N400 Application Process when exactly to file (merged threads)

[shefe 6]

Living with your spouse for 3 years before filing the application is what it says.

Yea, i see that on their website too but they create a conflict where they say you can file 90 days before 3 years of LPR anniversary

[Kolewenoik31 57]

Yea, i see that on their website too but they create a conflict where they say you can file 90 days before 3 years of LPR anniversary

Yeah it could be just like the ROC procedure, it's 90 prior to the GC expiry to. I believe those 90 days are early just for the sake of processing. I would say file as early in that 90 window as possible. Not earlier than that time because all they will do is send your app back. Besides you know they have to create conflict just so they can RFE us and that gives them more time to drink their coffee. lol lol lol and take breaks!

Edited March 7, 2016 by Kolewenoik31

[EM_Vandaveer 2,438]

Actually, you can file 90 days prior to having a GC for 3 years, but you can NOT file 90 days prior to being married to a USC for 3 years. There you have to wait the full 3 years. The question is if it's enough to be married OR married and living together for the full 3 years.

OP I believe to wait out the full 3 years in this case before filing.

[shefe 6]

Actually, you can file 90 days prior to having a GC for 3 years, but you can NOT file 90 days prior to being married to a USC for 3 years. There you have to wait the full 3 years. The question is if it's enough to be married OR married and living together for the full 3 years.

OP I believe to wait out the full 3 years in this case before filing.

So that throw the 90 days out of the window i wonder if that is what everyone who entered with green card with 2 years did. If they all file 90 days prior to becoming LPR for 3 years that means they only live with their US Citizen Spouse for 2 years 9 months..

[EM_Vandaveer 2,438]

So that throw the 90 days out of the window i wonder if that is what everyone who entered with green card with 2 years did. If they all file 90 days prior to becoming LPR for 3 years that means they only live with their US Citizen Spouse for 2 years 9 months..

You are right. I know you have to be married for the full 3 years, I'm not sure the living together for the full 3 years....

I don't have a personal experience as I was married almost 6 months before getting the GC and had been in the US the whole time so this did not come up for me.

[Kolewenoik31 57]

Ok I think this is clear look on the instructions sheet of the N-400 under early filing. It says that you can file up to 90 days before meeting the required 3 year continuous residence as an LPR. Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3 or 5 year period of continuous residence as a LPR. So to confirm for the final time after rereading, you can file early or should I say your wife can file early but she doesn't become eligible until the full 3 yrs has been met. I also believe that anytime outside the country may delay the 3 yrs as well. So it must be 3 years of living together.

Edited March 7, 2016 by Kolewenoik31

[shefe 6]

Ok I think this is clear look on the instructions sheet of the N-400 under early filing. It says that you can file up to 90 days before meeting the required 3 year continuous residence as an LPR. Although an applicant may file early according to the 90 day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3 or 5 year period of continuous residence as a LPR. So to confirm for the final time after rereading, you can file early or should I say your wife can file early but she doesn't become eligible until the full 3 yrs has been met. I also believe that anytime outside the country may delay the 3 yrs as well. So it must be 3 years of living together.

The 5 years rule is very clear but the 3 years rule with US Citizen living together for the past 3years is not clear

Where did you read this from ?

INS is very confusing sometimes

[Kolewenoik31 57]

The 5 years rule is very clear but the 3 years rule with US Citizen living together for the past 3years is not clear

Where did you read this from ?

INS is very confusing sometimes

Here is the link https://www.uscis.gov/n-400 Click on instructions and then scroll down to the black bold print it's right there.

[shefe 6]

Here is the link https://www.uscis.gov/n-400 Click on instructions and then scroll down to the black bold print it's right there.

Thank you so much i also saw this example also

Example 3: Miriam

• Jan 1, 2000 – Miriam becomes a permanent resident through marriage to a U.S. citizen.
• Jan 1, 2000 to Jan 1, 2003 – Miriam travels to England 4 times on 1-month trips to see her family. She maintains her residence in the U.S. and continues to stay married to the same U.S. citizen husband. Her combined time outside the U.S. was about 120 days (4 months). She takes no other trips abroad.
• As a permanent resident married to a U.S. citizen, Miriam may apply for naturalization after just three years. So on October 1, 2002 (90 days before Jan 1, 2003), she can file Form N-400. The 4 different 1-month trips did not disrupt her continuous residence because none of those trips lasted 6 month or more.

[EM_Vandaveer 2,438]

Yes, but filing 90 days before 3 years as a LPR & filing 90 days before being married to a USC for 3 years are TWO different things. The first is allowed, the second is NOT.

Edited March 7, 2016 by EM_Vandaveer

[Kolewenoik31 57]

Yes, but filing 90 days before 3 years as a LPR & filing 90 days before being married to a USC for 3 years are TWO different things. The first is allowed, the second is NOT.

I really don't know where you are getting hung up at all the OP wants to know is how soon he can file for naturalization for his wife.

[Ms Hogan 296]

Use this:

https://www.uscis.gov/forms/uscis-early-filing-calculator

[Ms Hogan 296]

So that throw the 90 days out of the window i wonder if that is what everyone who entered with green card with 2 years did. If they all file 90 days prior to becoming LPR for 3 years that means they only live with their US Citizen Spouse for 2 years 9 months..

You can send your paperwork in 90 days out. They will not interview you until after you hit your actual 3 year mark as LPR. I filed in December.

Look at my signature below, the Naturalization part. You can see I filed in December based on a March LPR anniversary date. They put me through biometrics right away HOWEVER, my interview was scheduled for a date that was after my anniversary of being a LPR. Someone else in the December thread who happens to be at the same field office as me, filed after me, had a later biometrics date BUT had their interview sooner because they had already been here longer than the 3 years so their LPR anniversary didn't have to be waited for.

[Gotansoldier 0]

Hello OP. I assume the date of issue on her first green card is the day she landed in the US so the earliest day she can file is April 15th, 2016. Just to be on the safest side send your application the following Monday which is April 18th, 2016. She should sign her form several days before mailing it but make sure it has the date she will mail it. For example, She plans to mail it on April 18th, 2016 but she has already filled the form on April 2nd. When she is signing the form on April 2nd, 2016 she should date the signature " April 18th, 2016". You should not worry yourself about when she will be a citizen officially, just take it step by step. Good luck.

[IcezMan_IcezLady 582]

So what date is safe to file ?

Do the math!!..dang!