N400 withdrawal

[girl123 3]

Hello,

 

I recently applied for citizenship, but I guess I didn't do a good job reading the requirements and missed the 3 month residency requirement. I had recently moved to Illinois from New York and at the day I applied for citizenship I was officially living here for 88 days (2 months 27 days). 

 

I say officially because I signed my lease in Illinois 88 days before my application, but I had arrived in Chicago 2 days before (so 90 days) and spend those days with a friend. 

 

I understand I will get a denial based on the residency requirement, to avoid wasting more time, waiting for interview, etc just to be denied, can I withdrawal my application? 

 

I feel so stupid by making such a terrible and avoidable mistake.

 

Thank you so much for any help/advice. 

[Alabamak1 688]

when was your application accepted? That's when you should the days

 

https://www.timeanddate.com/date/duration.html

[girl123 3]

Unfortunately I counted with the receipt date and I still account for only 88 days living in the state. 

[GreatDane 366]

Seriously? I'm surprised (and not) that this is an issue. Missing it by two days and losing your application fee? That's awful!

[girl123 3]

Don't even tell me about it...it is 100% my fault for not reading the guidelines or for maybe entering the date my lease started and not the date I arrive in Illinois as beginning of residency, but in any case, the online form alerts you in case you try applying before the other 90 day window (in my case 90 day before the 3 year anniversary) and so it should somehow alert of the 3 months in the same state as well...

 

I just saw a old case of someone here at visa journey that applied 92 before the 3 year anniversary and was denied.

 

That's why I am considering withdrawing my application, it may look better to withdraw than to get denied.

[girl123 3]

Maybe someone can shed me some light:

 

§319.1   Persons living in marital union with United States citizen spouse.

(a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

(1) Has been lawfully admitted for permanent residence to the United States;

(2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence;

(3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;

(4) Has been physically present in the United States for periods totaling at least 18 months;

(5) Has resided, as defined in §316.5 of this chapter, for at least 3 months immediately preceding the filing of the 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, in the State or Service district having jurisdiction over the alien's actual place of residence;

 

When is an application filed early pursuant to section 334(a) of the Act? Does anyone here know? FYI I was in compliance with the (90 days before the 3 year anniversary rule).

 

Thank you!!!