3 months district or state residence requirement

L

L.D.

Registered Users (C)
Hello,

I've been a permanent resident for 4 years and 9 months and now I'm getting ready to send in the N-400 for citizenship. I've rented a house and physically resided in Texas for 6 months now, however, I got my local DL and sent in my AR-11 for change of address only a month ago. Before that I had a house in Arizona. I have bills and rent agreement to show 3 months of residence in Texas but DL and AR-11 doesn't match that. Should I wait 2 more months before applying or is it safe to apply now?

Thank you so much.
 
L.D. said:
Hello,

I've been a permanent resident for 4 years and 9 months and now I'm getting ready to send in the N-400 for citizenship. I've rented a house and physically resided in Texas for 6 months now, however, I got my local DL and sent in my AR-11 for change of address only a month ago. Before that I had a house in Arizona. I have bills and rent agreement to show 3 months of residence in Texas but DL and AR-11 doesn't match that. Should I wait 2 more months before applying or is it safe to apply now?

Thank you so much.
Click to expand...

This is a bit of a grey area, but I would suggest that you wait another 2 months before applying. Technically, you are required by law to file AR-11 within 10 days of moving to a new address. If you file now, you will be admitting that you filed AR-11 two months late. Nominally, the penalties for failing to timely file AR-11 can be fairly severe (see the bottom of the page at http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD) although in practice it is rare for people to actually be prosecuted for that. Still, if you file N-400 now, you will sort of be poking USCIS in the eye on the AR-11 issue, and they might get annoyed if it comes out during your N-400 adjudication.
I would suggest that it is more prudent to wait another 2 months before applying.
 
8 CFR § 334.2 Application for naturalization.

(a) An applicant may file an application for naturalization by filing a completed Form N–400 signed in the applicant's own handwriting, if physically able to do so, and by including any other documents required by parts 316, 319, 324, 325, 327, 328, 329, and 330 of this chapter, as appropriate. An application prepared for a person physically unable to write shall be signed by the preparer, in the space marked “Preparer's signature.” The applicant shall include the fee as required in §103.7 of chapter B of this title, and a photocopy of the applicant's Alien Registration Card (Form I–551).

(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.

INA 334(a) says 3 months rather than 90 days, err on the side of caution on that interpretation. 85 days before reaching 5 years is safe.
 
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