N400 Transfer, need help!

N

N400trans

Registered Users (C)
Hi:
Your help is greatly appreciated. Thank you!

I filed my N400 early this year in California based on 3 year marriage. Later in summer, I decided to go to graduate school at another state. I wish I can stay in California, but no good school accepted me and give me scholarship. I went back to California for my interview after couple weeks in the foreign state. However, the interview officer told me that since I am not physically present in California and my parents are not supporting me, so they have no jurisdiction over me. They need to transfer me to the field office where my university is located. I told him that I will come back to California after my program is over. I never change my driver license, lived in California for the past 10 years, filed income tax in California every year and I am only left California 7 weeks, my wife and family is still working in California.

I am really confused now. First, there is a 90 days requirement before you can file your N400 in a new district. I am only here for couple weeks, not 3 month yet. How will my case get treated? Second, my wife is still in California, I believe there is a living together requirement. Will the interview officer deny my application if my wife works at California and I am in other state for school? Third, I heard that transfer takes a lot of time and is troublesome.

1. Should I keep this application? Will the interviewer reject me since my wife is working in California and I am in another state for school that we are not living together?
2. Should I cancel the N400 application? If I do so, will it bring a negative effect if I want to apply naturalization later?
3. How will my case treated after transfer to my school’s district that I am here less than 90 days?
 
N400trans said:
Hi:
I filed my N400 early this year in California based on 3 year marriage. Later in summer, I decided to go to graduate school at another state. I wish I can stay in California, but no good school accepted me and give me scholarship. I went back to California for my interview after couple weeks in the foreign state. However, the interview officer told me that since I am not physically present in California and my parents are not supporting me, so they have no jurisdiction over me. They need to transfer me to the field office where my university is located. I told him that I will come back to California after my program is over. I never change my driver license, lived in California for the past 10 years, filed income tax in California every year and I am only left California 7 weeks, my wife and family is still working in California.

I am really confused now. First, there is a 90 days requirement before you can file your N400 in a new district. I am only here for couple weeks, not 3 month yet. How will my case get treated? Second, my wife is still in California, I believe there is a living together requirement. Will the interview officer deny my application if my wife works at California and I am in other state for school? Third, I heard that transfer takes a lot of time and is troublesome.

1. Should I keep this application? Will the interviewer reject me since my wife is working in California and I am in another state for school that we are not living together?
2. Should I cancel the N400 application? If I do so, will it bring a negative effect if I want to apply naturalization later?
3. How will my case treated after transfer to my school’s district that I am here less than 90 days?
Click to expand...

The following is copied from Adjudicator's Field Manual. It appears the interview officer has no choice but to transfer you to another district where has jurisdiction over your application. Also you are required by law to change address by filing form AR-11 with USCIS.

Answer to Q1: Yes
Answer to Q2: No. And no negative effect.
Answer to Q3: Just like you have filed from there. The 90-days rule is only applied to the time and location when you file. If you refile, you need to wait 90 days after you have moved to the school.

73.4 Jurisdiction
(g) Determining Residence in Special Cases . The regulations provide standards that you may use to determine residence in special cases. The following will assist you in determining residence in specific cases that you may encounter:


(1) Military Personnel . …..

(2) Students . 8 CFR 316.5 provides that 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:

(A) Where that institution is located; or

(B) 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.
 
The only acceptable way a student can maintain residence in original state while attending school in a different state, is if the student maintains parent's address as permanent address. The student should be dependent on parent for tax purposes.
If the parent is not supporting the student while in school....and the student claims to be a full time student...then the student may be considered a resident of the new state. This is beneficial for the student usually...to be able to claim in-state tution...but in your case this acceptable norm may work against you since you are supporting yourself....(your spouse supporting you is considered as you supporting yourself)
Unless you can prove you are a commuter student...(partial travel to school while maintaining residence in your original state)...you will have to accept the IO's decision to transfer your case to your new state...and wait for the new interview letter. Your processing clock does not start all over again, and you won't have to face a 90 days waiting period....the only thing you will have to bear is a few months of processing delay....while the case is transfered to your new state and they decide to call in for an interview.
 
should I change my ID/driver's license?

Thanks, you guys are very helpful:
I have already received my new interview appointment letter. I was wondering do I have to change my driver license/ID to the state where my school is at? Do I need the ID of the state where I going to interview?

thank you
 
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