I remember when we applied for removal of conditions we did that on 1/08/07 (90 days before expiration). My wife's residence since date is April 8, 2005. Can we apply for naturalization on January 8 or do we have to wait until April 8? Thanks.

ps...although we were married in August of '04, we weren't "living together" until she got here in April of '05, so I think that means we have to wait until April '08 unless someone tells me differently (and knows what they are talking about...hahaaa)...thanks!

http://www.uscis.gov/files/form/N-400ins.pdf

I think so too, but I'm still not 100% sure. We're in a similar situation, having entered the US with a CR-1 visa in January of 2005.

It's clear that the law says the alien must have been "living in valid marital union with" a US citizen for a full entire three years before the application is filed. No 90 day shortcut is allowed on this point. Whether that "living in valid marital union with" must have been under the same roof and in the same country is harder to pin down, but it seems to be a reasonable interpretation that pretty much the whole time must have been in the same household in the same country. That seems to be the position taken in the language of the M-476.

If you want to argue differently and file early, you can try, but if anyone questions it, I imagine it will take longer than 90 days to settle the matter. Personally, I think the fastest and safest route for us to get naturalization is to wait until we've completed a full three years living together in the USA under the same roof. Someone else may take a less conservative approach, and I welcome hearing the results of their attempt. But I don't personally want to be involved in a case that gets published and sets a precedent. It's absolutely clear an unambiguous that we'll be eligible after the full three years are passed, and after waiting as long as we have, the extra 90 days isn't so much more terrible.

There's a thread where a number of people chimed in on the issue here.

Take the date of issuance of your first green card add 3 years and subtract 90 days. That is the day that you can file the N-400 if you file as a spouse of a citizen

That would work if, on the date you filed, you had been married to and living with your US Citizen spouse for at least a full 3 years (not 3 years minus 90 days). Many people are in that situation. Most people who gain their first green card through adjustment of status fit that profile.

But some of us aren't in that situation. It's possible that you only started living together on the date LPR status started. That's not so uncommon for those who enter on a CR-1 visa.

See the box at the bottom of page 22 of the M-476 for an explanation.