder if i should abandon the idea for 3 year ?
"An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9]
Covid hit, the office closed down in NJ and no customers would see me etc. Ended up staying in the UK for 9 months. If Covid hadn't hit then i would never of done this or if i had know i would of filled in the N-470. I have pasted below what USCIS states.
Now wonder if i should abandon the idea for 3 year ?
"An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9]
- The applicant is absent from the United States for more than 6 months but less than 1 year; or
- The applicant is absent from the United States for 1 year or more.
#2
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Joined: Jan 2017
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N-470 is only for people who are out of the US for more than 1 year, so it doesn't apply to you. (And in any case it is only for people working abroad for the US government or certain US organizations.)
Since your absence was between 6 months and 1 year, it is uncertain whether you interrupted continuous residence. There is a presumption that you interrupted it, but you can overcome that presumption with evidence of ties to the US. It's impossible to say ahead of time whether the officer will consider your evidence sufficient to overcome that presumption or not, so you are taking a risk if you apply, but I would think that, especially since you were away due to COVID, there is a good chance you will succeed. If you don't want to take that risk, you will have to wait until 2 years and 6 months after your return before you apply for naturalization (since you are applying under the 3-year rule as the spouse of a USC).
Since your absence was between 6 months and 1 year, it is uncertain whether you interrupted continuous residence. There is a presumption that you interrupted it, but you can overcome that presumption with evidence of ties to the US. It's impossible to say ahead of time whether the officer will consider your evidence sufficient to overcome that presumption or not, so you are taking a risk if you apply, but I would think that, especially since you were away due to COVID, there is a good chance you will succeed. If you don't want to take that risk, you will have to wait until 2 years and 6 months after your return before you apply for naturalization (since you are applying under the 3-year rule as the spouse of a USC).
#3
Thread Starter
Forum Regular



Joined: Apr 2017
Posts: 197

My evidence is still having an apartment in NJ, a car, US phone, bank account. I'm not sure many people would keep up at least an apartment and car if they were abandoning. Not a straight forward one that's for sure.




