N400 transder, need help!

[N400transfer 0]

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 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 think there is a living together requirement. Will the interview officer deny my application if my wife work at California and I am in other state for school? Third, I heard that transfer takes a lot of time and 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?

[NickD 203]

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 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 think there is a living together requirement. Will the interview officer deny my application if my wife work at California and I am in other state for school? Third, I heard that transfer takes a lot of time and 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?

Good question, step daughter is away to college, still on a green card, wasn't very smart of her to turn 18 before we could file the N-400. Didn't do an AR-11 on her, just about anybody else considers our address as her permanent address. But now I am wondering about the USCIS, even the military considers your home as the permanent address. Perhaps one of the legal experts here could answer your question.

I do not consider you as moving, just going to college.