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N-400 90 Days Early Filing Rule

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Hi,

I became a Conditional Permanent Resident in June 2011. In May 2012 I married.

Thus this May, I will be able to submit the N-400 form for naturalization.

My question, can I submit the form 90 days prior to May or only on the day of the anniversary in May?

Also, I lived in Florida until September last year, when I moved to Maine. I lived in Florida for the previous eight years, with only 36 days absences in that time.

However, I traveled in Oct. to Europe, and when I return in a couple of days, I will have been gone for 170ish days. (All combined is still ok with physical presence and continuous residence.)

Since I moved from FL to ME in Sept., I only spent 30 days in ME before travelling to Europe. When I am back in ME, do I have to be there another 60 days to fulfill the residency requirement, or does it suffice that I moved my residence from FL to ME, and am a resident of the latter since Sept. 14?

Thanks for your advice.

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I Don't Understand. You Got Married in 2012 but got a conditional green card in 2011? How did You get A Green Card Before Being Married? And did you Remove Conditions on your green card in 2013? if not how would you be applying for naturalization? I Think You Mean the Removing Conditions Application Correct?


ROC -I751: Removal of Conditions on Green Card   

Green Card Expires: 05/20/2017

Local USCIS office: Oakland Park, FL 

App Will Be Sent to: California Service Center

 

03/18/2017 - Application Sent (I-751)

03/20/2017 - Application Delivered. (Day 1)

03/24/2017 - Date Of Biometrics Letter (Day 4)

03/30/2017 - Date I Received Biometrics Letter (Day 10)

04/14/2017 - Actual Biometrics Appointment @ 10 AM (Day 25)

Never Received  - NOA 

01/18/2018 - I-551 Stamp (Day 305)

06/26/2018 - Case was transferred to NSC. (Day 463)

08/03/2018 - Received 18 month extension letter. (Day 501)

09/01/2018 - Submitted N400! (Day 530)

 

N-400 Citizenship 

Permanent Resident Since: 05/20/2015

Local USCIS Office: Oakland Park, FL 

Applied Online. 

 

09/01/2018 - Application Submitted Online (N-400)

09/07/2018 - Received physical copy of app receipt in the mail. (Day 6)

09/08/2018 - Biometrics Scheduled. (Day 7)

09/27/2018 - Biometrics appointment. (Day 26)

 

 

Started Dating: 04/11/08

Got Married: 04/11/14

2 beautiful baby boys: Ages 8 & 5

 

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No, you can submit N-400 3 years minus 90 days from the first day you obtained your conditional GC. Your anniversary has nothing to do with this.

Also, you must be residing for at least three months immediately preceding the filing your N-400 in your USCIS district or state.

Edited by huy_le

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No, you can submit N-400 3 years minus 90 days from the first day you obtained your conditional GC. Your anniversary has nothing to do with this.

Also, you must be residing for at least three months immediately preceding the filing your N-400 in your USCIS district or state.

This is not true.

You CANNOT submit your application prior to your third wedding anniversary.

To apply based on marriage, you can file 90 days prior to the third anniversary of the day you became a permanent resident if:

1) You have been married to your US citizen spouse for 3 full years on the day that you file.

2) Your spouse has been a US citizen for 3 full years on the day that you file

3) You meet the physical presence and continuous residence requirements.

What does this mean?

It means that if today you have been a permanent resident for 3 years minus 90 days and you marry a US citizen tomorrow, you can't immediately send in your application. You must wait until you have been married for 3 full years. Of course, in this case, it would make more sense to apply based on five years of residency.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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I noticed OP filed EB-5 so I strongly believe he/she got his/her LPR through investment. If his/her spouse is a USC, he can go ahead to file N400 now because he satisfies the 3 year requirement as a spouse of USC (he became eligible some time in Feb 2015 already).

Edited by f1660114

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What does this mean?

It means that if today you have been a permanent resident for 3 years minus 90 days and you marry a US citizen tomorrow, you can't immediately send in your application. You must wait until you have been married for 3 full years. Of course, in this case, it would make more sense to apply based on five years of residency.

In this case, OP married in May 2012 so in Feb 2015 he has been already eligible for N400 unless his spouse is not a USC.

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I said it because I assumed he got his GC through marriage unless he already got his GC before marriage, which was a different story.

It doesn't make any difference how you got your green card. Filing based on the three year marriage rule requires you to be married for three full years before he you sending your application. You can only apply 90 days before the anniversary of your third year as a permanent resident. But you must have been married for three full years to your US citizen spouse and your spouse must have been a US citizen for three full years before you apply.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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What does this mean?

It means that if today you have been a permanent resident for 3 years minus 90 days and you marry a US citizen tomorrow, you can't immediately send in your application. You must wait until you have been married for 3 full years. Of course, in this case, it would make more sense to apply based on five years of residency.

In this case, OP married in May 2012 so in Feb 2015 he has been already eligible for N400 unless his spouse is not a USC.

If OP got married in May 2012 then he is NOT eligible to apply in February 2015 because he or she has not been married for three full years.

I'm not sure what the confusion is here The 90 day early filing rule does NOT apply to the date of the wedding. There is a requirement that you been married for three full years to a US citizen.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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I noticed OP filed EB-5 so I strongly believe he/she got his/her LPR through investment. If his/her spouse is a USC, he can go ahead to file N400 now because he satisfies the 3 year requirement as a spouse of USC (he became eligible some time in Feb 2015 already).

This is not correct. The OP is not eligible to file at this time because he has not been married for three full years. The 90 day early filing rule does not apply to the date of the wedding. Please reread the instructions. It clearly says that you can apply 90 days prior to the anniversary of your becoming a permanent resident provided that you feel all other requirements. Those other requirements include three full years of marriage. Nowhere in the naturalization guide, the N 400 instructions, or the USCIS policy manual does it say that you can apply before three years of marriage. In fact, there are several cases posted on the site and on other sites, that describe people being denied at their interviews because they applied before their wedding anniversary.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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You Said you had conditional residency. did you remove the conditions on your green card in 2013?


ROC -I751: Removal of Conditions on Green Card   

Green Card Expires: 05/20/2017

Local USCIS office: Oakland Park, FL 

App Will Be Sent to: California Service Center

 

03/18/2017 - Application Sent (I-751)

03/20/2017 - Application Delivered. (Day 1)

03/24/2017 - Date Of Biometrics Letter (Day 4)

03/30/2017 - Date I Received Biometrics Letter (Day 10)

04/14/2017 - Actual Biometrics Appointment @ 10 AM (Day 25)

Never Received  - NOA 

01/18/2018 - I-551 Stamp (Day 305)

06/26/2018 - Case was transferred to NSC. (Day 463)

08/03/2018 - Received 18 month extension letter. (Day 501)

09/01/2018 - Submitted N400! (Day 530)

 

N-400 Citizenship 

Permanent Resident Since: 05/20/2015

Local USCIS Office: Oakland Park, FL 

Applied Online. 

 

09/01/2018 - Application Submitted Online (N-400)

09/07/2018 - Received physical copy of app receipt in the mail. (Day 6)

09/08/2018 - Biometrics Scheduled. (Day 7)

09/27/2018 - Biometrics appointment. (Day 26)

 

 

Started Dating: 04/11/08

Got Married: 04/11/14

2 beautiful baby boys: Ages 8 & 5

 

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OP became a CPR through the EB-5 investment visa program. This program requires RoC in a similar way that someone with a marriage under two years who obtains a green card through their US citizen spouse also needs to file for RoC.

As Jimmy said, you must have been married for at least three years to the same US citizen, who has been a US citizen for all of those three years if you file based on marriage. In this case the OP cannot file until their third wedding anniversary.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Thanks for the info.
I became a CPR based on a prior marriage. The conditions of it were removed in 2013.

I am now applying based on the marriage that began in May 2012.

Since I have been married for two years and ten months, I assume I have to wait till May to file N-400, if I read you correctly.

(Sorry for the EB-5 confusion in my profile. In fact, under the options for visa type, my category of IR6 is not listed. It ends with IR5 on the drop down thing.)

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Thanks for the info.

I became a CPR based on a prior marriage. The conditions of it were removed in 2013.

I am now applying based on the marriage that began in May 2012.

Since I have been married for two years and ten months, I assume I have to wait till May to file N-400, if I read you correctly.

(Sorry for the EB-5 confusion in my profile. In fact, under the options for visa type, my category of IR6 is not listed. It ends with IR5 on the drop down thing.)

why did you say you became a permanent resident in 2011?



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ok Good Luck Then! You're Almost done With the Process!


ROC -I751: Removal of Conditions on Green Card   

Green Card Expires: 05/20/2017

Local USCIS office: Oakland Park, FL 

App Will Be Sent to: California Service Center

 

03/18/2017 - Application Sent (I-751)

03/20/2017 - Application Delivered. (Day 1)

03/24/2017 - Date Of Biometrics Letter (Day 4)

03/30/2017 - Date I Received Biometrics Letter (Day 10)

04/14/2017 - Actual Biometrics Appointment @ 10 AM (Day 25)

Never Received  - NOA 

01/18/2018 - I-551 Stamp (Day 305)

06/26/2018 - Case was transferred to NSC. (Day 463)

08/03/2018 - Received 18 month extension letter. (Day 501)

09/01/2018 - Submitted N400! (Day 530)

 

N-400 Citizenship 

Permanent Resident Since: 05/20/2015

Local USCIS Office: Oakland Park, FL 

Applied Online. 

 

09/01/2018 - Application Submitted Online (N-400)

09/07/2018 - Received physical copy of app receipt in the mail. (Day 6)

09/08/2018 - Biometrics Scheduled. (Day 7)

09/27/2018 - Biometrics appointment. (Day 26)

 

 

Started Dating: 04/11/08

Got Married: 04/11/14

2 beautiful baby boys: Ages 8 & 5

 

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