Fee Increase/3 months current address residency requirement

[Ellie Zabala 0]

Hi All,

 

As we are preparing to file my husband's N-400, I noticed a requirement stating that the applicant needed to have at least 3 months residency at their current address before applying. We recently moved to a new state about one month ago. Has anyone dealt with this before? I would typically have no issue waiting until 3 months have passed before we file; however, filing fees are going to increase drastically on Oct 2nd and would like to get this submitted with the current fees. Should we take the safe route and wait until the 3 months have passed or get the application sent before fees increase? I wonder if they would deny the application altogether if submitted early?

 

P.S. If you are thinking about filing soon- do it now! Fees for N-400 are increasing to approx. $1,200 on Oct. 2nd- FYI

 

Thanks in advance!

[bing10 114]

8 minutes ago, Ellie Zabala said:

Hi All,

 

As we are preparing to file my husband's N-400, I noticed a requirement stating that the applicant needed to have at least 3 months residency at their current address before applying. We recently moved to a new state about one month ago. Has anyone dealt with this before? I would typically have no issue waiting until 3 months have passed before we file; however, filing fees are going to increase drastically on Oct 2nd and would like to get this submitted with the current fees. Should we take the safe route and wait until the 3 months have passed or get the application sent before fees increase? I wonder if they would deny the application altogether if submitted early?

 

P.S. If you are thinking about filing soon- do it now! Fees for N-400 are increasing to approx. $1,200 on Oct. 2nd- FYI

 

Thanks in advance!

 

Yes, they are strict on that requirement. Sorry, you'll need to wait 2 more months before you can file. I know that sucks.

 

[JeanneAdil 6,610]

the rule is clear and so sorry for the price increase /if you file now,  your packet will be returned

 

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. 

exemptions are military,  students,  etc as noted in Chapter 6 

 

and you should notify USCIS of address change

 

also noted this

Filing a form online is better than mailing a paper form because you can: Enter your information using a phone, tablet, or computer; Get step-by-step instructions as you complete a form; ... Receive immediate confirmation that we have received your form instead of waiting for the mail.Jun 11, 2020

Edited September 21, 2020 by JeanneAdil

[geowrian 22,338]

Option 1) Send it without meeting the 90 day residency requirement. Pay the fee. Get denied. Proceed to Option 2.

Option 2) Wait. Send it once you meet the requirements. Pay the higher fee.

[SusieQQQ 11,587]

Yes. We’ve seen applicants denied. And disagree with post above saying they will return the package, the reports we have seen of this happening is the denial happens at the interview. 

[VinnyH 61]

If you are filing online, you won't get as far as being denied, because you won't even be able to submit the application and pay the fees to start with.

 

Things might have changed, but when you list your addresses in the last five years, the online tool will automatically calculate, for your current address, the date when you moved in, and if it is less than three months, there is an automatic check by the system (or error message) preventing you from going further (you might continue filling out the application on the next sections, but will not be able to do the final submission).

Edited September 22, 2020 by VinnyH

[Pumpkin 24]

On 9/21/2020 at 10:19 AM, JeanneAdil said:

the rule is clear and so sorry for the price increase /if you file now,  your packet will be returned

 

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. 

exemptions are military,  students,  etc as noted in Chapter 6 

 

and you should notify USCIS of address change

 

also noted this

Filing a form online is better than mailing a paper form because you can: Enter your information using a phone, tablet, or computer; Get step-by-step instructions as you complete a form; ... Receive immediate confirmation that we have received your form instead of waiting for the mail.Jun 11, 2020

Not OP but I wanted to ask...I moved to my current state back in October of last year (and that's what I wrote in my N-400 application) but I didn't actually change my address with USCIS until earlier this month (I know, stupid...but I thought I didn't have to since I didn't have any pending cases with USCIS after applying for my green card, ugh..). Does that mean that I haven't been a resident of my current state for 3 months yet?

 

Also, exemptions to this include military, does this apply only for active-duty or does it include their family as well? Since my husband is active-duty Air Force right now, am I exempted from that 3-month residency requirement?

[JeanneAdil 6,610]

16 minutes ago, Pumpkin said:

Not OP but I wanted to ask...I moved to my current state back in October of last year (and that's what I wrote in my N-400 application) but I didn't actually change my address with USCIS until earlier this month (I know, stupid...but I thought I didn't have to since I didn't have any pending cases with USCIS after applying for my green card, ugh..). Does that mean that I haven't been a resident of my current state for 3 months yet?

 

Also, exemptions to this include military, does this apply only for active-duty or does it include their family as well? Since my husband is active-duty Air Force right now, am I exempted from that 3-month residency requirement?

Includes family Chapter 4 of continuous residence

 

Certain classes of applicants may be eligible for a reduced period of continuous residence, for constructive continuous residence while outside the United States, or for an exemption from the continuous residence requirement altogether.^[4] These classes of applicants include certain military members and certain spouses of U.S. citizens.^[5] 

[ThaOne 101]

6 hours ago, Pumpkin said:

Not OP but I wanted to ask...I moved to my current state back in October of last year (and that's what I wrote in my N-400 application) but I didn't actually change my address with USCIS until earlier this month (I know, stupid...but I thought I didn't have to since I didn't have any pending cases with USCIS after applying for my green card, ugh..). Does that mean that I haven't been a resident of my current state for 3 months yet?

 

Also, exemptions to this include military, does this apply only for active-duty or does it include their family as well? Since my husband is active-duty Air Force right now, am I exempted from that 3-month residency requirement?

The military family and active duty thing, I would have thought so, but that is just a deduction so really don't quote me on that.

But one thing I can (almost) be certain of is that the address you just have on file doesn't determine whether you live in a state or not. Actual bills, mortgage, lease... can establish that. So if you moved in October and got a house/apartment or work there since then, the fact that you hadn't updated your current location doesn't make you a non resident of the place where you actually have been residing.

[tattva 3]

Not sure if this helps but I recently moved within the same city ( 10 miles apart  - No change to the field office ) . I was able to submit my online application without any issues . Now waiting to see if they will deny it based on the change of primary residence

[SusieQQQ 11,587]

29 minutes ago, tattva said:

Not sure if this helps but I recently moved within the same city ( 10 miles apart  - No change to the field office ) . I was able to submit my online application without any issues . Now waiting to see if they will deny it based on the change of primary residence

If the FO is the same it's fine. Nothing says you can’t move house.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

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 “service district” is defined as the geographical area over which a USCIS office has jurisdiction. 
 

Edited September 30, 2020 by SusieQQQ

[Eddielaw 0]

No worry federal judge block fees 80% for naturalization.

[HomingBaby 15]

RIP my application then. We moved to Atlanta last month and was celebrating beating the price increase deadline. Totally forgot about the 3-month rule. The $725 would be interview practice if I made it that far.

 

Speaking of that, if the interview happens in a year and we are well-passed the 3-months, did anyone have experience of approval in a similar circumstance?

[SusieQQQ 11,587]

2 hours ago, HomingBaby said:

RIP my application then. We moved to Atlanta last month and was celebrating beating the price increase deadline. Totally forgot about the 3-month rule. The $725 would be interview practice if I made it that far.

 

Speaking of that, if the interview happens in a year and we are well-passed the 3-months, did anyone have experience of approval in a similar circumstance?

I’ve seen a couple of reports of denial in that situation... sorry ...  they do examine eligibility at the time of filing. 

[HomingBaby 15]

On 9/30/2020 at 5:47 PM, SusieQQQ said:

I’ve seen a couple of reports of denial in that situation... sorry ...  they do examine eligibility at the time of filing. 

Update on my application. It was accepted and wifey is now US citizen!