N400 Withdrawal and Reapply

[ManefMelissa 26]

3 minutes ago, Dashinka said:

How so?  USCIS allows for 90 day early filing which opened for the OP in late May 2025 based on an IR1 entry date of 8/26/2022.  By the time an interview occurred, the OP would have passed 3 yrs.

I get confused too , i should met the 3 years of marital union before applying the early filing is applicable only for residency not the marital union

[appleblossom 4,753]

16 minutes ago, Dashinka said:

How so?  USCIS allows for 90 day early filing which opened for the OP in late May 2025 based on an IR1 entry date of 8/26/2022.  By the time an interview occurred, the OP would have passed 3 yrs.

The marital union requirement is separate and must be met at the time of filing. 

[ManefMelissa 26]

2 minutes ago, appleblossom said:

The marital union requirement is separate and must be met at the time of filing. 

Correct

[JD2 160]

5 hours ago, OldUser said:

While one can file 90 days early of 3 year anniversary of being LPR, this doesn't apply to marital union. One has to be living together with US citizen spouse for 3+ years on date of N-400 filing.

So if you arrived on a CR-1 and that's when you and spouse started living together and that same day is when you became an LPR, you cannot apply 90 days early?  Do you have a source please?  If what you say is true, then the N-400 early filing calculator on USCIS.gov is wrong for a big chunk of cases.  Almost everyone who consular processed would not qualify for early filing.

Edited August 22 by JD2

[OldUser 10,321]

41 minutes ago, JD2 said:

So if you arrived on a CR-1 and that's when you and spouse started living together and that same day is when you became an LPR, you cannot apply 90 days early?  Do you have a source please?  If what you say is true, then the N-400 early filing calculator on USCIS.gov is wrong for a big chunk of cases.  Almost everyone who consular processed would not qualify for early filing.

"In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.[18] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together."

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Early filing calculator is not ultimate source of truth and doesn't take into account many eligibility criteria. I think it says something along the lines that you are subject to eligibility etc.

 

I've seen cases on VJ when users were denied due to marital union issue (e.g. they filed 90 days before their 3 year anniversary of LPR status but also earlier than their 3 year anniversary of living together as married couple).

 

Update: it appears early filing calculator page was archived. It also contains text "If you have met all other eligibility requirements, " which is basically catch all statement meaning calculator on its own cannot be used to determine early filing eligibility.

 

Edited August 22 by OldUser

[JD2 160]

14 minutes ago, OldUser said:

"In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.[18] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together."

 

Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Early filing calculator is not ultimate source of truth and doesn't take into account many eligibility criteria. I think it says something along the lines that you are subject to eligibility etc.

 

I've seen cases on VJ when users were denied due to marital union issue (e.g. they filed 90 days before their 3 year anniversary of LPR status but also earlier than their 3 year anniversary of living together as married couple).

 

Update: it appears early filing calculator page was archived. It also contains text "If you have met all other eligibility requirements, " which is basically catch all statement meaning calculator on its own cannot be used to determine early filing eligibility.

 

So the 90 days allows you to file with just 2 years and 9 months of continuous residence but all other criteria must be satisfied.  How could someone meet the early filing eligibility but still have marital union of 3 years?  They lived together abroad for 3 months or more?

[JD2 160]

18 minutes ago, OldUser said:

I've seen cases on VJ when users were denied due to marital union issue (e.g. they filed 90 days before their 3 year anniversary of LPR status but also earlier than their 3 year anniversary of living together as married couple).

Any links to these cases?  Not doubting you; just curious.  My spouse is approaching N-400 eligibility so I want to read up.

[OldUser 10,321]

14 minutes ago, JD2 said:

So the 90 days allows you to file with just 2 years and 9 months of continuous residence but all other criteria must be satisfied.  How could someone meet the early filing eligibility but still have marital union of 3 years?  They lived together abroad for 3 months or more?

They can't file early. Both must be true:

 

- Resident for 3 years minus 90 days

- Living in marital union together for 3+ years

 

Example:

Another one:

 

Practically this means 90 day early filing rule works for most people who adjust status (since they live as married couple way before GC), but not for most people coming on immigrant visas (CR-1 / IR-1)

Edited August 22 by OldUser

[JD2 160]

6 minutes ago, OldUser said:

They can't file early.

So who CAN file early?  Who could be in continuous residence for only 2 years 9 months but still be in marital union for 3 years?  I'm guessing only LPRs who lived with their spouse in the US before adjustment?  Or maybe if a couple lived together abroad before coming with a CR-1 or IR-1?

[JD2 160]

30 minutes ago, OldUser said:

Another one:

In this second case, @top_secret says that most people who file early but don't meet the marital union requirement at the time of filing (but I assume do meet it by the interview date) are fine.  Would you say that is true?  I don't intend to tell my spouse to file early because we won't qualify under marital union but I'm trying to understand do the officers have the authority to just side step this requirement?

[top_secret 2,741]

28 minutes ago, JD2 said:

In this second case, @top_secret says that most people who file early but don't meet the marital union requirement at the time of filing (but I assume do meet it by the interview date) are fine.  Would you say that is true?  I don't intend to tell my spouse to file early because we won't qualify under marital union but I'm trying to understand do the officers have the authority to just side step this requirement?

 

Anecdotally.  Previously 'most' applicants who filed 90 days early without strictly meeting the 3 years marital union requirement seemed to somehow get away with it, and a very small handful seemed to get denied for it.  But, in just the last month I have seen multiple reports of denials based on just that reason and at least one person who stated that they were directly told at their interview that there was an internal policy change to maximum enforcement, no exceptions and 100% denials if the 3 year marital union requirement was not strictly met.  (so says Reddit and Facebook groups). Based on that, and general news lately, today I certainly would not try filing early if the 3 year marital union requirement was not met.  It seems times may have changed.

[Dashinka 26,059]

28 minutes ago, top_secret said:

 

Anecdotally.  Previously 'most' applicants who filed 90 days early without strictly meeting the 3 years marital union requirement seemed to somehow get away with it, and a very small handful seemed to get denied for it.  But, in just the last month I have seen multiple reports of denials based on just that reason and at least one person who stated that they were directly told at their interview that there was an internal policy change to maximum enforcement, no exceptions and 100% denials if the 3 year marital union requirement was not strictly met.  (so says Reddit and Facebook groups). Based on that, and general news lately, today I certainly would not try filing early if the 3 year marital union requirement was not met.  It seems times may have changed.

Curious as to why a 90 day early filing for a spousal visa (IR1/CR1) would not fall under the Involuntary Separation exception.

[appleblossom 4,753]

4 hours ago, JD2 said:

So who CAN file early? 

Anybody filing under the 5 year rule can file 90 days early as they don’t have to meet the ‘marital union’ requirement at all - I’m one of them as I got my GC through employment. 
 

6 hours ago, JD2 said:

Do you have a source please?

To add to @OldUser’s link, it’s also in the N400 instructions - https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

[carmel34 3,758]

My husband, who came on a CR1 spousal visa, waited to file the N-400 exactly three years since entering the USA and becoming an LPR, because he had to satisfy the 3 years of living in marital union on the date of filing.  He did not file within the 90 days early window specifically for this reason, despite knowing that others did so and were approved.  It seems as though USCIS has tightened up this requirement recently as they have been instructed to scrutinize all cases more carefully.  The N-400 instructions clearly state that as of the date of filing, the applicant must have satisfied the 3 years living in marital union requirement.

[Dashinka 26,059]

12 hours ago, appleblossom said:

The marital union requirement is separate and must be met at the time of filing. 

New information to me especially for those entering on a CR1/IR1, essentially nullifying 90 day early filing.  Though I would think one could argue an Involuntary Separation for the 90 or so days.  Thanks for the education.  One to add to the knowledge bank like the issue that can occur when someone files electronically the minute the window opens.

Edited August 22 by Dashinka