Filing N-400 before or while moving

[mtpjrb 0]

Hello all...first time poster...long time forum reader. Thanks for all your help in the past and future.

My wife is just at the 3 year mark (90 days prior) to becoming eligible to file for citizenship (came on K1 visa and we are still married). We are just about to file all the paperwork and we have learned that our job might require us to move. We have a few questions about some issues that may come up and possibly make her not eligible...any help is greatly appreciated.

1. Do we no longer meet the "resided within a state or district for at least three months" requirement if we move from Miami to New York? Obliviously a different state, but we'd still file with VT office, so does that mean we are in the same district?

2. What happens if you move shortly after filling N-400? Will the application be eligible as long she updates her address with USCIS?

We know the easiest answer is to wait 3 months from moving, but we want to fill ASAP so don't to worry about travel and being in the US for 6 months per year.

THANKS FOR YOUR HELP!

[v333k 59]

Your assumptions are correct. Your eligibility is not at risk but it is your "luck"

I was in the exact position and I chose to wait and apply after 3 months of living on the new state.

When you submit an address change, they will literally move your entire folder to your new DO which I am guessing why they require a 3 month waiting period. If you apply, then move, then they will have to transfer your application as well as your folder.

My opinion is it may take very similar times if you apply then move or move then apply. The file/folder transfer will pay a toll on your progress no matter what.

Oh - I forgot to mention that I've seen several occasions where an application gets misplaced/lost in transfer and the petition takes forever. The problem with this is that you cannot do anything until 5 months pass by and you have no answer on your application....

[nwctzn 55]

Your assumptions are correct. Your eligibility is not at risk but it is your "luck"

I was in the exact position and I chose to wait and apply after 3 months of living on the new state.

When you submit an address change, they will literally move your entire folder to your new DO which I am guessing why they require a 3 month waiting period. If you apply, then move, then they will have to transfer your application as well as your folder.

My opinion is it may take very similar times if you apply then move or move then apply. The file/folder transfer will pay a toll on your progress no matter what.

Oh - I forgot to mention that I've seen several occasions where an application gets misplaced/lost in transfer and the petition takes forever. The problem with this is that you cannot do anything until 5 months pass by and you have no answer on your application....

2nd that. It is always good to play it safe and apply 3 months from your new address after moving. The likelihood of things for getting messed up decreases significantly.

[boch 0]

We made the mistake of filing a N-400 just after moving. That was a costly error - so it's a good thing you found the"resided within a state or district for at least three months" requirement before applying.

My wife's interviewer said that if she had filed the N-400, moved, and then filed a change of address that she would have qualified for purposes of residency. This is consistent with the requirement, which is to have "established residence in the jurisdiction 90 days prior to filing the application."

The USCIS Service districts are defined here:8 CFR PART 100. Florida and New York are in different Service Districts.

Best of luck.

Edited November 7, 2011 by boch

[Brother Hesekiel 2,236]

No.

Don't risk your sail boat to get in any storm during its journey. Play it safe. Wait 3 months and apply then.