N400 denied based on eligibility

[venusfire503 54]

So, what did interviewer say? That you filed 60 days too early or that you have to wait another year?

That's what I'm wondering. I think this is something important for anyone else who finds themselves in the same sort of situation (it's just curiosity for me). It really doesn't matter how any of us interpret it, or what we can quote.... I even wonder if the same sort of case is treated differently depending on who processes the paperwork. I have no idea.

venusfire

[Harpa Timsah 13,258]

The issue has been solved for the OP. It is not a matter of confusion or a capricious USCIS officer. The instructions indicate that you must have been married to a USC for 3 years before you can file the paperwork. They indicate that you can apply, if the other conditions are met (in this case being married a full 3 years to a single USC) up to 90 days before you have been a LPR for 3 years. The OP was not married to a USC for a full 3 years when they filed the paperwork, so they were not eligible. Remember, most people who gain GCs through marriage do not get them the same day they were married. There is usually a lag time of 3 months of more between marriage and LPR status.

As I said earlier, this might prove troublesome for K-1 entrants who obtain their GCs in less than 3 months after marriage, because they cannot estimate their naturalization clock by the "resident since" date on their GCs.

Some other people thought the OP is "double ineligible," if you will, by virtue of them not being sponsored through marriage for GC in the first place. However, the instructions indicate nothing about the applicant having to gain GC through USC marriage in order to qualify. The instructions simply state that the person must have been married to a single USC (if they divorce and remarry they are not eligible) "during the time" they were also GC holders for 3 years - 90 days. Therefore, it seems a person could, though it is probably rare, obtain a GC through work or other means. Then the GC holder gets married to a USC, and through that marriage essentially "upgrades" their naturalization clock to 3 years if they remain married to their new spouse. By literal interpretation of the instructions, this is possible. There is no indication that the applicant must GAIN LPR status through a spouse to be eligible for 3 years, though people still disagree for some reason. Surely, this is the most common way to qualify for the 3 year rule, but nothing says it is the only way. I think people are misreading the instructions, and adding something that is not there.

To answer Bob; "during such time" merely refers to the time the person was a GC-holder. They must be married to a single USC "during such time" in which they were a GC-holder.

Edited August 1, 2011 by Harpa Timsah

[Harpa Timsah 13,258]

Can't edit anymore - To further clarify to Bob, after I re-read his objection. Yes, "during such time" must indicate the last 3 years (and during which they were also LPRs), not the whole time they were LPRs.

[Brother Hesekiel 2,235]

Can't edit anymore - To further clarify to Bob, after I re-read his objection. Yes, "during such time" must indicate the last 3 years (and during which they were also LPRs), not the whole time they were LPRs.

Harpa,

good job. I just assumed that the requirement would imply that the applicant had received his or her Green Card based on marriage to a US citizen and would be still married to them. But as you showed, that's nowhere written down, so the O.P.'s case, as rare as it is, helped to clear this up.

I stand corrected.