90 days rule when applying after 3 years/marriage to USC

[br9k 23]

Could anyone clarify the 90 days rule as it applies to those who submit N400 based on marriage to a USC.

Sample dates:

- 3 years anniversary of marriage to a USC is on November 1st.

- 3 years anniversary of permanent residency (based on "resident since date") is on December 20th

 

Can we apply 90 days prior to December 20th (i.e. on September 20th or thereabout) even though 3 year anniversary of being married to a USC has not been reached (but will be at the time 3 year anniversary of permanent residency is reached).

Or do we still need to wait until the 3 year anniversary of marriage to a USC, and apply on/after November 1st?

Edited September 4, 2018 by br9k

[Cyberfx1024 7,978]

12 minutes ago, br9k said:

Could anyone clarify the 90 days rule as it applies to those who submit N400 based on marriage to a USC.

Sample dates:

- 3 years anniversary of marriage to a USC is on November 1st.

- 3 years anniversary of permanent residency (based on "resident since date") is on December 20th

 

Can we apply 90 days prior to December 20th (i.e. on September 20th or thereabout) even though 3 year anniversary of being married to a USC has not been reached (but will be at the time 3 year anniversary of permanent residency is reached).

Or do we still need to wait until the 3 year anniversary of marriage to a USC, and apply on/after November 1st?

It is the 3 years anniversary on the Green Card not the marriage date.

[NikLR 13,220]

49 minutes ago, br9k said:

Could anyone clarify the 90 days rule as it applies to those who submit N400 based on marriage to a USC.

Sample dates:

- 3 years anniversary of marriage to a USC is on November 1st.

- 3 years anniversary of permanent residency (based on "resident since date") is on December 20th

Red no

Green yes! 

[br9k 23]

Right, I understand that part. However instructions to N400 state that to apply 90 days prior to the GC/PR 3 year anniversary, "all other conditions must be satisfied". So I am trying to understand whether "all other conditions must be satisfied" at application time means that:

- 3 years of marriage to USC must be complete at application time ("90 days prior to GC anniversary")

- or it is sufficient that 3 years of marriage to USC will be complete by the actual 3 year GC anniversary (but not yet complete at application time "90 days prior")?

[drosha 23]

You have to be married to the USC that is your sponsor for at least 3 years at the time of application. There is no 90 day grace period for that. Your spouse also needs to be a US citizen for at least 3 years at the time of application.

[br9k 23]

Got it, thank you for the clarification!

 

That's what I suspected as well, but wanted to get someone else to confirm. So, will wait another month for the 3 year wedding anniversary. 

 

[The Conqueror 47]

On 9/3/2018 at 5:19 PM, br9k said:

Could anyone clarify the 90 days rule as it applies to those who submit N400 based on marriage to a USC.

Sample dates:

- 3 years anniversary of marriage to a USC is on November 1st.

- 3 years anniversary of permanent residency (based on "resident since date") is on December 20th

On 9/4/2018 at 9:38 AM, br9k said:

Got it, thank you for the clarification!

 

That's what I suspected as well, but wanted to get someone else to confirm. So, will wait another month for the 3 year wedding anniversary.  Technically you don't need to wait for another month after your 3rd year Wedding Anniversary, you can apply a date after your wedding anniversary. Because according to the below input, between 09/21/2018 to 12/20/2018 you can start your application.  I hope I don't confuse you, I'm just saying you can submit your application on November 2, no need to waste another month. 

 

Here's the link >>> https://www.uscis.gov/sites/default/files/dateCalculator.html

 

 

INPUTS IN "RED"

 

Can we apply 90 days prior to December 20th (i.e. on September 20th or thereabout) even though 3 year anniversary of being married to a USC has not been reached (but will be at the time 3 year anniversary of permanent residency is reached). According to USCIS Filing Date Calculator "Earliest Filing Accepted Date is 09/21/2018", not September 20

Or do we still need to wait until the 3 year anniversary of marriage to a USC, and apply on/after November 1st? 

 

[3CHI 11]

I have read and read and silly me wants to be sure! I am USC (born) and my husband is GC holder. We are still waiting for ROA for lifting of conditions received by USCIS on 11/23/18.

 

GC 3 year anniversary is 1/17/2020

Wedding anniversary is 6/15/2019

 

A few questions:

 

1. Under the 90 day rule, when can my husband apply for citizenship?
2. If he hasn't received his 10 year GC at the time of applying, can he go ahead and apply?
3. His daughter from his late wife and him, came in on a K3. How does citizenship work for her?

Thank you!