Please advise

[Kiky82 0]

Hello guys,

 

I have a question about when you file for N-400. My wife and I got married on 01/12/2018. So, it will be 3 years on January 12, 2021. USCIS advises to file N-400  within 90 days before the third anniversary (in the case of a marriage to a US citizen that I am).

 

This is my question: what happens if you fail to file N-400 within 90 prior to the third anniversary? To be clear are we supposed to necessarily file the N-400 within 90 days prior to the 3rd wedding anniversary  or we can do it sometime next year like in March or April 2021? What does the law really say about the time to file? Please assist.

Notes: her conditional resident status has been extended for 18 months after applying for I-797 as the biometric has not yet been done (certainly because of COVID-19). Does it mean that she is good to proceed with the N-400?

 

 

[aaron2020 11,651]

Has she been a green card holder for 3 years?

 

 

[Kiky82 0]

Her 2 year green card got extended for 18 months after filing for I-751. 
 

I am trying to understand. The law says three years of marriage to a US citizen makes her eligible for N-400. Why mentioning holding a green card for 3 years?

[HRQX 4,145]

2 minutes ago, Kiky82 said:

Why mentioning holding a green card for 3 years?

Because that is also a requirement: "Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization." https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

[aaron2020 11,651]

6 minutes ago, Kiky82 said:

Her 2 year green card got extended for 18 months after filing for I-751. 
 

I am trying to understand. The law says three years of marriage to a US citizen makes her eligible for N-400. Why mentioning holding a green card for 3 years?

Because the requirements to file for naturalization are 1) being an LPR for 3 years, AND 2) being married to a USC for 3 years, AND 3) living with that USC spouse for 3 years.  It's not just being married to a USC for 3 years.  

[Boiler 43,392]

When was the her GC issued?

[Dashinka 23,199]

I agree with @Boiler, we need to know the “Residence Since” date on the GC.  Since the OP mentioned the 2 year GC and extension letter, and the wedding anniversary date of January 2018 it would seem the I751 was already filed which would indicate the CGC being issued some time in mid to late 2018 which seems a little soon to file the N400, but the OP needs to provide the GC date first.  A simple guide, for the OP, to filing the N400 for someone filing based on the 3 year rule, and meeting all the residency and physical presence requirements as well s the marriage requirement is a year after filing the I751.

 

As to the OPs other question, there is no requirement to file the N400.  Naturalization is a personal choice, people can decide to remain an LPR if they choose.

Edited November 18, 2020 by Dashinka

[Unlockable 7,306]

3 hours ago, Kiky82 said:

Her 2 year green card got extended for 18 months after filing for I-751. 
 

I am trying to understand. The law says three years of marriage to a US citizen makes her eligible for N-400. Why mentioning holding a green card for 3 years?

Because the 3 year marriage is not the only requirement. It is a combination of other requirements. 

1. Be married to a US citizen for 3 years.

2. Be a permanent resident (green card holder) for 3 years.

3. Physically reside and have domicile inside the US for 3 years.

4. Have completed or filed ROC (I-751) if applicable

 

As you can see, your wife must meet all of those requirements. You may have been married on January 12th, but your wife likely have been a permanent resident at a later date than your marriage. So, for example, if you two got married on 1/12/18,  but your wife received her green card later that year on 7/7/18... then she is not eligible for citizenship until 90 days before 7/7/21. 

 

 

Edited November 18, 2020 by Unlockable

[Kiky82 0]

7 hours ago, Boiler said:

When was the her GC issued?

Her GC was issued on 07/26/18 which got expired on 07/26/20 that is why we filed to remove the condition ( and it got extended for another 18 months).

[Mollie09 1,543]

12 minutes ago, Kiky82 said:

Her GC was issued on 07/26/18 which got expired on 07/26/20 that is why we filed to remove the condition ( and it got extended for another 18 months).

So the earliest she can apply is 04/27/2021

[Kiky82 0]

Thank you all for the inputs. I will keep you posted.

[Loren Y 2,731]

Yes, looks like 4/27/2021 is the rough date. Don't try to file exactly on that date though, many people seem to miscount by a day or two and end up getting their petition returned, wait a week after that date to be safe. USCIS has a calculator to figure out when you can apply. You also have to take into account any extended periods she may have been outside the US. Double check your math with the N400 calculator you can find online.

[ThaOne 101]

11 hours ago, Kiky82 said:

Hello guys,

 

I have a question about when you file for N-400. My wife and I got married on 01/12/2018. So, it will be 3 years on January 12, 2021. USCIS advises to file N-400  within 90 days before the third anniversary (in the case of a marriage to a US citizen that I am).

 

This is my question: what happens if you fail to file N-400 within 90 prior to the third anniversary? To be clear are we supposed to necessarily file the N-400 within 90 days prior to the 3rd wedding anniversary  or we can do it sometime next year like in March or April 2021? What does the law really say about the time to file? Please assist.

Notes: her conditional resident status has been extended for 18 months after applying for I-797 as the biometric has not yet been done (certainly because of COVID-19). Does it mean that she is good to proceed with the N-400?

 

 

It seems like you are wanting not to file early and are asking whether you can file later than within the 90 days before the 3 year marriage? The answer to that is yes! The 90 day rule is the earliest you can file if you want to, but not necessarily when you HAVE to file. April 2021 is fine if you want to wait. From 3 years (minus 90 days) to a day before 5 years would be under the 3 year rule. After 5 years it would just be under the 5 year rule.

[HRQX 4,145]

3 minutes ago, ThaOne said:

April 2021 is fine if you want to wait.

Note that April 27 is the earliest OP could file.

[Zaidba 39]

4 hours ago, Mollie09 said:

So the earliest she can apply is 04/27/2021

That is right and it is better to wait one or two more days after 4/27/2021. As for your question about the requirement to file within the 3 months before completing 3 years of marriage, and green card issue date; No you can file anytime after the date above. There are people who wait for 10 or more years before they file because they do not find they need to get the citizenship.