Filling N400 - Question on 'place of residence' & Part 8

[DemRa 4]

Hello everyone.

I will be eligible to file N-400 for myself on July i.e. 90 days before I complete 5 years. It is known the applicant should reside " for at least 3 months in a State or Service district having jurisdiction over the applicant's actual place of residence". In case if I move to different state before or may be after I file the case, I will have to live in that NEW state for 3 months and then only I can file the N-400. Is there any better way to deal with this kind of situation so I won't have to push back my filling date and also can maintain my place of residence?

1. I think I have read some where in VJ that If I file AR-11 before I move out then I can file N400 right after I move into new state.!!! Is it correct????

OR Can I just file from the state where I am living right now and don't change my address to new one until I get the oath??

2. Also my wife's IV is under process. Her interview is on Aug and she is in our country. In N400 Part 8 E.3 - 'Spouse Immigration status' there is 2 options what should I write?

3. Will my wife have any privilege or benefit in any cases in future if I wait until she comes to the US and mentioned her as PR in N400??

Your Suggestions will be greatly appreciated. Thanks

Edited July 5, 2013 by DemRa

[BigDaddy28 228]

If you could stay and get done with your immigration process before you move its better, but if you have to move than you will have to wait 3 months. I'm telling you that because of safety reasons, first so you don't have to lie and say hey I live but you actually live there. Remember USCIS is going to look for any little lie to make you Deniable. You can mention your wife on your application as a PR before she naturalizes, don't put her as a US citizen when she is not. If she is by the time you file then you can. She will not benefit you since you are applying based on 5 year rule. If I understood your 3rd question right: your wife will have privileges as a US citizen more then being a PR. she can vote, jury ho for governmental jobs, get help if needed. But for you she will not be able to help you again because you are applying based on 5 year rule and you have been married to a US citizen less then 3 years. I hope I helped.

[DemRa 4]

If you could stay and get done with your immigration process before you move its better, but if you have to move than you will have to wait 3 months. I'm telling you that because of safety reasons, first so you don't have to lie and say hey I live but you actually live there. Remember USCIS is going to look for any little lie to make you Deniable. You can mention your wife on your application as a PR before she naturalizes, don't put her as a US citizen when she is not. If she is by the time you file then you can. She will not benefit you since you are applying based on 5 year rule. If I understood your 3rd question right: your wife will have privileges as a US citizen more then being a PR. she can vote, jury ho for governmental jobs, get help if needed. But for you she will not be able to help you again because you are applying based on 5 year rule and you have been married to a US citizen less then 3 years. I hope I helped.

Thank you silkafi88 for your reply. I think may be my question wasn't clear.

First thing, I am NOT married to a US citizen. But yes I am filing on 5-year rule. My wife is in our country NEPAL. We got married 2 and almost half years ago. Then I file I130 for my wife's Immigration Visa (IV) 2 years ago. Now her interview for IV is in Aug at US Embassy in Nepal. Hope I made myself clear this time.

-> In N400 Part 8 E.3 - 'Spouse Immigration status' there is 2 options: (a) LPR (b) Other ................

So now, if I file my N400 in July I obviously can't select 'Permanent Resident' for my wife because she hasn't got her GC yet. What should I write in option (b) Other ............... ???

And my other concern is - Let's say I wait until my wife get her GC and only then file my N400, I can select (a) LPR. By mentioning my wife LPR in N400, will she have any benefit in any of her cases in future?

-> I would love to finish my Naturalization process before I move. But if I have to move due to my job after I file N400 then what will be the better options I have to keep this process run smoothly?

[Brother Hesekiel 2,236]

You cannot change your address while the N-400 is pending. If you tried that, it's like derailing a fast train that is approaching a train station. It can cost you two years of delay, during which time they will try to find your old N-400 file. Don't do it.

Instead, keep your old address as the current one. Put your mail on hold at the post office (as USCIS mail can't be forwarded), or have a friend check it for you and call you once a day with the news.

Your wife's immigration status is "other." There's no possible benefit your wife would have if you became a US citizen before she gets her IR-1 visa.

[DemRa 4]

You cannot change your address while the N-400 is pending. If you tried that, it's like derailing a fast train that is approaching a train station. It can cost you two years of delay, during which time they will try to find your old N-400 file. Don't do it.

Instead, keep your old address as the current one. Put your mail on hold at the post office (as USCIS mail can't be forwarded), or have a friend check it for you and call you once a day with the news.

Your wife's immigration status is "other." There's no possible benefit your wife would have if you became a US citizen before she gets her IR-1 visa.

Thanks Brother. That's what I wanted to confirm. I also heard that If I file AR-11 before I move out to diff. state then I can file N400 right after I move into new state.!!! it doesn't make sense to me but Is that right????

Also, this '3-month place of residence' applies if only I moved to different state - right?? I hope it doesn't affect the same way as you said if I move to different city in the same state!!??

So can I write like this: Other: F2A visa under process

[formywife 9]

Hello everyone.

I will be eligible to file N-400 for myself on July i.e. 90 days before I complete 5 years. It is known the applicant should reside " for at least 3 months in a State or Service district having jurisdiction over the applicant's actual place of residence". In case if I move to different state before or may be after I file the case, I will have to live in that NEW state for 3 months and then only I can file the N-400. Is there any better way to deal with this kind of situation so I won't have to push back my filling date and also can maintain my place of residence?

1. I think I have read some where in VJ that If I file AR-11 before I move out then I can file N400 right after I move into new state.!!! Is it correct????

OR Can I just file from the state where I am living right now and don't change my address to new one until I get the oath??

2. Also my wife's IV is under process. Her interview is on Aug and she is in our country. In N400 Part 8 E.3 - 'Spouse Immigration status' there is 2 options what should I write?

3. Will my wife have any privilege or benefit in any cases in future if I wait until she comes to the US and mentioned her as PR in N400??

Your Suggestions will be greatly appreciated. Thanks

DemRa,

1. If you move then change the address, during Interview IO will go over every small details and you don't want to lie. You have to be 100% true and they have a right to deny your application if they find that you lied, no matter how serious is the lie.

2. My Wife's I-130 is still pending in CSC, in Part 8 E.3, I wrote "I-130 Pending" and I also mentioned Case Number.

3.I don't see any benefit for her in future if you wait. However, if you become citizen early, then she can file for her citizenship also early ( 3 years of marriage rule)

Good luck on your N-400 Journey.

[DemRa 4]

DemRa,

1. If you move then change the address, during Interview IO

will go over every small details and you don't want to lie. You have to be 100% true and they have a right to deny your application if they find that you lied, no matter how serious is the lie.

2. My Wife's I-130 is still pending in CSC, in Part 8 E.3, I wrote "I-130 Pending" and I also mentioned Case Number.

3.I don't see any benefit for her in future if you wait. However, if you become citizen early, then she can file for her citizenship also early ( 3 years of marriage rule)

Good luck on your N-400 Journey.

Thank you for your reply.

1. Yes you are right. But I heard that if I change my address after I file N400 then my process will take long long time so some people keep their old address current to avoid the delay. I know this is not a good idea. I also heard that If I file AR-11 before I move out to diff. state then I don't have to wait 3 months and can file N400 right away. it doesn't make sense to me but do you know something about it????

2. My wife's interview is on Aug 2013 so I am thinking to write Other: F2A visa in line for interview (case #) ??

3. I think she will get F2A visa and we have been married for more than 2 years. So in that case also she can file for her citizenship within 3 years?? I thought that is only for CR1/IR1.

[NigeriaorBust 4,087]

You need to be in the district for 3 months prior to filing and stay during the filing. So if you live in city A that is in filing distinct for Los Angeles you can move to city B as long as that is also in Los Angele district. You can't move to city C in the San Diego district. You must also file the correct change of address when you move as they will be looking at you extra close during this period.

[formywife 9]

Thank you for your reply.

1. Yes you are right. But I heard that if I change my address after I file N400 then my process will take long long time so some people keep their old address current to avoid the delay. I know this is not a good idea. I also heard that If I file AR-11 before I move out to diff. state then I don't have to wait 3 months and can file N400 right away. it doesn't make sense to me but do you know something about it????

2. My wife's interview is on Aug 2013 so I am thinking to write Other: F2A visa in line for interview (case #) ??

3. I think she will get F2A visa and we have been married for more than 2 years. So in that case also she can file for her citizenship within 3 years?? I thought that is only for CR1/IR1.

1. I don't know about it, as I stayed on same address during entire process of Naturalization.I am not right person to answer it, hopefully someone here will clarify this.

2. I think "F2A Visa in line for interview" will be fine. IO will anyway will go through it and hopefully your spouse will be here before your interview and you can change this answer at the time of interview.

3. I may be wrong but N-400 Application instruction does not indicate in which visa category person have entered. Instruction says :

To use this form you must be ONE of the following:

A lawful permanent resident for at least three years and at

least 18 years old;

AND

You have been married to and living with the same U.S.

citizen for the last three years;

AND

Your spouse has been a U.S. citizen for the last three years.

[DemRa 4]

You need to be in the district for 3 months prior to filing and stay during the filing. So if you live in city A that is in filing distinct for Los Angeles you can move to city B as long as that is also in Los Angele district. You can't move to city C in the San Diego district. You must also file the correct change of address when you move as they will be looking at you extra close during this period.

Thanks NigeriaorBust. when you said districts, is it District Attorney Districts?? OR is there any diff. list of geographical area define by USCIS. If there is something diff. do you know any links by any chance??

1. I don't know about it, as I stayed on same address during entire process of Naturalization.I am not right person to answer it, hopefully someone here will clarify this.

2. I think "F2A Visa in line for interview" will be fine. IO will anyway will go through it and hopefully your spouse will be here before your interview and you can change this answer at the time of interview.

3. I may be wrong but N-400 Application instruction does not indicate in which visa category person have entered. Instruction says :

To use this form you must be ONE of the following:

A lawful permanent resident for at least three years and at

least 18 years old;

AND

You have been married to and living with the same U.S.

citizen for the last three years;

AND

Your spouse has been a U.S. citizen for the last three years.

Thank you once again. That's good to know. I thought it's for IR1/CR1 only.......hope I won't have to move and don't need to wait another 3 months again...or someone might come up with better option for me just incase..... .let's see.