I have a quick question. I moved to a different state on July 1 and I sent my N-400 in the beginning of August. USCIS already cashed my check. I did not know that you had to live in the state for 3 months to claim residency. I'm wondering what's gonna happen to my application. Will they transfer it to the state of my previous residency?
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Residence question
- Thread starter Minsk
- Start date
Jackolantern
Registered Users (C)
You'll probably get denied in the interview, unless you are within the 90-day window before your 5 year (or 3 year) GC anniversary.
poongunranar
Registered Users (C)
I have a quick question. I moved to a different state on July 1 and I sent my N-400 in the beginning of August. USCIS already cashed my check. I did not know that you had to live in the state for 3 months to claim residency. I'm wondering what's gonna happen to my application. Will they transfer it to the state of my previous residency?
I am afraid, you need to withdraw. Otherwise, it will be rejected at a later stage. You need to be a resident for at least 3 months before filing with that District Office.
I am afraid, you need to withdraw. Otherwise, it will be rejected at a later stage. You need to be a resident for at least 3 months before filing with that District Office.
By the time they transfer to the local office it'll be 3 months. Right now my application is in Dallas. Applications from both my current state and the state I reside previously go in the same lockbox.
Jackolantern
Registered Users (C)
I am afraid, you need to withdraw. Otherwise, it will be rejected at a later stage. You need to be a resident for at least 3 months before filing with that District Office.
Not necessarily. They allow filing before meeting the 3-month requirement, if you are within the 90-day window before your 5-year/3-year GC anniversary and you will have completed the 3 months by the anniversary.
Not necessarily. They allow filing before meeting the 3-month requirement, if you are within the 90-day window before your 5-year/3-year GC anniversary and you will have completed the 3 months by the anniversary.
I am within 3 months window before 5th anniversary but I am afraid the whole idea is to have an applicant to meet 6-month residency requirement (3 months + 90 days).
From pg 24 of M-476, Guide to Naturalization
Time as a Resident in a
USCIS District or State:
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying.
http://www.uscis.gov/files/article/chapter4.pdf
Time as a Resident in a
USCIS District or State:
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying.
http://www.uscis.gov/files/article/chapter4.pdf
From pg 24 of M-476, Guide to Naturalization
Time as a Resident in a
USCIS District or State:
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying.
http://www.uscis.gov/files/article/chapter4.pdf
Ok then. Why can't they send my application to the state I lived in before if this is sucha big deal? I go back and forth between two states almost every day.
Jackolantern
Registered Users (C)
I am within 3 months window before 5th anniversary but I am afraid the whole idea is to have an applicant to meet 6-month residency requirement (3 months + 90 days).
No. There is no 6-month residence requirement. You will be OK, because you applied within the 90-day window and will complete the 3 months before the anniversary.
No. There is no 6-month residence requirement. You will be OK, because you applied within the 90-day window and will complete the 3 months before the anniversary.
Thanks, Jackolantern. But how about the quote from USCIS website posted by therms96?
Time as a Resident in a
USCIS District or State:
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying.
im kinda in a similar boat. I started living in my current state from April 1st. But I got my drivers license by the middle of the month. If you count the # of days from when i started living here and when I sent my appn, I completed 3 months (and 90 days) in this state. However, from the date on my current driver's license, its not quiet 3 mos. I would have lived in this state for way more than 3mos by the time my i/v comes along. But I have been a GC holder since late 2004 (~ 5 1/2 yrs). I hope I should be ok and I have completed my FP.
im kinda in a similar boat. I started living in my current state from April 1st. But I got my drivers license by the middle of the month. If you count the # of days from when i started living here and when I sent my appn, I completed 3 months (and 90 days) in this state. However, from the date on my current driver's license, its not quiet 3 mos. I would have lived in this state for way more than 3mos by the time my i/v comes along. But I have been a GC holder since late 2004 (~ 5 1/2 yrs). I hope I should be ok and I have completed my FP.
Nuh, you'll be fine. You can always ask you landlord or a person you live with for a letter that you can show to USCIS... I just don't know what to do in my situation. Should I withdraw my application?
Jackolantern
Registered Users (C)
Thanks, Jackolantern. But how about the quote from USCIS website posted by therms96?
Time as a Resident in a
USCIS District or State:
Most people must live in the USCIS
district or State in which they are
applying for at least 3 months before
applying.
There is an exception for people who apply in the 90-day window before the 5 year/3 year anniversary. I'll see if I can find a link to it later.
You're confusing 3 month service area residency rule with the 90 days grace period before meeting continuous residency rule.The only exceptions I see in M-476 to the three month residency rule are members of the United States armed forces, employees of the United States government or their spouses.
Jackolantern
Registered Users (C)
There is an exception for people who apply in the 90-day window before the 5 year/3 year anniversary. I'll see if I can find a link to it later.
CFR 334.2(b): http://law.justia.com/us/cfr/title08/8-1.0.1.3.82.html
(b) An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act.
Guys this is making me more confused than ever before. (Sorry to be hijacking this thread). I got a answer from a couple of you guys, but still don't get it at all.
I go to SUNY at Albany. I graduate in May 2011. My 5 years - 90 days is May 1, 2011. I am moving to New York City after graduating.
So can I apply on May 1 and interview in NYC and get approved PROVIDED that my interview is after 90 days of living in NYC?
I go to SUNY at Albany. I graduate in May 2011. My 5 years - 90 days is May 1, 2011. I am moving to New York City after graduating.
So can I apply on May 1 and interview in NYC and get approved PROVIDED that my interview is after 90 days of living in NYC?
Guys this is making me more confused than ever before. (Sorry to be hijacking this thread). I got a answer from a couple of you guys, but still don't get it at all.
I go to SUNY at Albany. I graduate in May 2011. My 5 years - 90 days is May 1, 2011. I am moving to New York City after graduating.
So can I apply on May 1 and interview in NYC and get approved PROVIDED that my interview is after 90 days of living in NYC?
Yes you can . But do not go by strict 90 day rule make it 85-87 days to avoid miscalculation by USCIS. Before that get DL or state ID endorsed with new address . That will be proof of new address.