Multiple states residency - where to apply

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zuzkin

Registered Users (C)
I've got a pretty serious dilemma and would highly appreciate your help. I tried to look through posts to see if there is anyone with similar situation, but could not find anything.
Here is the situation: My wife is applying for US Citizenship on a 3yr rule. She is got into a medical residency program one year ago in a different state. She's been there for the past 16 months. Our primary residency is Florida. We have a house there. Since I could not find a job in that state, we decided for me to just travel between Florida and her temporary place of residency. We consider our home Florida. However, that might not be important to immig. officers.

Which address do we put as the filing one on the application: Florida or the temporary in the other state???? We can provide proof of residency in both states. We were thinking Florida. However, flying for FP, interview between states is not going to be easy or cheap. What do we do?

Any advice is appreciated.

Thank you all.
 
zuzkin said:
I've got a pretty serious dilemma and would highly appreciate your help. I tried to look through posts to see if there is anyone with similar situation, but could not find anything.
Here is the situation: My wife is applying for US Citizenship on a 3yr rule. She is got into a medical residency program one year ago in a different state. She's been there for the past 16 months. Our primary residency is Florida. We have a house there. Since I could not find a job in that state, we decided for me to just travel between Florida and her temporary place of residency. We consider our home Florida. However, that might not be important to immig. officers.

Which address do we put as the filing one on the application: Florida or the temporary in the other state???? We can provide proof of residency in both states. We were thinking Florida. However, flying for FP, interview between states is not going to be easy or cheap. What do we do?

Any advice is appreciated.

Thank you all.
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8 CFR § 316.5 Residence in the United States.


(b) Residences in specific cases —(1) Military personnel. (NOT APPLICABLE) For applicants who are serving in the Armed Forces of the United States but who do not qualify for naturalization under part 328 of this chapter, the applicant's residence shall be:

(i) The State or Service District where the applicant is physically present for at least three months, immediately preceding the filing of an application for naturalization, 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;

(ii) The location of the residence of the applicant's spouse and/or minor child(ren); or

(iii) The applicant's home of record as declared to the Armed Forces at the time of enlistment and as currently reflected in the applicant's military personnel file.

(2) Students. An applicant who is attending an educational institution in a State or Service District other than the applicant's home residence may apply for naturalization: (MAYBE)

(i) Where that institution is located; or (POSSIBLE)

(ii) In the State of the applicant's home residence if the applicant can establish that he or she is financially dependent upon his or her parents at the time that the application is filed and during the naturalization process. (NOPE)

(3) Commuter aliens. An applicant who is a commuter alien, as described in §211.5 of this chapter, must establish a principal dwelling place in the United States with the intention of permanently residing there, and must thereafter acquire the requisite period of residence before eligibility for naturalization may be established. Accordingly, a commuter resident alien may not apply for naturalization until he or she has actually taken up permanent residence in the United States and until such residence has continued for the required statutory period. Such an applicant bears the burden of providing evidence to that effect. (NOPE)

(4) Residence in multiple states. If an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed. (BEST CHOICE)
 
She has to apply where ever she permanently lives. You have to permanently physically reside in the state for 3+ months before you can file. She has to apply in whatever state she lives in.
 
See http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html
(4) Residence in multiple states. If an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed.​


If she applies as a Florida resident, the fingerprint appointment will be in Florida, but she can give fingerprints at a USCIS office in the state where she's studying. So that would leave just 2 trips to Florida for the citizenship formalities (interview and oath), possibly one trip if she gets same-day oath.
 
Jackolantern said:
See http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html
(4) Residence in multiple states. If an applicant claims residence in more than one State, the residence for purposes of this part shall be determined by reference to the location from which the annual federal income tax returns have been and are being filed.​


If she applies as a Florida resident, the fingerprint appointment will be in Florida, but she can give fingerprints at a USCIS office in the state where she's studying. So that would leave just 2 trips to Florida for the citizenship formalities (interview and oath), possibly one trip if she gets same-day oath.
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Thanks a million! I did read about this somewhere, but was not sure about it. We do file federal taxes from Florida. Again, this is our home. It is our house. Her residency is temporary and we chose to file other state's taxes as non-resident. She spends her time off and vacations here at home. Her car is registered here as well as her driver's licence.

Again, thank you very much.
 
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