Change of state after filing N400

  • Thread starter Thread starter 498a
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Jackolantern said:
2. The interview must take place after you have completed the 3-month district requirement.
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This is only true if filing up to 90 days before an applicant has met continuous residence requirement. Otherwise, the residency requirement must be met at the time of filing application.

ref: 8 CFR 316.2(a)(5)

(5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, has resided, as defined under §316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence, and in which the alien seeks to file the application;
 
Bobsmyth said:
This is only true if filing up to 90 days before an applicant has met continuous residence requirement.
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It is always true. The interview can only take place after fulfilling the 3-month requirement. If the requirement needs to be fulfilled before filing, it still means the interview takes place afterwards.
 
Jackolantern said:
It is always true. The interview can only take place after fulfilling the 3-month requirement. If the requirement needs to be fulfilled before filing, it still means the interview takes place afterwards.
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Correct, but you stated that if the OP applied soon after he moved to new district area he could face deschedule or being turned away if he hasn't meet the 3 months residency rule. In fact, this would only occur if the OP filed under 90 day early rule and the interview was scheduled before he met district residency requirement. If the OP isn't applying under 90 day continuous residency grace period rule, he would face a denial (not just a resdhedule) if he didn't meet district residency requirement at the time if filing application. My point was there is a clear distinction between both and when you must meet district residency requirement (at time of filing application vs at time of interview), since the outcome can be very different (denial vs interview descheule)
 
All,
I complete 5 years on GC on Dec. 29, 2009. I move to new state after that (in Jan. of 2010). So, I will not be applying before the 90 day grace period.
Here's what I intend on doing AFTER moving to the new state -
1. I will first move to either a friends place or a hotel until I find my own permanent place.
2. I will wait for 3 months after I move to the new state to file my N400.
So, I am assuming this is ok?
Also, my only concern is if I stay at my friends place or at a hotel for some time (say a month) then is that ok? For that 1 month I will not have a utility or telephone bill in my name. This is a concern because I am not sure if I have to have my own place for all the 3 months of district residency requirement?
Thanks!
 
498a said:
All,
I complete 5 years on GC on Dec. 29, 2009. I move to new state after that (in Jan. of 2010). So, I will not be applying before the 90 day grace period.
Here's what I intend on doing AFTER moving to the new state -
1. I will first move to either a friends place or a hotel until I find my own permanent place.
2. I will wait for 3 months after I move to the new state to file my N400.
So, I am assuming this is ok?
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Yes, that's OK.
Also, my only concern is if I stay at my friends place or at a hotel for some time (say a month) then is that ok? For that 1 month I will not have a utility or telephone bill in my name. This is a concern because I am not sure if I have to have my own place for all the 3 months of district residency requirement?
Thanks!
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It is not necessary to have your own place, but it is still important to have evidence that you have been living in the state for the required 3 months. So if you move to your friend's place, get your bank statements, credit card and cellphone bills changed to your friend's address. If you move to the hotel, keep the hotel receipts to show that you have been staying in the hotel since you first moved into the state, and keep copies of other papers that show you have moved out of the old place (e.g. lease breakage papers, refunded deposit check from the old place, U-haul receipt).
 
Ok, thanks!
One final question - Can I change my address by filing AR-11 to my friends address say on Jan. 01st, 2010 even though I will physically move to my friends place in the 3rd week of Jan. 2010? This will save me almost 3 weeks on the 3 month district residency requirement. I can have my bank statements, cell phone and credit card bills also sent to my friends address starting Jan. 01st.
 
498a said:
Ok, thanks!
One final question - Can I change my address by filing AR-11 to my friends address say on Jan. 01st, 2010 even though I will physically move to my friends place in the 3rd week of Jan. 2010? This will save me almost 3 weeks on the 3 month district residency requirement. I can have my bank statements, cell phone and credit card bills also sent to my friends address starting Jan. 01st.
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You already asked this in post #6.
 
In similar situation.

I had already filed and then I moved to a new state.

Change of address filed last week, haven't heard anything from them yet.

Thanks,
 
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Got the Interview De-scheduled letter.

Good thing is that I got it at the new address.

It also says office of contact is now Fairfax, VA

Question : How does USCIS determine the start of residency? Date of filing change of address? (Never asked the move date on the change of address).

Also willl they ask me to file new form?

(Letter dated 3 days after the change of address filed. Recd. 4 days after letter date)
 
As stated earlier I will be moving to my friends place and then find my own. So, my plan is to find my place in the same district as my friends house.
So, how do I find out whether my place will be in the same district as my friends house? Do I need to call USCIS and tell them both the zip codes or is there any other way?
I think this information will help me narrow down the area that I need to look for a house in.
Thanks!
 
alren said:
Got the Interview De-scheduled letter.

Good thing is that I got it at the new address.

It also says office of contact is now Fairfax, VA

Question : How does USCIS determine the start of residency? Date of filing change of address? (Never asked the move date on the change of address).

Also willl they ask me to file new form?

(Letter dated 3 days after the change of address filed. Recd. 4 days after letter date)
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Hi Alren,
I am in a similar situation like yours. I filed an AR 11 a couple of days before I received my interview date. I moved from New Jersey to New York.

Where you able to figure out how USCIS determines start of residency when you move to a new state? Has anybody else dealt with sort of thing before? How does it usually play out?

I am so annoyed that I will have to wait another 3 months for this thing :mad:
 
atisoba,

Do not know. MY LUD shows today (1/6), so I expect a new interview date to be set and the letter in the mail. I think I should see it it a day or 2 and will update here.
 
498a said:
Atisoba,
Have you already sent your N400 form from NJ?
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yes, 498a.

I was scheduled to have my interview on Jan 11 in newark, nj DO. It seems my file was updated because my LUD also shows today (1/8). Maybe we do not have to wait the full 3 months for the interview-- yeah right!

Hope you are all well.
 
The strange is that my LUD shows updates on 3 consecutive days of this week. Weird!

D1 - Xfer from Baltimore?
D2 - In to Washington?
D3 - Interview scheduled?

ha ha !! ? LOL ...
 
So I just got my letter for the interview in New York on Feb 11 :D

I also saw my LUD change multiple times this week -- at least 2 times.
 
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