N400 Withdrawal and Reapply

[Babu Frik 1,229]

5 hours ago, Ontarkie said:

Like always I am late to the show  

K1's are usually able to file early as they get married first then become a resident. So they would have been married longer than the resident date on their GC. Also like you said ppl who married than filed for AOS would also qualify. 

CR1 are probably married longer before becoming a resident, but many don't live together until that point

[Ontarkie 15,056]

2 hours ago, Babu Frik said:

CR1 are probably married longer before becoming a resident, but many don't live together until that point

Yes definitely

[JD2 194]

On 8/22/2025 at 1:18 AM, 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.

 

I met someone who has their naturalization interview coming up at the same field office where my spouse will be filing.  They arrived on a CR-1, already have their 10 year GC since their I-751 was approved quickly, and applied 90 days early for N-400.  They did not have 3 years of living together at the time of filing.  Let's say they approve their N-400.  Would y'all apply early too?  Are these office wide policies or individual officer by officer enforcement decisions?