n-400- CITIZENSHIP BASE 5YRS

[UMUC 3]

Safest bet is to look at your GC and check the 'permanent resident since' date on it. Check if that has been more than 5 years back. If so determine how much time you have spent abroad and if that would jeopardize the date you can file. If not, you can file from the date you became a resident plus 5 years.

If in a hurry, you could file up to 90 days earlier but that hasn't always shown to be use full. In some cases process had to be put on hold to make sure candidate was not sworn in too early. Putting application on hold is usually not an issue but could delay your case after all. My sense is its better to wait for few months.

[UMUC 3]

You are right about playing it safe as far as filing about a month after your 5 year anniversary BUT i have an acquaintance filed 2 months after and is yet to get an interview date as we speak? Any explanation on that please?!

I also have a friend who filed 90 days before her 5yr (got GC 6/11/2007 and mailed her stuff march 13th 2012 ..did her bio april and awaiting interview letter)

An explanation will be good too

[Memphis 26]

I GOT REJECTION LETTER FOR MY N-400 APPLICATION because i sent the citizenship application 3months before the 5ffth year of my GC...

To all who wish to file citizenship base of 5yrs it has to be exact date of residency..

I submitted my N-400 a month after the 5th year.. No problems at all..

[Penguin_ie 5,984]

You are right about playing it safe as far as filing about a month after your 5 year anniversary BUT i have an acquaintance filed 2 months after and is yet to get an interview date as we speak? Any explanation on that please?!

I also have a friend who filed 90 days before her 5yr (got GC 6/11/2007 and mailed her stuff march 13th 2012 ..did her bio april and awaiting interview letter)

An explanation will be good too

First case: how long as it been since she filed? Filing after the anniversary doesn't make things faster, it just means your case will definitely be accepted, and you can be sure it won't be slowed down by having to wait till after your anniversary fort he oath. Each field office does their own scheduling, so someone in New York may be waiting months and months, whereas someone in Fort Smith, Arkansas (where I had mine) is done in 2 months.

Second case is totally normal, not sure what explanation you are looking for?

[NickD 202]

USCIS goes nuts on dates, couldn't petition for my stepson, was barely over 21, stepdaughter had to wait the full five years, she barely turned 18 because of long delays in USCIS processing. And 90 days means 90 days with the USCIS. To play it safe, counted a maximum of 88 days on a calendar counting the day of your fifth green card anniversary as day one. A leap year can add an extra day that can be cause for rejection. Its not three months, its 90 days maximum, not minimum, but maximum and that should also be the date of your application and postmarked date.

You should apply as close to that 90 day limit for ROC, but still may have to wait 15 months before getting your ten year card, but entirely different with USC, can wait even until your ten year card is getting close to expiring.

Since you came here via marriage to a USC and got divorced, be prepared to do some explaining. If you married a person from your home country, would really have a lot of explaining to do. Getting married in good faith would be a strong issue with the USCIS.

[UMUC 3]

First case: how long as it been since she filed? Filing after the anniversary doesn't make things faster, it just means your case will definitely be accepted, and you can be sure it won't be slowed down by having to wait till after your anniversary fort he oath. Each field office does their own scheduling, so someone in New York may be waiting months and months, whereas someone in Fort Smith, Arkansas (where I had mine) is done in 2 months.

Second case is totally normal, not sure what explanation you are looking for?

None but thanks

[cafeconleche 2]

You can apply 5 years MINUS 90 days (not 3 months) after your "resident since" date on your green card, except when you have broken your CONTINUOUS RESIDENCE (been outside the US for more than 1 year at a time, though they can give you trouble even if it's between 6 months and 1 year), or have insufficient PHYSICAL PRESENCE (fewer than 913 days in the last 5 years) in the country. To be safe, you should have applied fewer than 90 days to your 5 year green card anniversary, as CIS can make mistakes in calculating. 80 days is safe.

Edited April 29, 2012 by cafeconleche

[bigdog 376]

Eager is good, just a costly mistake, good luck in a couple of months.

[ManuFred 10]

You can apply 5 years MINUS 90 days (not 3 months) after your "resident since" date on your green card, except when you have broken your CONTINUOUS RESIDENCE (been outside the US for more than 1 year at a time, though they can give you trouble even if it's between 6 months and 1 year), or have insufficient PHYSICAL PRESENCE (fewer than 913 days in the last 5 years) in the country. To be safe, you should have applied fewer than 90 days to your 5 year green card anniversary, as CIS can make mistakes in calculating. 80 days is safe.

That was exactly my point. There is no reason to apply for USC on the exact date you became eligible for most people. It hasn't always shown to be that much faster either applying date minus 90 vs date minus 80. My case is progressing smoothly as I applied end of February and will already be interviewing this week. However, I'm pretty sure it'll be another few months before I'll be sworn in while people interviewing after me will be sworn in before me. It's just the way these things go. Would you move to get faster processing. Don't think so :-)

[UMUC 3]

That was exactly my point. There is no reason to apply for USC on the exact date you became eligible for most people. It hasn't always shown to be that much faster either applying date minus 90 vs date minus 80. My case is progressing smoothly as I applied end of February and will already be interviewing this week. However, I'm pretty sure it'll be another few months before I'll be sworn in while people interviewing after me will be sworn in before me. It's just the way these things go. Would you move to get faster processing. Don't think so :-)

[UMUC 3]

By Gods grace everyone that filed 90 days before and after will be interviewed accordingly!

Yes local offices are all different BUT at the end of the day its all in Gods hand!!!

But thank you for the insight!

Edited April 29, 2012 by UMUC