N-400 90 Days Early Filing Rule

[Gnagnagna 1]

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.

[Angel012110 19]

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?

[huy_le 32]

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 March 17, 2015 by huy_le

[JimmyHou 610]

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.

[huy_le 32]

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.

[f1660114 18]

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 March 18, 2015 by f1660114

[f1660114 18]

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.

[JimmyHou 610]

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 March 18, 2015 by JimmyHou

[JimmyHou 610]

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.

[JimmyHou 610]

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.

[Angel012110 19]

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

[Hypnos 6,576]

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 March 18, 2015 by Hypnos

[Gnagnagna 1]

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.)

[Cathi 5,610]

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?

[Angel012110 19]

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