3 or 5 years to file N400?

[assila 13]

I came as part of my mother's IR-1 visa when I was 20 - she is now a citizen.  I'm 22, and will be in the US for 3 years in February. My stepfather thought I could file at 2 years and 9 months, but he just read that it might be 4 years and 9 months. Is that true?

 

Thank you for your help!

Edited July 13, 2019 by assila

[Crazy Cat 39,256]

My understanding is that the 3 year rule applies only to spouses of US citizens.

[JFH 12,189]

2 years 9 months is the early filing date for spouses of US citizens only - you must be married at the time of your naturalization and have been married to same USC for the previous 2 years and 9 months. 

[assila 13]

That's how we read it, too. Thought we'd check - just in case we missed something.

 

Thanks, guys!

[Scandi 3,970]

Even for spouses it's 3 years minus 90 days, not 2 years and 9 months. 

[assila 13]

9 hours ago, Scandi said:

Even for spouses it's 3 years minus 90 days, not 2 years and 9 months. 

2 years, 9 months is basically 3 years minus 90 days.

[xyz12345 260]

Early filing is 3/5 years minus 90 days. You might NOT come up with the same earliest date of filing if you do it your way, especially if you're trying to apply on the first eligible day. Use the USCIS Early Filing Calculator.

 

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

[assila 13]

28 minutes ago, xyz12345 said:

Early filing is 3/5 years minus 90 days. You might NOT come up with the same earliest date of filing if you do it your way, especially if you're trying to apply on the first eligible day. Use the USCIS Early Filing Calculator.

 

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

Thank you!

[cd37 229]

11 hours ago, Scandi said:

Even for spouses it's 3 years minus 90 days, not 2 years and 9 months. 

Lol...its the same thing btw

[Georgia16 2,858]

11 minutes ago, cd37 said:

Lol...its the same thing btw

No it is not. If people don't count right it can mean they are a day or few off when filing and will get rejected. Scandi is right. 

[Scandi 3,970]

5 hours ago, assila said:

2 years, 9 months is basically 3 years minus 90 days.

 

3 hours ago, cd37 said:

Lol...its the same thing btw

Nah, it's not. A month isn't always 30 days. Sometimes it's 28 or 29, sometimes 31. Never ever count in months when you're trying to figure out what date to file, always count in days.

Edited July 14, 2019 by Scandi