90 days before marriage anniversary

[JimmyHou 613]

Also, why would I withdraw my application? I feel as though I followed the rules and satisfied the requirements which is why I have made it this far, because someone else obviously thought the same,,, if I thought otherwise I would not have applied.

I think that other poster was suggesting that you withdraw the application so that you can save yourself time.

Assuming your 3-year anniversary is on August 15th and your interview ends up being scheduled for September 15th, you may have to wait until September 15th to see if you're denied or not. If you withdraw your application, you can send in another one in on August 15th and potentially save yourself a month.

My reading of the requirements is that you have to be married for 3 years before you apply. If you agree, then you can save some time by withdrawing and resubmitting your application. If you don't, then you should wait for the interview and hope for the best.

Either way, I good luck!

Edited July 9, 2014 by JimmyHou

[Canadianmamaof2 1]

If I get to the interview, get denied, and then refile, I will go straight into interview since I did the biometrics? Is that how that works?

[JimmyHou 613]

Sorry, I'm not sure about your timeline. Normally you apply, then you get your NOA, then you get your biometrics appointment, then you are placed in-line for interview, then you do your interview... that seems to take most people about 3 months.

[kzielu 1,154]

Look at this topic I created : http://www.visajourney.com/forums/topic/496815-married-3-years-or-3-years-90-days-to-file-n400/#entry7017398

Had sort of the same issue, answers I got were - have to married for 3 years to file N-400.

[BigDaddy28 228]

If I get to the interview, get denied, and then refile, I will go straight into interview since I did the biometrics? Is that how that works?

Hello:

I'm afraid that you will be denied because one of the requiremenets was not fulfilled. You obviously have 3 years of residence but in the application you have to be married to the SAME spouse for 3 years. Not 3 years minus 90 days it has to be at least 3 years of marriage. The 90 days applies only to residency.

You will have to do biometrics again even if you withdraw it or even if you got denied. I mean you will have to pay for it again anyways since you will have to apply again.

Sorry for the bad news. Good luck.

[Canadianmamaof2 1]

I won't have to pay because I have a fee waiver that was granted. I would use a fee waiver again, if it turns out I was denied.

[Canadianmamaof2 1]

I have read on the uscis website...

" The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing."

Then it says

"USCIS follows the language of the statute in requiring marital union only up until the time of filing.[4] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicants naturalization.[5]"

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

It says marital union but not 3 year requirement... Confusion...

[Canadianmamaof2 1]

http://cfr.regstoday.com/8cfr319.aspx#8_CFR_319p1

Also, this ... "(a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

(3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;"

[Canadianmamaof2 1]

Would like to update. My case was not denied. This issue was specifically brought up during my interview, too. The interviewer said it was fine. And their supervisor agreed.

Oath ceremony is in a little under 2 weeks.

[Ontarkie 14,948]

Congratulations!

[JimmyHou 613]

I'm genuinely happy for you! Congratulations!

However, for other people, please understand that this case could have been denied and similar cases HAVE been denied in the past (you can search for similar experiences) specifically for this reason.

The policy manual specifically states that the 90 days only applies only to the anniversary of permanent residency and that all other requirements ( including 3 years of marriage) must be met at the time of filing.

"The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the ​naturalization application ​up to 90 days before ​t​he ​date he ​or she ​would first ​me​e​t the ​required three-year period ​of continuous residence​.​ [10] ​Although an applicant may file early and may be interviewed during that period, the applicant is not eligible for naturalization until he or she has satisfied the required three-year period of residence. ​A​ll other requirements for naturalization mu​st be met at the time of filing.​"

In many cases some interviewers and even supervisors have been more lenient than others. This has happened with trips, traffic tickets, etc.

This is my understanding of the regulations and I could be wrong, but it's pretty obvious to me. As with everything, USCIS isn't very consistent and some people will be approved while others with identical circumstances will be denied, but I do not think that you should file before you have been married for three years.

Regardless, to Canadianmamaof2, congratulations! You definitely earned your citizenship!

I just want to encourage others to be cautions in case they are unlucky.

Would like to update. My case was not denied. This issue was specifically brought up during my interview, too. The interviewer said it was fine. And their supervisor agreed.

Oath ceremony is in a little under 2 weeks.

I'm genuinely happy for you! Congratulations!

However, for other people, please understand that this case could have been denied and similar cases HAVE been denied in the past (you can search for similar experiences) specifically for this reason.

The policy manual specifically states that the 90 days only applies only to the anniversary of permanent residency and that all other requirements ( including 3 years of marriage) must be met at the time of filing.

"The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the ​naturalization application ​up to 90 days before ​t​he ​date he ​or she ​would first ​me​e​t the ​required three-year period ​of continuous residence​.​ [10] ​Although an applicant may file early and may be interviewed during that period, the applicant is not eligible for naturalization until he or she has satisfied the required three-year period of residence. ​A​ll other requirements for naturalization mu​st be met at the time of filing.​"

This is my understanding of the regulations and I could be wrong, but it's pretty obvious to me. As with everything, USCIS isn't very consistent and some people will be approved while others with identical circumstances will be denied, but I do not think that you should file before you have been married for three years.

Regardless, to Canadianmamaof2, congratulations! You definitely earned your citizenship!

I just want to encourage others to be cautions in case they are unlucky.

Edited January 16, 2015 by JimmyHou

[JimmyHou 613]

Would like to update. My case was not denied. This issue was specifically brought up during my interview, too. The interviewer said it was fine. And their supervisor agreed.

Oath ceremony is in a little under 2 weeks.

Just to clarify, all I want to say is that in many cases some interviewers and even supervisors are more lenient than others. We have seen this in people's experiences during interviews when it comes to travel abroad and traffic citations for example. I believe this is one of those great areas where if you get an unpleasant interviewer, you could have a hard time. Once again congratulations.

Would like to update. My case was not denied. This issue was specifically brought up during my interview, too. The interviewer said it was fine. And their supervisor agreed.

Oath ceremony is in a little under 2 weeks.

Just to clarify, all I want to say is that in many cases some interviewers and even supervisors are more lenient than others. We have seen this in people's experiences during interviews when it comes to travel abroad and traffic citations for example. I believe this is one of those great areas where if you get an unpleasant interviewer, you could have a hard time. Once again congratulations.

[DC85 113]

You are lucky. Congratulation , I am really happy it worked out for ya

[Canadianmamaof2 1]

Uscis is totally a bag of mixed nuts. I was filled with nerves the whole process BECAUSE of this minor hiccup. It was not a fun process for me. I had a very kind and nice interviewer! That's for sure! Thank you all.

[JimmyHou 613]

Uscis is totally a bag of mixed nuts. I was filled with nerves the whole process BECAUSE of this minor hiccup. It was not a fun process for me. I had a very kind and nice interviewer! That's for sure! Thank you all.

I couldn't agree more! It would make things so much easier if they clarified a lot of their rules. So much guesswork involved in what's going to be a problem during an interview. It's great to hear that you got a nice interviewer! I hope you have a very smooth passport application process.