Help! which CIS office to file N-400 under?

[IguanaCouple 26]

So here's the facts briefly.

I am married to a USC and I came to the US on a K-1. I'm due for filing my N-400 next month (Early filing 90 days before actual 3 years of residence).

When I came to the U.S. I was a de facto NJ resident as my wife owns a home in NJ and we use the address of that home. We file all our taxes from that address, my SSN card, my AOS, ROC everything was filed from that address.

I never got a driver's license until 6 months ago.

2 years ago we moved to Pennsylvania. My wife retained her NJ Driver's license and we still filed all our taxes in NJ. When I got my license 6 months ago, I got it from PA. Does that make me a PA resident? When we filed taxes this year we filed in NJ.

So last week we moved back to my wife's home in NJ. I still have my PA DL. What state am I a resident of and which CIS office should I file under? I'd like to repeat that we do not have any property in PA anymore and even though USPS will forward mail from our old property in PA, I do not want to risk having them lose the mail.

I'd like to file in NJ. The form says I have to reside in NJ for 3 months. How do I prove residence for 3 months? Do I have to get an NJ DL to prove it?

Thank you

[JimmyHou 611]

So here's the facts briefly.

I am married to a USC and I came to the US on a K-1. I'm due for filing my N-400 next month (Early filing 90 days before actual 3 years of residence).

When I came to the U.S. I was a de facto NJ resident as my wife owns a home in NJ and we use the address of that home. We file all our taxes from that address, my SSN card, my AOS, ROC everything was filed from that address.

I never got a driver's license until 6 months ago.

2 years ago we moved to Pennsylvania. My wife retained her NJ Driver's license and we still filed all our taxes in NJ. When I got my license 6 months ago, I got it from PA. Does that make me a PA resident? When we filed taxes this year we filed in NJ.

So last week we moved back to my wife's home in NJ. I still have my PA DL. What state am I a resident of and which CIS office should I file under? I'd like to repeat that we do not have any property in PA anymore and even though USPS will forward mail from our old property in PA, I do not want to risk having them lose the mail.

I'd like to file in NJ. The form says I have to reside in NJ for 3 months. How do I prove residence for 3 months? Do I have to get an NJ DL to prove it?

Thank you

Not everyone has a drivers license, so you can use bills, employment records, etc to show where you've been living.

First of all, since you don't live in PA now, you should not apply there.

You're sort of in a gray area, having lived in PA, but also maintained a residence in NJ.

My own interpretation of the rules (and I'm no lawyer) is that you were a PA resident and have only been living in NJ for a week... then again, your filing taxes in NJ is a little odd... you may be asked at the interview why you didn't file PA state taxes (assuming they exist)... just be prepared to explain this. This means that you would need to wait 3 months to apply. If you didn't have the home and history in NJ, there'd be no doubt that you would be ineligible at this time.

However, some interviewers are flexible when it comes to this issue.

You can apply in NJ and find out at your interview whether or not your case will move forward or you can wait and apply in 3 months. I would recommend the latter.

Edited March 15, 2016 by JimmyHou

[IguanaCouple 26]

@JimmyHou

Thanks for the info.

My wife is the primary tax filer and she has always maintained her NJ DL so we file in NJ (She has nothing but contempt for PA and refused to do anything official there). NJ and PA have some tax treaty so our tax guy said it's not a problem

I got a PA DL because it only takes 1 month in PA to go from no nothing to permit to driver's license whereas it takes like a year or something in Jersey and the Jersey driver's permit written exam is really tedious and I failed it twice. Does having a PA DL mandatorily by law make me a PA resident?

I really wanted my N-400 processed early so I can vote on Nov, 8th as it's very important to me. It'd be a crying shame if I got my citizenship a few weeks after the elections.

Doesn't the interview usually take 4-5 months from the date of filing anyway? If I file immediately and then if I have lived 3 months by the time the interviewer looks at my ID, would they send me home?

I looked up NJ residency rules and all it says is that I need to live in NJ. I'd have no problem proving to them that I have lived in NJ the whole time as I have lots of official documentation with our NJ address from the last few months.

Plus there's the multiple residency thing where people can be residents of 2 states at the same time. What's the worst thing that can happen if I file right away? Of course I'll trade in my PA DL for an NJ DL in the next few days just to be safe.

[JimmyHou 611]

@JimmyHou

Thanks for the info.

My wife is the primary tax filer and she has always maintained her NJ DL so we file in NJ (She has nothing but contempt for PA and refused to do anything official there). NJ and PA have some tax treaty so our tax guy said it's not a problem

I got a PA DL because it only takes 1 month in PA to go from no nothing to permit to driver's license whereas it takes like a year or something in Jersey and the Jersey driver's permit written exam is really tedious and I failed it twice. Does having a PA DL mandatorily by law make me a PA resident?

I really wanted my N-400 processed early so I can vote on Nov, 8th as it's very important to me. It'd be a crying shame if I got my citizenship a few weeks after the elections.

Doesn't the interview usually take 4-5 months from the date of filing anyway? If I file immediately and then if I have lived 3 months by the time the interviewer looks at my ID, would they send me home?

I looked up NJ residency rules and all it says is that I need to live in NJ. I'd have no problem proving to them that I have lived in NJ the whole time as I have lots of official documentation with our NJ address from the last few months.

Plus there's the multiple residency thing where people can be residents of 2 states at the same time. What's the worst thing that can happen if I file right away? Of course I'll trade in my PA DL for an NJ DL in the next few days just to be safe.

The worst thing that can happen would be that you would get denied at the interview and have to reapply in 4-5 months. In this case you'll have to pay the application fee again.

Depending on your field office, most people get interviewed 3 to 8 months after applying, but 2 or 12 month waits are possible.

You can probably argue the residence thing either way; meaning if you wanted to apply in PA you could say you've lived there too... if you can show that you've been living in NJ for 3 months prior to applying, then you'll be OK. If you're asked about your address in PA or your job in PA, you'll have to convince the officer that that was only temporary housing and that you actually live in NJ... this is a total guess, but just as a gut feeling, I'd give you better than 50% odds of approval if you apply in NJ

I'm more on the cautious side, so I'd probably wait, but I'd guess that you'll be ok.