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sumesh

how requirement of 3 months residency prior to filing affects early filing

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Posted (edited)

1. Certain applicants are eligible to file 90 days before the required period of continuous residence as a Lawful PR.

2. Applicant must have lived in the state or USCIS district for at least 3 months prior to filing.

 

Based on these two requirements I am confused as to whether one is required to be present 3 months prior to 90 day window (hence 6 months prior to actual 3 year/5 year anniversary), or one has to be present in the state of filing at least three months at the time of naturalization.

I am asking this since I am contemplating moving to another state and my early filing date is approaching in next month. So, at this point is it too late to move or I can still move and file from new state knowing that I will be there at least 3 months prior to the Naturalization Ceremony.

 

I apologize if this is already discussed in earlier thread, in which case please share the link. Thanks in advance!

Edited by sumesh

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9 minutes ago, SusieQQQ said:

3 months prior to the date you file (whether or not you choose early filing).

Thanks, I am confused about the text in this link, and not able to understand exactly what it says:

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

 

image.thumb.png.c093e97f0f90bdd03404fb241247e858.png

 

the reference 15 links to CFR:

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.316_12

 

Not sure what constitutes examination of application.

 

 

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That paragraph implies to me they’ll give you the leeway if they happen to interview you basically on the date you become eligible (as they talk about the 3 months being within the 5 year eligibility period). For most people that’s not going to be a consideration. 

 

The instructions on the n400 itself clearly say . “You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;”

 

I’ve seen cases reported where people waited months for processing then got denied for not living where they were 3 months prior to filing. Not worth it in my opinion. Then you gotta file and wait all over again.

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1 minute ago, SusieQQQ said:

That paragraph implies to me they’ll give you the leeway if they happen to interview you basically on the date you become eligible (as they talk about the 3 months being within the 5 year eligibility period). For most people that’s not going to be a consideration. 

 

The instructions on the n400 itself clearly say . “You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;”

 

I’ve seen cases reported where people waited months for processing then got denied for not living where they were 3 months prior to filing. Not worth it in my opinion. Then you gotta file and wait all over again.

thanks , better be careful and stay I guess. My current employer is a pain but will stay another six months or so before looking for new job.

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