Clarification on N400 for K1 vs CR1

[Oko Vicki 58]

Good day my fellow VJers, hope we are all well and good today. 

 

So my Resident since date is 07/22, N400 calculator says my 90-day window opens today. 

 

However, I seem to remember seeing a post here last year about someone getting denied because they applied early. 

 

So my question, is the 90-day window only applicable to K1 and other I485s? 

 

I am a CR1. 

 

[OldUser 9,408]

21 minutes ago, Oko Vicki said:

Good day my fellow VJers, hope we are all well and good today. 

 

So my Resident since date is 07/22, N400 calculator says my 90-day window opens today. 

 

However, I seem to remember seeing a post here last year about someone getting denied because they applied early. 

 

So my question, is the 90-day window only applicable to K1 and other I485s? 

 

I am a CR1. 

 

You need to live with your spouse for 3 years immediately prior to filing N-400 under 3 year rule.

 

If you lived with spouse in marital union (physically, together) for 3+ years, you can apply for N-400 even if it's only been 2 years and 9 months from Resident Since date on your GC.

 

So yes, it can disqualify some CR-1 from 90 day early filing window.

 

If you lived in marital union since 07/22, you cannot file just yet. You can file at 3 year anniversary of living in marital union in 07/25.

Edited April 15 by OldUser

[Ontarkie 14,913]

Do not file right on day 90, file more like day 85. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

Edited April 16 by Ontarkie

[Oko Vicki 58]

On 4/15/2025 at 11:24 AM, OldUser said:

You need to live with your spouse for 3 years immediately prior to filing N-400 under 3 year rule.

 

If you lived with spouse in marital union (physically, together) for 3+ years, you can apply for N-400 even if it's only been 2 years and 9 months from Resident Since date on your GC.

 

So yes, it can disqualify some CR-1 from 90 day early filing window.

 

If you lived in marital union since 07/22, you cannot file just yet. You can file at 3 year anniversary of living in marital union in 07/25.

That's what I thought. Looks like the N400 calculator doesn't factor the 3yr marital union. I guess I file in July then, just to be on the safe side. 

 

Thank you OldUser. 

23 hours ago, Ontarkie said:

Do not file right on day 90, file more like day 85. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

I intend to file at least 3 days after my window opens in July. 

Edited April 16 by Ontarkie
fixed my typo

[OldUser 9,408]

2 minutes ago, Oko Vicki said:

That's what I thought. Looks like the N400 calculator doesn't factor the 3yr marital union. I guess I file in July then, just to be on the safe side. 

Yes, the calculator does not take marital union into account. I think it mentions somewhere that marital union and other things can affect eligibility to file early. 

 

I would definitely file in July if I was in your situation. 

 

Good luck!

[Oko Vicki 58]

25 minutes ago, OldUser said:

Yes, the calculator does not take marital union into account. I think it mentions somewhere that marital union and other things can affect eligibility to file early. 

 

I would definitely file in July if I was in your situation. 

 

Good luck!

July is exactly what I will do. Thank you for contribution. 

[Cw1977 133]

21 hours ago, Ontarkie said:

Do not file right on day 90, file more like day 95. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

just for clarity for everyone, you mean day 85. Not 95. The days count down. So 85 days before the 3 yr period. 

[Ontarkie 14,913]

2 hours ago, Cw1977 said:

just for clarity for everyone, you mean day 85. Not 95. The days count down. So 85 days before the 3 yr period. 

Yes sorry, I'll change that up too. You would definitely be denied if you went by 95.

[davidsolano 0]

On 4/15/2025 at 11:06 PM, Oko Vicki said:

Good day my fellow VJers, hope we are all well and good today. 

 

So my Resident since date is 07/22, N400 calculator says my 90-day window opens today. 

 

However, I seem to remember seeing a post here last year about someone getting denied because they applied early. 

 

So my question, is the 90-day window only applicable to K1 and other I485s? 

 

I am a CR1. 

geometry dash lite

You are safe to file your N-400 now — USCIS allows it. Just make sure you do not file earlier than that 90-day window.

[OldUser 9,408]

6 hours ago, davidsolano said:

You are safe to file your N-400 now — USCIS allows it. Just make sure you do not file earlier than that 90-day window.

Nobody can stop filing the case. Whether it's approved is a separate question. Based on prior discussion, suggested filing date is in July. Today is June 4.

[Babu Frik 1,172]

10 hours ago, OldUser said:

Nobody can stop filing the case. Whether it's approved is a separate question. Based on prior discussion, suggested filing date is in July. Today is June 4.

Maybe I missed something, if they are living in marital union since the resident date, why can't they file early?

[OldUser 9,408]

1 hour ago, Babu Frik said:

Maybe I missed something, if they are living in marital union since the resident date, why can't they file early?

Here's example.

 

- Alice enters USA on 01/01/2020 on CR-1 visa after 1.5 years of living separately from spouse Bob, because he's in the US, she's back in France getting visa.

- Alice is a resident since 01/01/2020

- Alice's 3 year anniverary as LPR is on 01/01/2023

- Alice files based on 3 year rule, marriage to US citizen. She also uses 90 day early filing window, so N-400 is filed on 10/03/2022.

- N-400 is denied due to not meeting marital union requirement. Yes, she's married for over 3 years. But marital union counts as 3 years from 01/01/2020 and there is no early filing window for that. At time of filing you must live together, physically for 3+ years.

- If Alice filed on 01/01/2023 or later, she would have been approved

 

 

Edited June 5 by OldUser

[From_CAN_2_US 1,113]

On 4/15/2025 at 12:24 PM, OldUser said:

You need to live with your spouse for 3 years immediately prior to filing N-400 under 3 year rule.

 

If you lived with spouse in marital union (physically, together) for 3+ years, you can apply for N-400 even if it's only been 2 years and 9 months from Resident Since date on your GC.

 

So yes, it can disqualify some CR-1 from 90 day early filing window.

 

If you lived in marital union since 07/22, you cannot file just yet. You can file at 3 year anniversary of living in marital union in 07/25.

This is a very comprehensive answer. I was wondering this for a while as well. My understanding of the law is the same as @OldUser. However, I also understand that many people who come in as CR1/ IR1 and only lived with their spouse for 2 years 9 months, file at the 2 year 9 month mark and successfully get through. So it looks like many officers do take the lenient interpretation. 

 

In my opinion if you can afford waiting the additional 3 months, better to do so. In the off chance the stricter interpretation is applied to your case, you save losing the $710 and the several months wait leading up to the denial.

[From_CAN_2_US 1,113]

On 6/5/2025 at 12:39 AM, OldUser said:

Here's example.

 

- Alice enters USA on 01/01/2020 on CR-1 visa after 1.5 years of living separately from spouse Bob, because he's in the US, she's back in France getting visa.

- Alice is a resident since 01/01/2020

- Alice's 3 year anniverary as LPR is on 01/01/2023

- Alice files based on 3 year rule, marriage to US citizen. She also uses 90 day early filing window, so N-400 is filed on 10/03/2022.

- N-400 is denied due to not meeting marital union requirement. Yes, she's married for over 3 years. But marital union counts as 3 years from 01/01/2020 and there is no early filing window for that. At time of filing you must live together, physically for 3+ years.

- If Alice filed on 01/01/2023 or later, she would have been approved

 

 

Well demonstrated. one is allowed to file 90 days early to completing the 3 years of being LPR, PROVIDED one has met ALL other eligibility requirements. One of the requirements is to have lived with their US citizen spouse for over 3 years. If one only started living with spouse only for 2 years and 9 months, they have not met that eligibility criteria and hence cannot qualify for early filing.