Can you file for Citizenship at 2 years 9 months?

[Miss Accountant 6]

Hello All,

 

My husband who came here on a fiancé visa is ready to file for citizenship. He has been a permanent resident through marriage to me since July 2017. On form N-400, it asks "Have you been a lawful permanent resident for at least 3 years" (this is in the section for those married to US citizens). For most forms, you can file when you are actually 90 days before the yearly requirement. For example, you can file to remove conditions when you have been a conditional permanent resident for 1 year and 9 months; you don't have to wait until you reach the two year mark. Is it the same with citizenship? Can we file now already since we are less than 90 days away from July 2020 (well, once the USCIS offices open up), or do we need to wait until July? 

 

Obviously I want to avoid having our application rejected just because we sent it a few weeks too soon!

 

Thank you!

[NancyNguyen 1,657]

You can send it now. Good luck.

[JohnSmith1234 6]

Yes, it's fine to file now.

[Quarknase 1,072]

To be exact it's 90 days before 3 year LPR anniversary, not 2 years and 9 months after receipt. Sounds like you're comfortably within that window, but wanted to point it out because there's a difference between the two and even filing 1 day too early gets you rejected.

[Hawksquill 151]

Planning to apply 90 days before husband's 3 year PR anniversary in September as well...would we answer yes to that question, under the assumption that he will have been a LPR for 3 years by the time it's processed, or no because at the time of filing he's 90 days short?

[xyz12345 260]

31 minutes ago, Hawksquill said:

Planning to apply 90 days before husband's 3 year PR anniversary in September as well...would we answer yes to that question, under the assumption that he will have been a LPR for 3 years by the time it's processed, or no because at the time of filing he's 90 days short?

"YES". USCIS won't schedule the interview before the 3rd yr gc anniversary (marriage- based) but in the off chance that they did, make sure to call them up about that or else you might still be denied. Also, make sure to submit one or 2 days after eligibility to save you some headache. Good luck!