90 day rule and moving to a different state

[AmyWrites 593]

So we're within the 90 day-to-file for citizenship early timeframe, however we just moved to another state about two weeks ago. Do we have to wait to be in this state 90 days before filing for citizenship?

[NancyNguyen 1,657]

Yes, you need to prove 3month residency (bills,driver license, lease...) so establish residency in new state first.

[f1660114 18]

Can anyone correct if I am wrong?

(5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence; (Amended effective 11/28/2011, 76 FR 53764)

If my GC date is 09/01/2010 I can file N400 at TX today, then tomorrow I move to NY and then later scheduled for interview on 09/15/2015 at NY. To my understanding, I still satisfy the requirement of 90 days resided in the same district as stated in the phrase "immediately preceding the examination on the application (which is conducted on 09/15/2015)". Please share your advice.

[NancyNguyen 1,657]

Can anyone correct if I am wrong?

(5) Immediately preceding the filing of an application, or immediately preceding the examination on the application if the application was filed early pursuant to Section 334(a) of the Act and the three month period falls within the required period of residence under Section 316(a) or 319(a) of the Act, has resided, as defined under § 316.5, for at least three months in a State or Service district having jurisdiction over the applicant's actual place of residence; (Amended effective 11/28/2011, 76 FR 53764)

If my GC date is 09/01/2010 I can file N400 at TX today, then tomorrow I move to NY and then later scheduled for interview on 09/15/2015 at NY. To my understanding, I still satisfy the requirement of 90 days resided in the same district as stated in the phrase "immediately preceding the examination on the application (which is conducted on 09/15/2015)". Please share your advice.

Examination on the application = receipt of application, it is not interview.

[AmyWrites 593]

Examination on the application = receipt of application, it is not interview.

Yes, this is exactly what was throwing me off, thank you!

[f1660114 18]

Examination on the application = receipt of application, it is not interview.

Thanks for your input.

If examination on the application = receipt of application, applicant should wait three months before filing. However, I found another wording from USCIS that might make the confusion here in the following sentence. Here is the direct quote found on www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html "In cases where an applicant has filed early and the required ​three-month​ period of residence in a ​s​tate or Service District falls within the required three-year period of continuous residence, jurisdiction​ is ​based on the three-month period immediately preceding the examination on the application (interview).​"

If the examination on the application is actually the interview not the receipt of filing, they should change the wording so no confusion should be made.

Edited June 4, 2015 by f1660114

[JimmyHou 610]

Examination on the application is the interview, not the receipt of the application.

[f1660114 18]

Examination on the application is the interview, not the receipt of the application.

Thanks Jimmy, can you read my original post and confirm that applicant has no problem for 3-month residence requirement? Thanks.

[JimmyHou 610]

You have to live in your state for 90 days before you file.

You can move after you file. This may cause complications and delays because you will have to get USCIS to transfer your case.

It would be easier to wait the 3 months in your new state and then apply.

Let's look at what the policy manual says in two areas on the same page:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

"A. Three-Month Residency Requirement (in State or Service District)​

​

In general, an applicant for naturalization must file his or her application for naturalization with the State or Service District that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing. ​

​

The term “State” includes the ​District of Columbia​, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the ​Northern Mariana Islands​.​ [1] The term “Service District” is defined as the geographical area over which a USCIS office has jurisdiction.​ [2]

​

The Service District that has jurisdiction over an applicant’s application may or may not be located within the State where the applicant resides. In addition, some Service Districts may have jurisdiction over more than one State and most States contain more than one USCIS office.​

​

In cases where an applicant changes or plans to change his or her residence after filing the naturalization application, the applicant is required to report the change of address to USCIS so that the applicant’s A-file (with application) can be transferred to the appropriate office having jurisdiction over the applicant’s new place of residence.​"

That's the first point which is related to when you are eligible to apply. The second point is related to which office has jurisdiction over your application.

"In cases where an applicant has filed early and the required three month period of residence in a State or Service District falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application.​ [15]"

This means that if you apply 90 days early and then move, your new local office, and not the office you were near when you applied, has jurisdiction over the application.

So these are two separate issues; one related to eligibility and one related to jurisdiction. You need to live in a state 90 days prior to applying, not prior to your interview. That's very clear. But the jurisdiction issue is not as clear. If you live in LA and you apply and then move to NY, then clearly, LA no longer has jurisdiction over your application because you don't live there. But according to the above, NY doesn't have jurisdiction over your application either until you've lived in NY for 90 days. So according to the rules, you can apply in LA and move to NY the next day/week/month. NY should then schedule your interview only after you've been in NY for 90 days, but what happens if they mess up and schedule your interview for less than 90 days after you move? Do they reschedule for a later date? Approve you anyway? Deny the application? None of that is spelled out in the rules, which means it's up to the interviewer and supervisor unless you can convince them otherwise.

Some, maybe even many, USCIS officers aren't fully aware of these rules, so it's best to avoid the issue, in my opinion, and apply 90 days after moving to NY. Considering that people regularly face delays of several months when transferring their cases, it seems obvious to me that the best thing to do would be to move, wait, and then apply.

Edited June 4, 2015 by JimmyHou

[f1660114 18]

Thanks Jimmy. I know those are extreme cases and it'd better to avoid such a hassle by applying 90 days after moving to a certain place.

[chinesesatellite 13]

On 6/4/2015 at 1:35 PM, JimmyHou said:

You have to live in your state for 90 days before you file.

You can move after you file. This may cause complications and delays because you will have to get USCIS to transfer your case.

It would be easier to wait the 3 months in your new state and then apply.

Let's look at what the policy manual says in two areas on the same page:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

"A. Three-Month Residency Requirement (in State or Service District)

In general, an applicant for naturalization must file his or her application for naturalization with the State or Service District that has jurisdiction over his or her place of residence. The applicant must have resided in that location for at least three months prior to filing.

The term “State” includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. [1] The term “Service District” is defined as the geographical area over which a USCIS office has jurisdiction. [2]

The Service District that has jurisdiction over an applicant’s application may or may not be located within the State where the applicant resides. In addition, some Service Districts may have jurisdiction over more than one State and most States contain more than one USCIS office.

In cases where an applicant changes or plans to change his or her residence after filing the naturalization application, the applicant is required to report the change of address to USCIS so that the applicant’s A-file (with application) can be transferred to the appropriate office having jurisdiction over the applicant’s new place of residence."

 

That's the first point which is related to when you are eligible to apply. The second point is related to which office has jurisdiction over your application.

 

"In cases where an applicant has filed early and the required three month period of residence in a State or Service District falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application. [15]"

 

This means that if you apply 90 days early and then move, your new local office, and not the office you were near when you applied, has jurisdiction over the application.

So these are two separate issues; one related to eligibility and one related to jurisdiction. You need to live in a state 90 days prior to applying, not prior to your interview. That's very clear. But the jurisdiction issue is not as clear. If you live in LA and you apply and then move to NY, then clearly, LA no longer has jurisdiction over your application because you don't live there. But according to the above, NY doesn't have jurisdiction over your application either until you've lived in NY for 90 days. So according to the rules, you can apply in LA and move to NY the next day/week/month. NY should then schedule your interview only after you've been in NY for 90 days, but what happens if they mess up and schedule your interview for less than 90 days after you move? Do they reschedule for a later date? Approve you anyway? Deny the application? None of that is spelled out in the rules, which means it's up to the interviewer and supervisor unless you can convince them otherwise.

 

Some, maybe even many, USCIS officers aren't fully aware of these rules, so it's best to avoid the issue, in my opinion, and apply 90 days after moving to NY. Considering that people regularly face delays of several months when transferring their cases, it seems obvious to me that the best thing to do would be to move, wait, and then apply.

I hope it’s okay to respond to this not-so-recent thread/comment as I feel this might apply to me.

 

I filed my n400 in Portland, OR in February 2020 after 4 years of living there. This month, October 2020, I moved to Boston, MA. The day after the USCIS received my change of address, I was scheduled for my interview. It is next week, November 3rd. (I did not expect it to be so soon, I was anticipating that my interview would be scheduled at a much later date due to COVID and processing my case from one state to another.) 

 

By that time my interview happens, I would have been living in MA for just about a month. I’m hoping this is not going to be grounds for denial, as I have not been living here for 90 days yet? The fact that my interview was scheduled much, much quicker than expected was not a circumstance I could control. Should I ask for my interview to be rescheduled?