Need help with 3 month rule N - 400

[Sam12345 1]

Hi,

I applied for naturalization soon after moving to a new state. At that time I did not know about the 3 month rule. Two months later when I realized this mistake I contacted the customer service and talked to IO. On the phone IO mentioned that it is a requirement and that I could be denied because of this rule. Based on the conversation I felt he was saying it may or may not go in my favor at the interview. He suggested best option is withdraw and reapply after the 3 month period is satisfied. So I did that, I sent a letter to the local uscis office that I would like to withdraw. It has been few weeks and I did not hear from them so I contacted the customer service through the messaging option on my uscis account. I received a reply that if my receipt starts with 'NBC' or 'IOE' I need to send the withdrawal request letter to the USCIS/National Benefits Center in MO. So I sent a second letter informing them about my request and also mentioned that I already sent a letter to the local office. After few days of sending the second letter my status was updated that my interview is scheduled and would receive a letter soon. 

I'm little confused now. Is there any way I can cancel the withdrawal letter and go for the interview? I second letter is still in transit. I read mixed reviews, on this forum, about the 3 month rule that it can be waved at the discretion of the IO at the interview. 

Also, one interesting this is I got this interview invitation less than 3 months after applying. Thats very unusual. 

Thank you all for any input! 

[Hypnos 6,576]

The 3 month rule cannot be waived, is my understanding. 

 

You will likely be denied at your interview or shortly after, unless the same USCIS field office has jurisdiction over both your old and new address.

Edited September 10, 2019 by Hypnos

[Sam12345 1]

Thanks for the response! 

I moved from east to west coast so the jurisdiction is different. My interview is in 4 weeks so I'm thinking just go for it and offer to withdraw if the IO wants to deny at the interview. Worst case scenario I can reapply right. The interviews in my area takes more than a year and I guess I got the early interview due to distribution of cases to other offices in the region. How do I cancel the withdrawal request and let them know that I would like to attend the interview?

Spoke to an attorney and she mentioned that one of her client was in a similar situation and IO did not consider it against the applicant. Her client was approved. 

[jamrep 105]

2 hours ago, Sam12345 said:

Thanks for the response! 

I moved from east to west coast so the jurisdiction is different. My interview is in 4 weeks so I'm thinking just go for it and offer to withdraw if the IO wants to deny at the interview. Worst case scenario I can reapply right. The interviews in my area takes more than a year and I guess I got the early interview due to distribution of cases to other offices in the region. How do I cancel the withdrawal request and let them know that I would like to attend the interview?

Spoke to an attorney and she mentioned that one of her client was in a similar situation and IO did not consider it against the applicant. Her client was approved. 

Just let the process flow.Go to the interview and work with whatever happen there and then.

All the best now.Make sure u start studying!!!

[Hypnos 6,576]

A withdrawal cannot itself be withdrawn. 

[LotsOfForms 5]

41 minutes ago, Hypnos said:

A withdrawal cannot itself be withdrawn. 

Why not try a retraction instead 😜

[Sam12345 1]

Sorry for the delay in updating! I became an American citizen couple of months ago. IO brought it up but was okay with it. I guess it depends on the discretion of the IO.