3 months USCIS states residency

[scorpy_9]

Hi all,
I got my Green Card 3 years ago through marriage. On the bottom of the Green Card, it says Resident Since: 07/23/09.

I have lived in the state of New Jersey with my spouse (US citizen) and son since. Hence I will be eligible to apply for citizenship in 8 days, on 07/23/12.

My question is related to a clause in the guidelines: I am moving my family to the state of New York next month on 08/15/12. Practically we are moving not too far, just across the Hudson river to cut down on our commuting time, but yet it is a different state.

Now in the M-476 guidelines, page 24, there is a clause:
Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying.

Now, how does this rule apply to me? Can I still apply for citizenship? Do I have to wait until I lived 3 months in New York?

 

[BigJoe5]

Hi all,
I got my Green Card 3 years ago through marriage. On the bottom of the Green Card, it says Resident Since: 07/23/09.

I have lived in the state of New Jersey with my spouse (US citizen) and son since. Hence I will be eligible to apply for citizenship in 8 days, on 07/23/12.

My question is related to a clause in the guidelines: I am moving my family to the state of New York next month on 08/15/12. Practically we are moving not too far, just across the Hudson river to cut down on our commuting time, but yet it is a different state.

Now in the M-476 guidelines, page 24, there is a clause:
Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying.

Now, how does this rule apply to me? Can I still apply for citizenship? Do I have to wait until I lived 3 months in New York?

Apply first and then move and there will not be a problem. IF you move first and then apply you will not meet the filing prerequisite until you wait it out.

INA 335

(f) An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.

**********

Nowadays, you will submit your change of address online and the change of jurisdiction will be automatically pushed through--no actual human thought process involved.

 

[Jackolantern]

Hi all,
I got my Green Card 3 years ago through marriage. On the bottom of the Green Card, it says Resident Since: 07/23/09.

I have lived in the state of New Jersey with my spouse (US citizen) and son since. Hence I will be eligible to apply for citizenship in 8 days, on 07/23/12.

The earliest you can apply was actually 4/24/2012. There is an early filing period starting with 90 days before the GC anniversary.

My question is related to a clause in the guidelines: I am moving my family to the state of New York next month on 08/15/12. Practically we are moving not too far, just across the Hudson river to cut down on our commuting time, but yet it is a different state.

Now in the M-476 guidelines, page 24, there is a clause:
Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying.

Now, how does this rule apply to me? Can I still apply for citizenship? Do I have to wait until I lived 3 months in New York?

There is a clause that allows you to apply before spending 3 months in the new state/district if you're within the 90-day early filing period (which ends on the GC anniversary). Or you can apply before you move*, since you've already spent more than 3 months in your current location. Otherwise, if you apply after you move, and you're no longer in the 90-day window, you'll have to wait 3 months in the new state/district before you can apply.


*moving during the process is risky because USCIS is not quick and consistent with updating addresses in their system.

 

[scorpy_9]

Thanks all, my original reply got sent to the moderation for some reason, so let me try one more time:

The earliest you can apply was actually 4/23/2012. They subtract 90 days from the GC anniversary.

My 3 year anniversary is 7/23/2012 actually. I did not know about this early filing period. I guess I am 82 days into this period now, and do not have to wait to apply. Does early filing have a different procedure?

*moving during the process is risky because USCIS is not quick and consistent with updating addresses in their system

Can you elaborate? What are the associated risks? What is the worst case scenario? Thanks!

 

[Jackolantern]

My 3 year anniversary is 7/23/2012 actually.

You quoted my post just before I fixed it to mention 4/24/2012. The start of the early period is 90 days before the anniversary, which is not always equal to 3 months! That's why for you it was 4/24, not 4/23. Some people have had their applications rejected because of that subtle difference (i.e. applying 1 or 2 days too early as a resulting of counting backwards 3 months instead of 90 days).

For you it doesn't matter because you're long past the start of the 90-day window; I'm just emphasizing this for the sake of others who may read this thread.

I did not know about this early filing period. I guess I am 82 days into this period now, and do not have to wait to apply. Does early filing have a different procedure?

No different procedure, just go ahead and file it.

Can you elaborate? What are the associated risks? What is the worst case scenario? Thanks!

After moving you'll have to contact them to update your address for the N-400 (in addition to filing AR-11 to report your change of address), but because of their slowness and inconsistency they might still continue to send mail to your old address, resulting in you possibly missing the fingerprint notice or interview letter.

 

[Jackolantern]

Unfortunately you are in a situation where both options have negative consequences.

If you file before you move, you don't have to wait out the 3 months, but then you'll have to update your address after filing and hope that USCIS doesn't mess things up by being lazy or sloppy with the address update.

If you file after you move, you'll have to wait 3 months in NY before you can apply.