Question about the 90 day rule

[ReallyHateExams 0]

Hello everyone, I have a question about the 90 day rule. 
I arrived in the United States two years after getting married to a usc. Shortly after that, I received the permanent resident card. 
 

But before I arrived in US, due to reasons regarding to work and school, we were stuck in different counties. He was stuck in US, and I was stuck in another country. And the whole immigration process took more than a year. So, me and my spouse were not living together until I arrived in the United States. But after my arrival, we have been living together continuously for two and half years now. And we have been married for more than four years at this point. 

 

I know about the 90 day rule, but I saw something on uscis states that the couple should be living jointly for 3 years before filling the n400 form. 
 

So, my question is, can I apply 90 days before the 3 year mark or I need to file n400 after being here living together for 3 years?  

 

I read some old posts here and it seems other people are also confused about this. 

Thanks so much! 

[igoyougoduke 1,660]

you can apply for n-400 2 years and 9 months from the date green card was issued.  so 90 days before the 3 year green card anniversary 

[HRQX 4,145]

58 minutes ago, ReallyHateExams said:

can I apply 90 days before the 3 year mark

Yes, you can file at that time. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

[Mike E 11,740]

1 hour ago, ReallyHateExams said:

So, my question is, can I apply 90 days before the 3 year mark or I need to file n400 after being here living together for 3 years?  

You can file N-400 90 days before the three year anniversary of the “resident since” date your green card provided you have been married to the same US citizen since that date.  
 

Yoy must have had 18 moths of total physical presence in the USA.  
 

43 minutes ago, igoyougoduke said:

you can apply for n-400 2 years and 9 months from the date green card was issued. 

 

 

No.  Three calendar months is as long as 92 days in the calendar and as few as 89 days.  In most cases three calendar months is greater than 90 days. Filing more than 90 days prior, aka 2 years and 9 months after the resident since date listed on the green card will result in the N-400 being rejected. 
 

Quote

so 90 days before the 3 year green card anniversary 

Correct.  

Edited May 24, 2021 by Mike E