Early Filing and 3-month Residency Requirement

[Sam Walz 16]

Getting ready to file N-400 this month (with a pending 751). Asking mostly for curiosity since in our case the difference this makes is ~2 weeks.

 

Our family recently moved between states. PR anniversary is April 20, so technically eligible to file on Jan 20, however because of the move I won't meet the local residency requirement until Feb 3rd (assuming it applies). Except it looks like (per https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=D. 90-Day Early Filing Provision (INA 334), for people precisely in my position (i.e. Early Filers filing under INA 334), the 3-month residency requirement need only be met by the date of N-400 interview. 

 

Has something like this been discussed here? If so, what's the consensus opinion? I guess it doesn't make much of a difference for me personally but I can see this may be relevant for those who move relatively close to their 90-day early filing date and then having to wait a while (vs those who are already past their 5/3-year mark being able to file and then moving). 

[igoyougoduke 1,759]

3 hours ago, Sam Walz said:

Getting ready to file N-400 this month (with a pending 751). Asking mostly for curiosity since in our case the difference this makes is ~2 weeks.

 

Our family recently moved between states. PR anniversary is April 20, so technically eligible to file on Jan 20, however because of the move I won't meet the local residency requirement until Feb 3rd (assuming it applies). Except it looks like (per https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=D. 90-Day Early Filing Provision (INA 334), for people precisely in my position (i.e. Early Filers filing under INA 334), the 3-month residency requirement need only be met by the date of N-400 interview. 

 

Has something like this been discussed here? If so, what's the consensus opinion? I guess it doesn't make much of a difference for me personally but I can see this may be relevant for those who move relatively close to their 90-day early filing date and then having to wait a while (vs those who are already past their 5/3-year mark being able to file and then moving). 

You must have lived in the jurisdiction for 90 days before filing n-400 . So if you move there on Feb 4th you have to wait 90 days from that day to file .

 

This 90 day rule has nothing to do with interview . It applies to filing n-400 application . Without the rule people move to centers with quicker processing time on a day notice 

[Boiler 48,433]

Ohh I would leave a reasonable gap no need to make it tight

[Rhema1 553]

8 hours ago, Sam Walz said:

Getting ready to file N-400 this month (with a pending 751). Asking mostly for curiosity since in our case the difference this makes is ~2 weeks.

 

Our family recently moved between states. PR anniversary is April 20, so technically eligible to file on Jan 20, however because of the move I won't meet the local residency requirement until Feb 3rd (assuming it applies). Except it looks like (per https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=D. 90-Day Early Filing Provision (INA 334), for people precisely in my position (i.e. Early Filers filing under INA 334), the 3-month residency requirement need only be met by the date of N-400 interview. 

 

Has something like this been discussed here? If so, what's the consensus opinion? I guess it doesn't make much of a difference for me personally but I can see this may be relevant for those who move relatively close to their 90-day early filing date and then having to wait a while (vs those who are already past their 5/3-year mark being able to file and then moving). 

It's a USCIS requirement to live in the jurisdiction you are filling for at least three months.

You can try to make the address change in your new jurisdiction while waiting for those 90 days.

Your immigration history have to reflect this address ahead of time.

Also do the update of your driver license to reflect the current address.

[Crazy Cat 46,000]

9 hours ago, Sam Walz said:

Has something like this been discussed here? If so, what's the consensus opinion?

Yes.  Another vote to wait until you have been in the new district more than 90 days and wait until you are well within the 90 day early filing window.

[Dashinka 26,395]

I agree with the others about waiting to file.  Another consideration is what visa did you enter on?  If on a CR1 (since the I751 is in process it is either that, a K1, or an AOS from another visa), you need to have been living together in a marital union as an LPR for 3 yrs at the time of filing which can be an issue if a spouse entered on a CR1, so the 90 day early filing could result in a denial (3 months shy of the 3yr marital union requirement).  In this time of higher scrutiny, it is best to wait and make sure you meet all the filing requirements.

 

Good Luck!