Confused - USCIS 3 Month Residency Rule for N-400

S

SwiftSweeper

New Member
Hi Guys and Gals :)

I am confused regarding USCIS 3 month residency rule for N-400 application.

"A Guide to Naturalization" (page 23) states "Most people must live in the USCIS district or state in which they are applying for at least 3 months before applying. A district is a geographical area defined by USCIS and served by one of the USCIS District Offices."

I will be moving from Houston TX to Arlington TX in the middle of August. After I move to Arlington TX, I am confused if I should wait 3 months before filing N-400 or file N-400 right away.

USCIS Houston District Office handles Houston TX, and USCIS Dallas District Office handles Arlington TX, so I will be living in a different USCIS district after I move.

However, I will still be in the same state of Texas after I move.

"A Guide to Naturalization" states "USCIS district OR State", my takeaway is that I do not need to wait 3 months.

What do you think?

Should I move to Arlington and apply right away or move to Arlington, wait 3 months, and then apply?

Has anyone been in the same situation who did not wait 3 months and received citizenship?

Any advice, thoughts, or comments are welcome :)
 
You MUST wait 3 months, and to be safe, a little longer (CIS can make a mistake calculating the dates and reject you for applying too early). You can apply in Houston and have it transferred, but this can cause delays, and they could even misplace your file. Bad idea.
 
Thanks for chiming in.

After searching the Internet, I found the following link, which has several lawyers discussing the subject. Unfortunately, their opinions are split.

Here is the link to their discussion.

http://www.avvo.com/legal-answers/residence-and-uscis-jurisdiction-in-n-400-applicat-1305918.html

I am going to play it safe and wait 3 months if I decide to not file before I move.

I just want the whole thing to be over with or at least, the initial step. Moreover, I already filled out my N-400 form, gathered all supporting documents, wrote the check, took photos etc. I am sitting on a completed N-400 application. I just have to go to post office and mail it.

In addition, if I choose to move first, which will be in mid August, and then, wait 3 months, I will not file until the middle of November. The current N-400 form expires on 09/30/2015, so I will have to use the new form that USCIS releases. The new N-400 form might have different questions, required supporting documents, procedures, fees, etc, so I am tempted to just file next Monday to avoid all of that. I also do not mind waiting a few extra months due to my N-400 transfer between different USCIS District Offices. My only fear is that USCIS will loose my N-400 application completely during the transfer process.

Is it common for USCIS to loose N-400 during the transfer process?

Thanks again for the advice!
 
It's common for CIS to misplace applications, or forget about them. It happened to mine, and I didn't even move. The stupid cow who interviewed me was just that, a stupid cow. Don't worry about the form change. It's unlikely to entail a MASSIVE change. The current form is essentially still the same that I used in 2010.
 
SwiftSweeper said:
Is it common for USCIS to loose N-400 during the transfer process?
Click to expand...

The main problem with moving during the N-400 process is that they often don't fully process your new address, and they end up sending important mailings like the interview letter to the old address, and you end up missing the appointment. So it is risky to change your address during the process, whether you're moving to a new state or staying in the same state.

Don't worry about changes to the N-400 form. Unless they change the law regarding naturalization eligibility, the changes will be minor, and they often extend the time frame that they accept old forms (especially if they don't have a new form by the time the existing one expires).
 
Sorry, I was on the road a past few days, so I did not have time to reply. Thank you for the info.

I also posted 2 questions on Avvo regarding my situation. The links to the questions and lawyers answers are below

1. Should I file N-400 application now if I will be moving from Houston TX to Arlington TX in mid August?

http://www.avvo.com/legal-answers/should-i-file-n-400-application-now-if-i-will-be-m-2261280.html

2. Does USCIS 3 months residency requirement apply for N-400 if one stays within the same state but changes USCIS District offices?

http://www.avvo.com/legal-answers/does-uscis-3-months-residency-requirement-apply-fo-2262012.html

Two lawyers indicated that I do not have to wait 3 months to file N-400 because I will still be within the same state, and as the result, I should meet N-400 3 months residency requirement. One of these lawyers is even from Texas, so I am hoping that he had similar cases in the past. Therefore, I decided that I will just wait a few weeks, move to Arlington TX in mid August, file AR-11 online, wait for USCIS to process my change of address and send confirmation notice, and then file N-400.

Do you guys agree or disagree with this approach?

Any thoughts, opinions, suggestions, or personal experiences would be great.
 
You must log in or register to reply here.
Top