Eligibility date to apply for citizenship

[rafale1973 141]

Hi, 

 

I wanted to double check with y'all to make sure I understand clearly. 

 

I crossed the border on a IR1 (spouse of US citizen) on December 15 2020. I know that I need to wait 3 years (living in the USA) in order to apply for citizenship. I also understand that we need to send our application 90 days before our anniversary. 

 

So if I'm correct, on December 15, 2023, it would make 3 years since I crossed the border, making me eligible for applying for citizenship.

So, 90 days before December 15,2023, which would be September 15, 2023, would make me eligible to send in my application ? 

Do I understand this correctly ? 

 

Thanks for y'all help. 

[AJ2019 58]

The technical requirement is 3 years from the of green card issue dated stated on card. Not sure if that coincides with POE (port of entry) date. Then you can subtract 90 days from that.

[SteveInBostonI130 3,324]

8 minutes ago, rafale1973 said:

Hi, 

 

I wanted to double check with y'all to make sure I understand clearly. 

 

I crossed the border on a IR1 (spouse of US citizen) on December 15 2020. I know that I need to wait 3 years (living in the USA) in order to apply for citizenship. I also understand that we need to send our application 90 days before our anniversary. 

 

So if I'm correct, on December 15, 2023, it would make 3 years since I crossed the border, making me eligible for applying for citizenship.

So, 90 days before December 15,2023, which would be September 15, 2023, would make me eligible to send in my application ? 

Do I understand this correctly ? 

 

Thanks for y'all help. 

 

If resident since date on your GC is Dec 15, 2020, then 3 yrs from that is Dec 15, 2023.

 

90 days prior to Dec 15, 2023 is Sept 16, 2023.   It is 90 days, not 3 months.  October has 31 days.

 

Also, you do not NEED to send the application 90 days before the 3rd year date.  That is the FIRST day you are eligible to send in the application.  You can send it in anytime after that date.

[Mike E 11,723]

59 minutes ago, rafale1973 said:

I crossed the border on a IR1 (spouse of US citizen) on December 15 2020. I know that I need to wait 3 years (living in the USA) in order to apply for citizenship. I also understand that we need to send our application 90 days before our anniversary. 

You have it backwards.  
 

Before filing check your eligibility against 

 

https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility

 

Edited May 15, 2022 by Mike E

[rafale1973 141]

1 hour ago, AJ2019 said:

The technical requirement is 3 years from the of green card issue dated stated on card. Not sure if that coincides with POE (port of entry) date. Then you can subtract 90 days from that.

I have been a resident since 12/15/2020. So, 12/15/2023 would mark 3 years. So, if I understand right, I would be able to apply on 09/16/2023 right ? 

[Mike E 11,723]

Also on 9/16/2020 were you living with your spouse?

[Buboo 1]

GC date + 3 years - (minus) 80/85 days to be extra sure : date of applying for citizenship.     GC+3years-85/80 days(to be sure).

So,  9/16/2020 + 3 years - let's say 85 days.

 

[randy32 165]

Here we go again.

Don't try to apply on the very first day you think you are eligible.

 

There is nothing wrong with applying at minimum 2 plus days after you eligible date to avoid rejection

[carmel34 3,532]

Be careful about the 90 day early filing of the N-400.  There have been a few cases here on Visa Journey where the N-400 was denied because the applicant had not been "living in marital union" for at least 3 years as of the date of filing the N-400.  For this reason, my husband is going to wait until 3 years from entering the US with a spousal visa (date on his green card), August 19, 2019, when we started to live together as a married couple in the US, and will NOT file 90 days before that date, which would be approx. May 19 2022.  Here is the relevant section on the N-400 form:

 

(3) Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your Form N-400.

 

Many people file 90 days early and are approved, even though they were not compliant with this requirement, but we figure that waiting 3 months will not make much difference anyway, so why take a chance for a denial and have to re-file and waste even more time?  Good luck!

Edited May 15, 2022 by carmel34

[Buboo 1]

You are allowed to file 90 days before the 3 year mark. Same for I 751.  But, to be sure, maybe you should apply at least 85 days before the term. 

Maybe those cases had other problems: couple having different addresses, living apart, etc.

[rafale1973 141]

On 5/15/2022 at 1:01 AM, Mike E said:

Also on 9/16/2020 were you living with your spouse?

My husband and I have been living together since august 2016 (5 years in Canada), then we have been living together since we moved back to the USA. So, we always lived together. 

[Mike E 11,723]

12 minutes ago, rafale1973 said:

My husband and I have been living together since august 2016 (5 years in Canada), then we have been living together since we moved back to the USA. So, we always lived together. 

Good, but that didn’t answer the question. 
 

The point is, on 9/16/2016 were you in each other’s physical presence? If the answer is no, then based on past experiences, best advice is to wait to file.  

[jakelake 222]

On 5/14/2022 at 9:54 PM, SteveInBostonI130 said:

 

 

Also, you do not NEED to send the application 90 days before the 3rd year date.  That is the FIRST day you are eligible to send in the application.  You can send it in anytime after that date.

That is not completely true.

You CANNOT send it anytime after that. You have to file the I-751 application by the time the condition green card card expires, unless you have a valid reason for the late filing.

[SteveInBostonI130 3,324]

2 minutes ago, jakelake said:

That is not completely true.

You CANNOT send it anytime after that. You have to file the I-751 application by the time the condition green card card expires, unless you have a valid reason for the late filing.

This discussion is for N-400, citizenship.

Edited May 16, 2022 by SteveInBostonI130

[Lil bear 3,840]

1 minute ago, jakelake said:

That is not completely true.

You CANNOT send it anytime after that. You have to file the I-751 application by the time the condition green card card expires, unless you have a valid reason for the late filing.

I think the poster is referring to N400 application not ROC