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N-400 was returned :(

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So I just received my N-400 back in the post. It says I am not eligible at this time and to reapply after 8/30/12. However, my 3-year GC anniversary is 10/29/12 and I used the calculator to find the earliest application date of 7/31/12. I know they received it on 8/2/12. What the ?"{& is going on here?!

We've been married all that time, no long trips, pretty straight forward app I thought. I am at a loss as to why they would say that date. I'm figuring they made a mistake. I will call/email the military helpline tomorrow and see what they say. So annoying!

Has this happened to anyone else? Did you send it back again with a new cover letter? Any other thoughts as to what it could be?

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So I just received my N-400 back in the post. It says I am not eligible at this time and to reapply after 8/30/12. However, my 3-year GC anniversary is 10/29/12 and I used the calculator to find the earliest application date of 7/31/12. I know they received it on 8/2/12. What the ?"{& is going on here?!

We've been married all that time, no long trips, pretty straight forward app I thought. I am at a loss as to why they would say that date. I'm figuring they made a mistake. I will call/email the military helpline tomorrow and see what they say. So annoying!

Has this happened to anyone else? Did you send it back again with a new cover letter? Any other thoughts as to what it could be?

Have you resided at your current address all this time? Or at least for 3 months?


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Have you resided at your current address all this time? Or at least for 3 months?

Yep. OK I think I know what it is. 8/30/12 I thought was them thinking 60 days not 90. But also that is our wedding anniversary. I thought it was ok to apply -90 days since you only have to be married >3 years at time of oath. But obviously not. You have to be married >3years at time of app too. This is true right? I just hadn't read it explicitly.

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Yep. OK I think I know what it is. 8/30/12 I thought was them thinking 60 days not 90. But also that is our wedding anniversary. I thought it was ok to apply -90 days since you only have to be married >3 years at time of oath. But obviously not. You have to be married >3years at time of app too. This is true right? I just hadn't read it explicitly.

Not really so much to do with your wedding date, although you have to be married to the same USC you got your greencard through. The date you are eligible to take the oath is the one on your greencard ...Resident since _____ plus 3 years. You may apply 90 days before that.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Thanks Nich-Nick and asina! I keep reading and re-reading the instructions and I actually think they're really ambiguous. Like everyone else I read it as put in your 3-year green card date and -90 days. But you could also read it as 'you must meet all other requirements' before doing the calculation (i.e. be married 3 years) It's kinda unclear. I found a couple old threads that have mentioned this too. Or maybe it's just Nebraska! Anyway like I say we will call military # tomorrow and check. Ah well, it's only an extra month I suppose and at this stage it doesn't matter so much :)

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Whew! Blessing in disguise that I just sent my application today. At 90 days rule, I should send my application by July 23 but our third year anniversary was Aug 8. So if I send my application on July 23, they will return it to me.

Good thing I waited a little bit more.


Lifting Condition (I-751)

09/09/2011 - Sent the package to CSC

09/13/2011 - CSC received the package

09/15/2011 - CSC cashed check and NOA1 Received

09/26/2011 - Biometrics Appointment Notice Date (Sent)

10/13/2011 - Early Biometrics

10/19/2011 - Biometrics Appointment

10/26/2011 - GC expiration

11/25/2011 - Received RFE

11/28/2011 - Sent response to RFE

01/13/2012 - Ordered card production (Approved)

01/19/2012 - 10 yrs GC received

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You got it right. You must be married a full 3 years at the time of application. You can be a GC holder for 3 years - 90 days, but not less than 3 years married.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Hey I am sorry to hear about having ur N-400 returned...i actually posted about this topic earlier labeled "filing n-400" asking when was the correct time to file but the replies i got was just to read the instructions..which i did but again i wasnt sure of the -90 day rule...so what is the rule then? 3 years married and 3 years -90 days for gc holder?

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My wife got her green card through work. About a year after that, we got married.

We sent in her N-400 about 2 and a half months before our 3rd anniversary date of marriage, which was about 3 years 9 and a half months after she got her green card.

They took the application no problem -- it is definitely ok to send it in 90 days before you are eligible for citizenship. So, if you are applying based on marriage, you take whichever date is later -- green card start date, or marriage date, then add 3 years, then subtract 90 days, and you should be able to apply then.

If you aren't applying based on marriage, then it is 90 days before the 5 year date since you got a green card.


2012-04-17 N-400 filed

2012-04-19 NOA

2012-06-15 biometrics in Houston

2012-08-13 interview in San Antonio (why not Houston?) -- Passed!

2012-08-23 Oath ceremony

2012-08-23 U.S. Citizen!

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There are multiple conditions of eligibility for a 3 year citizenship. All of them have to be satisfied by the time you submit your application, with the exception of 3 years of permanent residency. For that, and only that condition they give you 90 day grace period.

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Here is another thread on this same issue: http://www.visajourney.com/forums/topic/322175-n400-denied-based-on-eligibility/

There is some arguing there, but it is solved in the end. This person was denied at interview, so I would feel happy it was simply rejected :)


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Just to confirm, called USCIS today, they were super nice and helpful and yes you have to be married 3years before applying. I've seen people on here send it earlier and they've been fine apparently but that's the official line.

I do feel lucky it was returned without cashing the check as people have noted. So I just hope this will help other people using 3year rule. You can't just take 90 days off your 3year GC anniversary, if there was less than 90 days between your wedding and receiving GC at AOS stage. Watch out!

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