N-400 APPLICATION / AND TIME OUT OF COUNTRY

[mightyjosh07 0]

TIMELINE: 7/7/06 ARRIVED USA

9/8/06 MARRIED

2/12/07 RESIDENT SINCE

25 DAYS AUGUST 08 BACK TO PHILIPPINES FOR VACATION

5/7/09 10 YEAR GREENCARD RECEIVED

2 QUESTIONS... #1 WHEN CAN I APPLY FOR MY CITIZENSHIP (N-400)??

#2 MY HUSBAND IS MOVING TO INDIA TO START A NEW JOB AUGUST 15.... I WAS GOING TO APPLY NOW FOR MY CITIZENSHIP BUT AM NOT SURE IF I CAN YET. WHAT TYPE OF PROBLEMS WOULD I ENCOUNTER IF I GO WITH MY HUSBAND? I WAS HOPING I COULD APPLY FOR MY CITIZENSHIP NOW AND TRAVEL TO INDIA IN OCTOBER "AFTER" RECEIVING MY CITIZINSHIP.

FROM THE WAY I AM READING OTHER POST IT LOOKS LIKE I WILL HAVE TO WAIT UNTIL MY 3 YEARS LESS 90 DAYS (MID NOV.) COMES.... TO COMPLICATE MATTERS I AM PREGNANT....

ANY AND ALL REPLIES ARE GREATLY APPRECIATED.

THANKS....

[Anh map 2,098]

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Edited July 16, 2009 by Anh map

[Dakine 26]

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

[Anh map 2,098]

There it is in black and white on page 1. I apologize for jumping to the wrong conclusion.

[Kashif 0]

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Edited July 16, 2009 by Kashif

[milimelo 4,194]

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Not true - if she has been married to the USC for 3 yrs, resided in the US for 3 years (18 months), has been resident of the district for 3 months, she can apply 90 days before. Unless she does not meet all the conditions required, I don't see a reason why she would not be able to apply 90 days early.

[antda 13]

Hi Mightyjosh07,

Congratulations on your pregnancy! All the best for you and your baby too. By the way, I'm pregnant too (lol..and due next week), so feel free to PM me too, if you want to talk about pregnancy/baby related issues.

By the way, I posted this in another message thread, but I thought it would be helpful to you too...

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years (which for your case would be February 2010)

-Been married to the same USC who has been a USC for 3 years or more (which would be as a 3 year-old, if born in the USA)

-Been married to the same USC for 3 years (which in your case would be September 2009)

-Been residing physically in the USA for 3 years (which for your case would be the earliest February or March 2010, assuming that you don't have any long absences of residency outside of the USA for a very long period of time. Any trips outside of the USA for a long period of time can and will be used against you, especially trips of six months or more which can be considered loss of residency and even your green card)

In your case:

-You can file for US Citizenship, 90 days before 3 years after the "residence since" date on the card. (sometime in November 2009 at the earliest, and any time after that since you can apply for citizenship after...)

For example, in my situation:

I was married in April 2006...and yes, we have been married for 3 years+...but I have not met the other conditions for citizenship

I have been a permanent resident since November 2006.....and it is then that I reach permanent residency for 3 years....

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009, 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps too. Good luck on the rest of your immigration journey and pregnancy journey as well.

Ant

TIMELINE: 7/7/06 ARRIVED USA

9/8/06 MARRIED

2/12/07 RESIDENT SINCE

25 DAYS AUGUST 08 BACK TO PHILIPPINES FOR VACATION

5/7/09 10 YEAR GREENCARD RECEIVED

2 QUESTIONS... #1 WHEN CAN I APPLY FOR MY CITIZENSHIP (N-400)??

#2 MY HUSBAND IS MOVING TO INDIA TO START A NEW JOB AUGUST 15.... I WAS GOING TO APPLY NOW FOR MY CITIZENSHIP BUT AM NOT SURE IF I CAN YET. WHAT TYPE OF PROBLEMS WOULD I ENCOUNTER IF I GO WITH MY HUSBAND? I WAS HOPING I COULD APPLY FOR MY CITIZENSHIP NOW AND TRAVEL TO INDIA IN OCTOBER "AFTER" RECEIVING MY CITIZINSHIP.

FROM THE WAY I AM READING OTHER POST IT LOOKS LIKE I WILL HAVE TO WAIT UNTIL MY 3 YEARS LESS 90 DAYS (MID NOV.) COMES.... TO COMPLICATE MATTERS I AM PREGNANT....

ANY AND ALL REPLIES ARE GREATLY APPRECIATED.

THANKS....

[lucyrich 19]

The guide on the USCIS site How Do I Apply for US Citizenship says that you can apply after being an LPR for 3 years. Nothing there about filing 90 days before the anniversary date (as with removing conditions).

Given the info that you supplied that would be 2/13/2010.

Someone please correct me if I am not reading the guide correctly.

Check out the N-400 instructions. Says you may apply 90 days before meeting the "continuos resident" requirement.

I know MANY who have done so without any problems.

My understanding from 90 days rule is that it is only applicable if you apply on 5 year basis for a 3 year qualification there is no 90 days rule.

I am not an immigration expert this is my observation from different posts and web sites I have been through

Read the box at the bottom of page 22 of the M-476

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

You can't actually become a citizen until you've finished the full continuous residency requirement, which is why that appears in some guides as the "naturalization requirement". But you can send the paperwork in up to 90 days early. If they process it really fast, you might have to wait a bit to take your oath.

[warlord 72]

Yes you can apply 90 days before your 3 year LPR derived on marriage based status. Now your only took one trip so if that was the only one and you have lived and maintained residency in the US for the rest of the time, then you should have met the qualifications for continous residency. So that shouldn't be an issue. And yes you got the dates right, 90 days before 2/12/07. Though you probably will want to wait till the 88th day to be sure, many people have had their applications returned for filing on the 90th day exact, delaying them several weeks.

It's never wise to move out of the US especially when applying for citizenship. Since your husband is the citizen (he is correct?) and he is moving for work then you might have some leeway, but you would really need to check into that. A big issue would be you would have to make frequent trips back to the US for the finger prints, interview, oath (if granted) etc at moments notice. People have gotten their FP or interview notices just days before they happen, so that would mean dropping everything in India in a split second, jumping on a plane and getting here for the dates. All while trying to convince the IO that you are not breaking your residency and Green Card status by living with your working citizen husband in India...

[Dakine 26]

Yes you can apply 90 days before your 3 year LPR derived on marriage based status. Now your only took one trip so if that was the only one and you have lived and maintained residency in the US for the rest of the time, then you should have met the qualifications for continous residency. So that shouldn't be an issue. And yes you got the dates right, 90 days before 2/12/07. Though you probably will want to wait till the 88th day to be sure, many people have had their applications returned for filing on the 90th day exact, delaying them several weeks.

It's never wise to move out of the US especially when applying for citizenship. Since your husband is the citizen (he is correct?) and he is moving for work then you might have some leeway, but you would really need to check into that. A big issue would be you would have to make frequent trips back to the US for the finger prints, interview, oath (if granted) etc at moments notice. People have gotten their FP or interview notices just days before they happen, so that would mean dropping everything in India in a split second, jumping on a plane and getting here for the dates. All while trying to convince the IO that you are not breaking your residency and Green Card status by living with your working citizen husband in India...

I second all of the above. Especially o[ the 88th day submission/b]