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Posted

Hi.

I was a resident of the state of Indiana for past 4 years and traveled overseas for 5 months, but I came back to WV in which I have been residing for past 2 weeks (my wife filed for divorce while I was overseas). I still have my IN License. N-400 filing requirements suggest that I have to be living in the state for at least 3 months before I file my papers to its Service Center. Now that I have a different address, can I still file with Chicago Service Center since I was not outside of US for more then 180 days or do I have to wait 3 months in WV and then send paperwork to Pittsburgh Center.

Please help me out with this. I will be grateful.

Thank you.

Posted (edited)
Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

•has been lawfully admitted for permanent residence (see preceding section);•has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;•has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

Source

I think you have to wait till you have 3 months of residing before you can file...

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

I don't know about the date/residency requirement before you can file, but I do know that you have to file with one of the Lockboxes these days, not to a District Office. I think yours will be Arizona but you can find out more on the N400 instructions when its the right time to do it for you.

AOS: ND - June 5 2006 | RFE - June 15 2006 | FP Notice - June 30 (Rescheduled to Sept 16) | AP ND - August 14 2006| Walk-in FP - Sept 5 (FP cleared next day!) | Interview - Sept 8 2006 (Approved!) | Welcome Letter - Sept 13 | EAD received - Sept 19 (kinda moot since I'm waiting for GC) | GC received - Sept 23 2006 - Woohoo!!

I-751: 06/10/08 Mailed package to VSC direct (per memo instructions) not TSC. The wait begins... | 06/11/08 Package received at VSC (12.12pm) | 06/19/08 Check cashed | 06/20/08 Received NOA1 in the mail - ND is 06/17/08 | 07/10/08 Received Biometrics Appt Letter - ND is 7/7/08 | 07/22/08 Biometrics (had to do ink & paper also...) | 07/22/08 Touched | 07/23/08 Touched | 02/11/09 Transferred to CSC (got email)... | 02/12/09 Touched | 02/20/09 Touched (but no email) | 03/24/09 Approval letter arrives in the mail! Approval date is 3/18/09 from VSC | 04/03/09 Received card, postmarked 3/31 from CSC

N-400: 06/11/09 Mailed to Lewisville Lockbox | 06/12/09 Package received at Lockbox and signed for at 1.31pm | 06/18/09 Check Cashed | 06/19/09 NOA, PD 06/12/09 | 07/06/09 Biometrics letter received, ND is 07/02/09 | 07/24/09 Biometrics appointment | 08/06/09 IL received, ND 08/03/09 | Interview 09/14/09 at 9.30am (approved!) | Oath 10/21/09 | USC

Filed: Country: Philippines
Timeline
Posted (edited)

You have to meet the 3 month residency requirement at the time of filing.

Edited by jsnearline

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Since, you are in the process of divorce, you can only file under the regular or 5 year residency rule not the 3 year rule. Make sure and do that or you are just going to waste your filing fee. Good Luck

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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