N400 denied as I have not lived for atleast 3 months within the state we filled

[asuna50]

Hi,

1. I applied for US citizenship.I finished my fingure prints and went to attendb the interview. The interviewer said that I am ineligible and denied my application, as I have not met the criteria that the applicant must have lived for atleast 3 months within the state in which we are filing the application. It was a mistake though, but what I wonder is why in the first instance such applications are not screened out and informed that you are not eligible. Why have they called for next process and denied at the end, it is such a waste of money, time and effort.

2. The official has asked to provide an address proof that I resided at that address for 3 months, they suggested me to produce gas or phone bill, neither of the bills comes on my name, how or what proof can I provide for my next interview.I have a bank account 11/2 month old and non-drivers licence 1 month old, but I already stayed for 3 months and I do not have any other proof.

3. I have a greencard but I have been going to India every year from last 5 years, will this be a problem?

Can you please suggest and help me in this regard.

[weiwu_zhang]

Asuna50,

1. Try to add your name to the utility bills, bank statements, etc.

2. It matters not the overseas trips but how long you have stayed outside US every yr. Try to avoid trips of 180 days or longer.

3. Do read M-476: A Guide to Naturalization. It has an eligibility test. It has helped me tremendously.

Good luck.

David

[asuna50]

Thank you very much for your response.

Will they accept bank statement as address proof? And, even if I add my name in the bill now, the change will reflect only for the current and the subsequent months, what about the previous 2 months I have already stayed?

Best Regards,
Surya

Asuna50,

1. Try to add your name to the utility bills, bank statements, etc.

2. It matters not the overseas trips but how long you have stayed outside US every yr. Try to avoid trips of 180 days or longer.

3. Do read M-476: A Guide to Naturalization. It has an eligibility test. It has helped me tremendously.

Good luck.

David

[weiwu_zhang]

Will they accept bank statement as address proof?

-------I guess so. You may also request an employment verification letter from your boss or human resource person stating that you've lived in the state for at least 3 months.


And, even if I add my name in the bill now, the change will reflect only for the current and the subsequent months, what about the previous 2 months I have already stayed?

-------First of all, I'm not sure you can re-apply for N-400 immediately after your first application gets denied. So check "Guide to Naturalization" for details.

Good luck.

David

[poisontee]

Hi,

1. I applied for US citizenship.I finished my fingure prints and went to attendb the interview. The interviewer said that I am ineligible and denied my application, as I have not met the criteria that the applicant must have lived for atleast 3 months within the state in which we are filing the application. It was a mistake though, but what I wonder is why in the first instance such applications are not screened out and informed that you are not eligible. Why have they called for next process and denied at the end, it is such a waste of money, time and effort.

2. The official has asked to provide an address proof that I resided at that address for 3 months, they suggested me to produce gas or phone bill, neither of the bills comes on my name, how or what proof can I provide for my next interview.I have a bank account 11/2 month old and non-drivers licence 1 month old, but I already stayed for 3 months and I do not have any other proof.

3. I have a greencard but I have been going to India every year from last 5 years, will this be a problem?

Can you please suggest and help me in this regard.

On your denial letter it should state the reason why its denied and when you can apply again. In your case it looks like you should be able to apply anytime.

If you have evidence that you have lived there for 3 months, a letter from employer or others like others have suggested, then you can file Form N-336, Request for a Hearing on a Decision in Naturalization ...

Unfortunately, you will have to pay a fee of $605 to file that and its no guarantee your case will be approved.

The other option is to just file a fresh N-400 and this will cost you another $675 filling fee.

If all this is confusing consult an attorney!

Good luck!

[asuna50]

N400- withdrawn the application.

Thanks for the response,

Well, I do not have denial letter, actually I withdrawn the application at the time of interview. they asked me to choose either I can accept denial or withdraw the application. I choose to withdraw so that I can re-apply soon. I can apply once 3months is complete, I`ll complete my 3 months in this month. I am not employed.

I have evidence of living here only for previous 2 months. Luckly I opened a bank account in July end, but I have been staying here from June. I have a bording pass (From SFO to NY), and also attended the fingure prints at buffalo office in 1st week of July. I do not have any other adress proof for the 1st month. Will they accept these documents as address proof.

Thanks
Surya

On your denial letter it should state the reason why its denied and when you can apply again. In your case it looks like you should be able to apply anytime.

If you have evidence that you have lived there for 3 months, a letter from employer or others like others have suggested, then you can file Form N-336, Request for a Hearing on a Decision in Naturalization ...

Unfortunately, you will have to pay a fee of $605 to file that and its no guarantee your case will be approved.

The other option is to just file a fresh N-400 and this will cost you another $675 filling fee.

If all this is confusing consult an attorney!

Good luck!

[onthesky]

so scary

guys, I am so scary now. I did not read M476 and did not know I had to live in district or state for at least 3 month. Actually, I lived here for more than 2 months when I applied. Will they count the days up to the interview date or they will go by the application date?

actually, I have lived in this state for more than 5 years, it is just that I have not lived here for 3 months right before I sent out the application.

Please advise.

Thanks.

[asuna50]

Better to withdraw the application

Hi,
Based on my experience, i would suggest you to withdraw the application. (but you would loose the fee).

You have to make sure that be handy with the address proof for 3 months. As per M476 document, the applicant must have lived for atleast 3 months within the state in which you are filing the application.

Thanks
Surya

guys, I am so scary now. I did not read M476 and did not know I had to live in district or state for at least 3 month. Actually, I lived here for more than 2 months when I applied. Will they count the days up to the interview date or they will go by the application date?

actually, I have lived in this state for more than 5 years, it is just that I have not lived here for 3 months right before I sent out the application.

Please advise.

Thanks.