When to Submit N-400

[Neonred 3,576]

Looking for a bit of help and clarification on a timeline for submitting an N-400.  This is for my stepdaughter and her husband.  She is a US citizen since September 15, 2017.  He is British with a green card for 4 years.  He will apply based on marriage to his US citizen wife.

 

I know in many cases the applicant can apply up to 90 days before meeting eligibility, however it seems in this case the spouse must be a US citizen for at least 3 years at the time the N-400 is filed. 

 

Am I correct in assuming they must wait until September 15 to file?  They cannot apply 90 days before, as in June 18th, correct?

 

[Crazy Cat 41,982]

11 minutes ago, Neonred said:

Looking for a bit of help and clarification on a timeline for submitting an N-400.  This is for my stepdaughter and her husband.  She is a US citizen since September 15, 2017.  He is British with a green card for 4 years.  He will apply based on marriage to his US citizen wife.

 

I know in many cases the applicant can apply up to 90 days before meeting eligibility, however it seems in this case the spouse must be a US citizen for at least 3 years at the time the N-400 is filed. 

 

Am I correct in assuming they must wait until September 15 to file?  They cannot apply 90 days before, as in June 18th, correct?

 

That is also my conclusion after doing a little research.......US citizen spouse must be a citizen the entire 3 years preceding the N-400 submission.

[Dashinka 24,609]

I believe you are correct.  Although I think it would be September 16th.
 

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

[arken 4,197]

Agreed with above. Noe that he needs to wait till mid Sep, he may as well go for the 5 year rule if he already has GC for 4 years. With early filing, just a few more months wait and not a lot of evidences required.

[Neonred 3,576]

Thanks, that is exactly what I thought.  I always thought he had a green card for longer as he has been working in this country (for a company based in London) for much longer.  Although waiting for the 5 year rule would make things easier, they are considering moving to England as soon as this gets worked out to live and work for several years and be close to his aging parents.  At least I convinced him to get his citizenship first as they do want to return eventually.  Will make everything easier down the road.

Edited February 29, 2020 by Neonred

[N400NYC 380]

Isn’t it the case that the 3 year rule only  applies only if the green card of the applicant was obtained based on their relationship with an LPR or citizen? My understanding is that if someone already has a green card through some other means (eg employee sponsored), they can’t they use their marriage to a US citizen as a way to bypass the 5 year requirement. Maybe I’m wrong...

[SusieQQQ 11,586]

9 minutes ago, N400NYC said:

Isn’t it the case that the 3 year rule only  applies only if the green card of the applicant was obtained based on their relationship with an LPR or citizen? My understanding is that if someone already has a green card through some other means (eg employee sponsored), they can’t they use their marriage to a US citizen as a way to bypass the 5 year requirement. Maybe I’m wrong...

No, at any stage marriage to a usc for 3 years is fine. 

[N400NYC 380]

21 minutes ago, SusieQQQ said:

No, at any stage marriage to a usc for 3 years is fine. 

OK 👍 

[PandO 21]

On 2/29/2020 at 5:22 AM, Bill & Katya said:

I believe you are correct.  Although I think it would be September 16th.
 

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

• Be 18 or older
• Be a permanent resident (Green Card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of  filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during  all relevant periods under the law

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

Thank you for posting this information. It’s helpful for showing the requirements of the 319a. As I am understanding this is for the 3yr method. How different is the 5yr method?

[Dashinka 24,609]

7 hours ago, PandO said:

Thank you for posting this information. It’s helpful for showing the requirements of the 319a. As I am understanding this is for the 3yr method. How different is the 5yr method?

If you are applying under the 5 year rule, the marriage requirement is not applicable.