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John Lock

Continuous Residence & N-652

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Hello All,

First time poster here. I'm currently a Permanent Resident (Marriage based). I moved to CA from MA in October, 2011 with my family. I became eligible for naturalization when I was living in MA, but I thought to apply for naturalization after moving to CA. I sent N400 application to USCIS in December and they received it on December 21, 2011. I have been married for four years so I thought I was eligible, not knowing that there is also a continuous residence in one state requirement, i.e, that I have to live in CA for three months before applying. USCIS should have sent me a letter stating that I am not eligible because I do not meet the requirements. But they didnt. They cashed the application fee check, called me for biometerics and then interview. I passed the test and the officer gave me N-652 saying that my application has been recommended for approval and I should get Oath ceromony letter in a week. Its been three weeks since my interview, and I get a phone call from that officer to see him again in person. When I asked the reason, he told me that I dont meet continuous residence requirement, and no one picked it up. He gave me a hint that either he'd have to deny my application, or I withdraw my application. And I might have to apply again, and sent them the application fee again. He gave me his phone number to schedule this appointment.

So now there are two things. I am going to pay the fee again. I dont know what effect this mess up is going to have on my future application. I mean, why am I suffering because of their mistake. Should I withdraw or get denied? Any insight/suggestions would be appreciated.

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Filed: Country: Netherlands
Timeline

Hello All,

First time poster here. I'm currently a Permanent Resident (Marriage based). I moved to CA from MA in October, 2011 with my family. I became eligible for naturalization when I was living in MA, but I thought to apply for naturalization after moving to CA. I sent N400 application to USCIS in December and they received it on December 21, 2011. I have been married for four years so I thought I was eligible, not knowing that there is also a continuous residence in one state requirement, i.e, that I have to live in CA for three months before applying. USCIS should have sent me a letter stating that I am not eligible because I do not meet the requirements. But they didnt. They cashed the application fee check, called me for biometerics and then interview. I passed the test and the officer gave me N-652 saying that my application has been recommended for approval and I should get Oath ceromony letter in a week. Its been three weeks since my interview, and I get a phone call from that officer to see him again in person. When I asked the reason, he told me that I dont meet continuous residence requirement, and no one picked it up. He gave me a hint that either he'd have to deny my application, or I withdraw my application. And I might have to apply again, and sent them the application fee again. He gave me his phone number to schedule this appointment.

So now there are two things. I am going to pay the fee again. I dont know what effect this mess up is going to have on my future application. I mean, why am I suffering because of their mistake. Should I withdraw or get denied? Any insight/suggestions would be appreciated.

Withdraw would probably the way to go because in that case you won't have to declare you have been denied on your future N-400 application.


N-400 application timeline

02-22-2012-- (00): documents sent

02-23-2012-- (01): NOA date

02-27-2012-- (05): check cashed

03-02-2012-- (09): bio appointment notice sent, bio date 03-15 (23)

03-05-2012-- (12): bio notice received

03-06-2012-- (13): early bio

03-12-2012-- (19): in line for interview scheduling

03-21-2012-- (28): scheduled for interview

03-28-2012-- (35): interview notice received

05-02-2012-- (70): interview. Rec. for Approval!

05-16-2012-- (84): in line for oath scheduling

06-19-2012-(118): scheduled for oath

06-21-2012-(120): oath letter received

07-06-2012-(135): oath

Passport application timeline

07-10-2012-- (00): application sent (card+book/routine service)

07-17-2012-- (07): application status online

07-26-2012-- (16): application on hold (name too long)

07-28-2012-- (18): RFI Tucson passport center (proposed shortened name) letter received

07-30-2012-- (20): reply sent to Tucson passport center

08-18-2012-- (39): passport book received

08-21-2012-- (42): passport card received

08-21-2012-- (42): CON received

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Filed: Country: Poland
Timeline

So now there are two things. I am going to pay the fee again. I dont know what effect this mess up is going to have on my future application. I mean, why am I suffering because of their mistake. Should I withdraw or get denied? Any insight/suggestions would be appreciated.

I would say that the mistake was yours in the first place. 3 months residency requirement is clearly stated in N-400 instructions.

Withdrawal seems to be a way to go now, at least you won't have to say that application was denied on the next one.

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