N400 filling eligibilty

[ymcjava 0]

Hey Guys,

 

I am trying to determine that I can file the n400 or not.

 

I  married to  US green card holder on and moved to USA on 04/22/2014 . Then my wife got citizen in 09/20/2015.  

should I able to file n400 based on 3 years (citizen) , early filing 90 days before or I have to wait until i complete 5 years

Thanks

[Alabamak1 688]

8 minutes ago, ymcjava said:

Hey Guys,

 

I am trying to determine that I can file the n400 or not.

 

I  married to  US green card holder on and moved to USA on 04/22/2014 . Then my wife got citizen in 09/20/2015.  

should I able to file n400 based on 3 years (citizen) , early filing 90 days before or I have to wait until i complete 5 years

Thanks

you wife needs to be a USC (foir 3 years) before you can file for yourself as married under the 3 year rule. You can always wait until you qualify and file under the 5 year rule and no need to apply under marriage

Edited July 24, 2018 by Alabamak1

[ymcjava 0]

Thanks for the reply. but  Still confuse.  my wife got citizenship n 09/20/2015 and based on early filing date I should be able to apply for 06/22/2018.  But I am still confuse that I have to wait until my wife complete 3 years on 09/20/2015 then what is the purpose of early 90 days filing options.

[KazuriSana 324]

Your wife has to already have been a USC for three years during that 90-day period, I believe. 

[Alabamak1 688]

10 minutes ago, ymcjava said:

Thanks for the reply. but  Still confuse.  my wife got citizenship n 09/20/2015 and based on early filing date I should be able to apply for 06/22/2018.  But I am still confuse that I have to wait until my wife complete 3 years on 09/20/2015 then what is the purpose of early 90 days filing options.

in order for you to get citizenship under the 3 year rule: Your wife needs to be at least 3 years a USC. She is currently not. She will be a USC in 09/20/2018, which is in a few months. Once she is a USC for 3 years and you are married to her still, then you can apply under the 3 year rule. You would be married to the same USC and she would be a USC for the prior 3 years

[ymcjava 0]

Thanks , I got it. but Then what is the purpose of early 90 days filing ,  If I have to wait until my wife complete 3 years as citizen. I  still did not get the early 90 days  filing options in this case.

[Villanelle 4,122]

I believe it was implied. 

 

You can file (up to ninety days before) the date your wife is a USC for 3 years and you are still married. Or you can file (up to ninety days before) 5 years from the date you became an LPR.

 

The 90 day window applys either way.

[GreatDane 366]

Also, what is the date on your issuance date on your initial Green Card? It needs to also be at least three years from that date. (Just covering all bases)

[Alabamak1 688]

27 minutes ago, ymcjava said:

Thanks , I got it. but Then what is the purpose of early 90 days filing ,  If I have to wait until my wife complete 3 years as citizen. I  still did not get the early 90 days  filing options in this case.

the 90 days only applies to you. As i understand it: Your wife has no way on avoiding the 3 year of USC. You can apply 90 days prior to being PR for 2 years and 9 months, but your wife still needs to be complete and full 3 years a USC. Hope this doesn't make things more confusing

[EM_Vandaveer 2,408]

19 minutes ago, Alabamak1 said:

the 90 days only applies to you. As i understand it: Your wife has no way on avoiding the 3 year of USC. You can apply 90 days prior to being PR for 2 years and 9 months, but your wife still needs to be complete and full 3 years a USC. Hope this doesn't make things more confusing

This. The 90-day thing doesn't apply to you, OP. You (and everyone else applying based on the 3-year rule) have to be married to a USC spouse for the full 3 years before they're eligible to apply.

The 90-day early filing concerns the time needed as a GC holder. Most people would marry their USC spouse BEFORE becoming a LPR so in their case they fulfill the 3 full year of being married to their spouse BEFORE their 3rd anniversary of becoming a LPR comes up. This second requirement ( being a GC holder for 3 years) has a 90-day early filing rule NOT the requirement of being married to the USC spouse for 3 full years (and said spouse to be a USC for those 3 full years).

[EM_Vandaveer 2,408]

51 minutes ago, Damara said:

I believe it was implied. 

 

You can file (up to ninety days before) the date your wife is a USC for 3 years and you are still married. Or you can file (up to ninety days before) 5 years from the date you became an LPR.

 

The 90 day window applys either way.

Incorrect. The marriage to the USC spouse (who has to be a USC for those 3 years) has to be the full 3 years before one is eligible to file.

The 90-day early filing only concerns the time needed to be spent as LPR (3 years minus 90 days).

Edited July 25, 2018 by EM_Vandaveer

[EM_Vandaveer 2,408]

1 hour ago, ymcjava said:

Thanks , I got it. but Then what is the purpose of early 90 days filing ,  If I have to wait until my wife complete 3 years as citizen. I  still did not get the early 90 days  filing options in this case.

It doesn't apply to you because you became a LPR before your wife became a USC.

[ymcjava 0]

Thanks for all the answer. seems like , I have to wait for few more months.  Is there any way I can get the authenticate answer like sending email  or calling usics will help ?

[Sugarlegetiti 566]

21 hours ago, ymcjava said:

Thanks for all the answer. seems like , I have to wait for few more months.  Is there any way I can get the authenticate answer like sending email  or calling usics will help ?

Call USCIS they will be able to help you, but you will get the same answer.

[BigEZ 39]

You will need to wait the full time before you file. The early filing rule only works if she had already been a citizen for at least 3 years on your date of application (i.e. 90 days minus your 3 year mark on a LPR).