Filing N400 and have a few questions

[n400help 2]

I am about to file my N400 and had a few doubts about it. I became a LPR on 11/10/11 and applied for removal of conditions in august 2013. Those conditions were lifted and I received a 10 year LPR in Jan 2014.

1) Is there any harm in filing early for N400 ?
2) I became a LPR on 11/10/11 and using the calculator I figured out that I am eligible to file for N400 on 08/12/2014. Is this correct ? I'm worried cause I have seen people denied for even being a day early.
3) The form asks for travel outside US in last 5 years which I did twice. Both these trips were not in the last 3 years. Would this cause any issues ?
4) I travelled to the US virgin islands once in the last three years for vacation, would this cause any problems ?
5) The two passport photos we have to mail out should be glossy or they can be matte ?

I would really appreciate if these could be answered. Thanks!

[KASH2011 382]

I am about to file my N400 and had a few doubts about it. I became a LPR on 11/10/11 and applied for removal of conditions in august 2013. Those conditions were lifted and I received a 10 year LPR in Jan 2014.

1) Is there any harm in filing early for N400 ?

2) I became a LPR on 11/10/11 and using the calculator I figured out that I am eligible to file for N400 on 08/12/2014. Is this correct ? I'm worried cause I have seen people denied for even being a day early.

3) The form asks for travel outside US in last 5 years which I did twice. Both these trips were not in the last 3 years. Would this cause any issues ?

4) I travelled to the US virgin islands once in the last three years for vacation, would this cause any problems ?

5) The two passport photos we have to mail out should be glossy or they can be matte ?

I would really appreciate if these could be answered. Thanks!

1. Not unless you file earlier than the "90 day window"

2. Based on the dates you have provided, 08/12/2014 seems about right!

3. Your trips should not be an issue if they were less than six months!

4. Nope!

5. Either can do as long as the photo requirements are met!

The links below have some info in relation to your questions and I am sure other members will chime in with more info! Good luck to you .

http://www.visajourney.com/content/naturalization_guide

http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

http://www.uscis.gov/forms/citizenship-and-naturalization-based-forms/document-checklist-form-n-400-application-naturalization

[Ian H. 207]

You are able to file now in August (make sure it's not a day more the 90 days lol).

In order to be able to file now in August, by the date of filing, you have to have been married for 3 years with your USC spouse, they have to have been a USC for 3 years, and you have to have been living as spouses together for 3 years.

So make sure those events have reached a 3 year mark before you submit the n400, with the exception of being an LPR for 3 years because you are allowed to apply 90 days before.

Also traveling within the US (USVI is part of the US) doesn't count as time spent outside the US. Also trips of less than 6 months have no negative effect on the n400 anyway.

As for the passport photos, I would rather use glossy, that's how I do them as well as professional photo places.

[n400help 2]

Thanks for all the answers.

I was married in July 2011 so the duration of living with the spouse and married is over three years now. She is a USC by birth so her being citizen for last three years is also not an issue.

My only concern is I want to make sure of the date that is 90 days before 3 years of LPR. As i mentioned I received my Conditional PR on 11/10/11 and my 10 year PR on 01/17/2014.

[JimmyHou 611]

Thanks for all the answers.

I was married in July 2011 so the duration of living with the spouse and married is over three years now. She is a USC by birth so her being citizen for last three years is also not an issue.

My only concern is I want to make sure of the date that is 90 days before 3 years of LPR. As i mentioned I received my Conditional PR on 11/10/11 and my 10 year PR on 01/17/2014.

You can mail in your application on the date you mentioned above... the one you got from the early filing calculator.

People argue about whether that's the date to mail it, or for letter to be postmarked, or for USCIS to receive it, or for them to process it and print your receipt notice. I wouldn't risk a denial just to save a few days. If I were you, I'd mail my application a few days or a week after the calculated date. That gives you a bit of a buffer in case the reviewer makes a mistake of a couple of days when adding up the 90 days.

[Ian H. 207]

Yes I agree with the above. Don't send it exactly 90 days before send it a few days later, just in case. You aren't required to send it right during the 90 day period anyway.

[n400help 2]

Hey all, thanks for the help. I'm going to mail the paperwork tomorrow. This should take care of 90 day early filing. I have a quick question :

They ask for 3 years of continuos and 3 years of LPR to be satisfied before early filing, I became LPR in 11/10/2011, does that disqualify me by any chance ?

[JimmyHou 611]

Hey all, thanks for the help. I'm going to mail the paperwork tomorrow. This should take care of 90 day early filing. I have a quick question :

They ask for 3 years of continuos and 3 years of LPR to be satisfied before early filing, I became LPR in 11/10/2011, does that disqualify me by any chance ?

That should be fine...

If you got your green card on 10-Nov-2011, then you can file on or after 12-Aug-2014 provided that:

-You will have met all the physical presence and continuous residence requirements outlined in Chapters 3 and 4 of the link below by the 3rd anniversary of your "Resident Since" date.

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

-You have been married to a US citizen for 3 years at the time you apply (meaning you've already passed your three year wedding anniversary).

-Your spouse has been a US citizen for three years at the time you apply.

Edited August 15, 2014 by JimmyHou

[n400help 2]

Thanks for the help. I sent it out on August 15th and It was delivered today (August 18th). Would update if any further help/suggestions are required.

[Kabul 0]

Hello every one! Is there any one applied for naturalization on April and still waiting for interview letter,? Thank you.

N-400 ( based on 5 years rule )
4/28/2012: sent the N-400 package
4/30/2014: package was delivered
4/30/2014: Receipt Date /Priority Date
5/4/2014: Check Cashed
5/06/2014-: Notice Date
5/14/2014: Biometric letter mailed
5/30/2014: Biometric appointment
7//8/2014 -:Pre- Interview (yellow Letter mailed
-------------: Interview appointment
-------------: Oath-taking

[n400help 2]

Hi,

I had my biometrics in the beginning of September and today I received a yellow pre-interview notice. It states 4 things on mine. I have a few questions about it and would appreciate the help.

1. The pre-interview notice is normal for everyone ? Is there anything to worry about ?

2. First thing it asks to bring in is the marriage certificate cause I'm filing in 3 years based on marriage ? Is that normal and should I take the original for it ?

3. They've asked for state ID/DL which is fine. They also asked for previous passports (expired and current) along with travel documents. What could travel documents consist of, basically what should I take ?

4. Third thing is my criminal record (I have 2 records). First is a speeding ticket which was driving 43 over the limit (98 on a 55) but was dismissed by court as it was my first ticket and I did community service. No fine was imposed. Should I take evidence for that and what all do I take ? Secondly I have a class A misdemeanor for retail theft from almost 7 years ago. I'll take the court records stating it was reduced to municipal citation and I only paid a fine. Would this record impact my application in a big way ?

Last, when could I expect my interview letter to come in approximately ?

Thanks in advance!

[Ian H. 207]

Hi,

I had my biometrics in the beginning of September and today I received a yellow pre-interview notice. It states 4 things on mine. I have a few questions about it and would appreciate the help.

1. The pre-interview notice is normal for everyone ? I think so. Is there anything to worry about ? No

2. First thing it asks to bring in is the marriage certificate cause I'm filing in 3 years based on marriage ? Is that normal and should I take the original for it ? You had to submit a copy with the application and you need the original for the interview.

3. They've asked for state ID/DL which is fine. They also asked for previous passports (expired and current) along with travel documents. What could travel documents consist of, basically what should I take ? Travel docs are things like reentry permits, refugee or asylee travel docs.

4. Third thing is my criminal record (I have 2 records). First is a speeding ticket which was driving 43 over the limit (98 on a 55) but was dismissed by court as it was my first ticket and I did community service. No fine was imposed. Should I take evidence for that and what all do I take ? If you were in court, you would want to bring evidence of this, the disposition of the case. This isn't as big of an issue unless it involved alcohol or drugs.

Secondly I have a class A misdemeanor for retail theft from almost 7 years ago. I'll take the court records stating it was reduced to municipal citation and I only paid a fine. Would this record impact my application in a big way ? This is a bigger issue so you would need evidence for this too. You would need the disposition of the case which you can obtain from the courthouse that handled your case.

Last, when could I expect my interview letter to come in approximately ? I'm not sure.

Thanks in advance!

[n400help 2]

Ian, thanks for your help. I had sent the original marriage certificate and certified court records with my application. I have more originals of my marriage certificates so I would take that. For my offence of retail theft, how big of repercussions could it have ? Where would be the right place to ask about this ? It was a misdemeanour but was reduced to municipal citation since I never had any previous record. Secondly, it was a while ago.

[Ian H. 207]

You didn't have to send the original since they only ask for a copy. The original is only necessary at the interview, but since you already sent it in they should have it there already.

Well theft is one of those things that affect the moral character part of the application, but since it was 7 years ago it may not have much weight especially since you didn't go to jail. Again this is just my opinion, I'm not sure how the IO makes this determination and I don't want to tell you if it will affect you if I'm not sure myself.

Hopefully, someone who knows for sure can chime in, but this is the best I can tell you.

[n400help 2]

I looked up all possible articles about this situation and all legal statue I could possibly read. The best answer would be a crime involving moral turpitude is considered a “petty offence” if:

• the maximum penalty that you could have received for committing the offence is exactly one year or less, AND
• you personally were sentenced to no more than six months imprisonment, regardless of the amount of time you actually served.

I satisfy both the conditions. I'm hoping this goes well but I guess it would come down to IO.