Can I file 90 days before the 3 year anniversary?

[jjjdddlll 4]

Hello,

I've just come across this on USCIS' website:

You may file Form N-400 ninety (90) calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

• Permanent resident for at least 5 years; or
• Permanent resident for at least 3 years if you are married to a US citizen.

I had never read this before, and am a month away from the 3 year anniversary listed on my spouse's green card. Does that I mean I could file tomorrow?

Thanks for the help.

[Tom_Jim 40]

Yes, you may file tomorrow. Good luck.

EDIT: I forgot to mention. I'm sure you already know: the 90 days is from the date you became a permanent resident. I.e., if you became a permanent resident on 10 MAY 2012, you may file on 10 FEB 2015.

Edited January 3, 2015 by Tom_Jim

[JimmyHou 613]

Hello,

I've just come across this on USCIS' website:

I had never read this before, and am a month away from the 3 year anniversary listed on my spouse's green card. Does that I mean I could file tomorrow?

Thanks for the help.

You can send in your application 90 days before the third anniversary of your "resident since" date which is printed on your green card.

However on the day they receive your application, your spouse has to have already been a US citizen for three full years and you must have been married for at least three full years.

The 90 day early application rule only applies to the anniversary of the date you became a permanent resident, and not to the three-year marriage requirement or the three-year spousal citizenship requirement.

Edited January 3, 2015 by JimmyHou

[dioxide45 25]

Hello,

I've just come across this on USCIS' website:

I had never read this before, and am a month away from the 3 year anniversary listed on my spouse's green card. Does that I mean I could file tomorrow?

Thanks for the help.

This is a little confusing. Are you applying or is your spouse applying? Who is the US Cisitzen? If you are applying, you can apply 90 days in advance of the date on YOUR green card (barring all other conditions are met as outlined in the prior posts). If it is your spouse that has the green card, then they are the one applying.