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EVEN WITH THIS, can I file N400 application 90 days earlier than the 5 year anniversary?

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I saw in the Eligibility worksheet the following in which my spouse DOESN'T meet the 3rd criteria, can I still apply for N400 90 days earlier than the 5 year anniversary?





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Posted (edited)

No. It says right there in the screenshot - if answer is no, you can’t apply. This is if you’re trying for naturalization if you’re married to a USC who brought you in on cr-1 / ir-1 visa. 


If you got a green card on another basis then this condition wouldn’t apply to you. 

Edited by milimelo

Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Posted (edited)

That portion of the worksheet does not clearly.distinguish between either eligibility for 3-yr marriage- or 5-yr since resident based-applic. NO to 3-yr but YES as of 8/20/19 if your 5th yr anniversary as permanent resident is 11/18/2019 and earlier (N-400 early file calculator), assuming of course you meet all other requirements.


Clearer if you use these two:


https://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship & Naturalization Based Resources/A Guide to Naturalization/PDFs/M-480.pdf



Edited by xyz12345

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Thank you all for your replies...I now checked from this official USCIS link https://www.uscis.gov/forms/uscis-early-filing-calculator where it says in the first line "The information in this part ONLY relates to your time as a permanent resident if you file under Section 319(a) and 316(a) of the INA"

 Section 319(a) is if I file as a wife to my husband, in which case the 90-day rule can't be applied in this case because of the above reason I mentioned in my earlier post above.

Section 316(a) is if I file as a permanent resident myself based upon the 5 years anniversary (slated for 12/24/2019), in that case the 90-day early filing can be applied.


Thank you all again!

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