When to file N400

[Pomwenepawa@gmail 0]

Hi. Please help clarify for me:

 

I have been a U.S. resident since 9th December 2021 which means I can now file for neutralization. 

 

However, I had temporarily relocated from Kansas (where I had been living since April 2018) to Albama for about 8 months (29th December 2023 to 2nd August 2024).  I updated the change in address on my USCIS online account when I moved to Alabama and when I moved back.

 

Does this mean I have been a Kansas resident only from 2nd August 2024 and need to wait to re-accumulate 3 months of residence before I can file for nuetralization?

 

Thank you for all you help.

 

 

 

[OldUser 7,034]

Don't ever file for neutralization.

Naturalization is what you need.

 

5 years from 2021 is 2026.

Are you applying based on marriage to US citizen? How are you eligible to apply now?

 

Yes, you have to be living in your new state for 3 months before you can apply (if you meet other requirements). Make sure to get local DL etc meanwhile.

 

Edited September 18 by OldUser

[NorthByNorthwest 359]

9 minutes ago, Pomwenepawa@gmail said:

However, I had temporarily relocated from Kansas (where I had been living since April 2018) to Albama for about 8 months (29th December 2023 to 2nd August 2024).  I updated the change in address on my USCIS online account when I moved to Alabama and when I moved back.

 

Does this mean I have been a Kansas resident only from 2nd August 2024 and need to wait to re-accumulate 3 months of residence before I can file for nuetralization?

 

Yes, you need to wait until you've lived three months in your current state/district:

Applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

[ksh9256 21]

Doesn't the 3 year timer start from when you get your green card, and not from when you are married? I've got the same issue and may have misread the rules. Took a year to get her first greencard

[MJ&YY 133]

1 hour ago, ksh9256 said:

Doesn't the 3 year timer start from when you get your green card, and not from when you are married? I've got the same issue and may have misread the rules. Took a year to get her first greencard

Yes, correct. It’s 3 years as a permanent resident (rec’d green card) including the 3 years of marriage while a permanent resident if filing to naturalize through marriage. 
 

The OP hasn’t clarified whether they’re married to a USC and for how long. If they adjusted status another way, it would be 5 years as a green card holder. 

Edited September 19 by MJ&YY

[Pomwenepawa@gmail 0]

Thank you everyone. I have been married to a US citizen since January of 2020 and we are still married.  Based on that I am following the 3 year rule.

[OldUser 7,034]

1 hour ago, Pomwenepawa@gmail said:

Thank you everyone. I have been married to a US citizen since January of 2020 and we are still married.  Based on that I am following the 3 year rule.

 

You need to be married for 3 years and resident for 3 years to apply, which it seems you are.

 

Did you file I-751? Is it already approved or still pending?

 

[Pomwenepawa@gmail 0]

Yes. USCIS received my I-751 application on 30th September 2023. Almost 1 year ago.  It has not been approved yet, it says they are actively reviewing it.

[OldUser 7,034]

4 minutes ago, Pomwenepawa@gmail said:

Yes. USCIS received my I-751 application on 30th September 2023. Almost 1 year ago.  It has not been approved yet, it says they are actively reviewing it.

This is normal. I-751 take 2-3 years in a lot of cases nowadays. Most likely you'll get interviewed for both.