Citizenship question

[JD2 196]

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?

Edited Saturday at 11:11 PM by Crazy Cat

[Rhema1 432]

8 hours ago, JD2 said:

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?

My guess is individual officers.

Some are more inclined approving cases and others not.

I did the same 90 days early filing without clocking the marital union criteria.

I proceeded  with the case because I knew that before I'm called for interview, the three years marital union will be okay. 

Everything went very well for me and the officer did not even bother about it that during my N-400 interview and recommended me for approval.

You should have not withdrawn it from the beginning and allowed the process continue.

So, it all depends on the officer interviewing you.

Even if you are 💯 % correct and an officer decides to give you hard time, he can finally denied your case on another ground.

Remember that they have discretional power on any case they are working on.

If you send a new application, when the current one is still pending in the USCIS system, it might show under your Alien number a double application that may result to a complete denial of the case.

Edited Wednesday at 03:03 PM by Rhema1

[JD2 196]

1 hour ago, Rhema1 said:

My guess is individual officers.

Some are more inclined approving cases and others not.

I did the same 90 days early filing without clocking the marital union criteria.

I proceeded  with the case because I knew that before I'm called for interview, the three years marital union will be okay. 

Everything went very well for me and the officer did not even bother about it that during my N-400 interview and recommended me for approval.

You should have not withdrawn it from the beginning and allowed the process continue.

So, it all depends on the officer interviewing you.

Even if you are 💯 % correct and an officer decides to give you hard time, he can finally denied your case on another ground.

Remember that they have discretional power on any case they are working on.

If you send a new application, when the current one is still pending in the USCIS system, it might show under your Alien number a double application that may result to a complete denial of the case.

You're mixing me up with the OP

[Rhema1 432]

1 hour ago, JD2 said:

You're mixing me up with the OP

My humble advice is this: Do not send another application when the previous one is still pending.

Meaning, has not formally been removed.

It may result to a double application pending.

Although the 3 years living together is a requirement, the outcome or the interpretation of it depends on the appreciation of the officer working on that case.

That's what I have noticed in this whole process.

Thanks 👍 

[Babu Frik 1,232]

21 hours ago, JD2 said:

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?

It's a coin toss really,  depends on the officer and individual case. Each one is unique

 

[JD2 196]

On 10/29/2025 at 2:13 AM, JD2 said:

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?

So if this person is approved, my spouse wants to go for it and apply 89 days early.  The N-400 asks for 3 years of work history so she wants to put her 2 years 9 months of US work history but also the 3 months of employment in home country so if this is an issue at the interview, we can claim involuntary separation.  It was exactly 3 months from CR-1 issuance to move to US and those 3 months were due to her business back home so I think we qualify for involuntary separation for those 3 months.  8 CFR 319.1(b)(2)(ii)(C) and 12 USCIS-PM G.2(D)(3) and US. V Onabanjo, 351 F.3d 1064 (11th Cir. 2003) all back us up I believe. 

[Crazy Cat 45,695]

***Split from existing thread***

[KC0 1]

On 10/31/2025 at 1:14 PM, JD2 said:

"...The N-400 asks for 3 years of work history ..."

I filed n400 earlier this year. I do not remember that 3 years US work history were required.   Where does this requirement come from?

[Crazy Cat 45,695]

3 minutes ago, KC0 said:

I filed n400 earlier this year. I do not remember that 3 years US work history were required.   Where does this requirement come from?

"List where you have worked or attended school full time or part time during the last five years"

Page 6 of the N-400 (printout from online application)

Part 8. Information About Your Employment and Schools You Attended

Edited yesterday at 07:04 PM by Crazy Cat

[JD2 196]

10 minutes ago, KC0 said:

I filed n400 earlier this year. I do not remember that 3 years US work history were required.   Where does this requirement come from?

Page 5, Part 7, Item 1 of the paper N-400

Edited yesterday at 07:10 PM by JD2

[KC0 1]

1 hour ago, Crazy Cat said:

"List where you have worked or attended school full time or part time during the last five years"

Page 6 of the N-400 (printout from online application)

Part 8. Information About Your Employment and Schools You Attended

These questions just ask you to list whatever employment you had during the listed timeframe.  But having employment is not considered a requirement for n400 eligiikity ( e.g. someone may be staying home with young kids).  So, I don't  understand why anyone would need to schedule their submission date around completing a certain amount of US work experience.   Maybe I misread the intent of the original statement.

[Crazy Cat 45,695]

1 hour ago, KC0 said:

These questions just ask you to list whatever employment you had during the listed timeframe.  But having employment is not considered a requirement for n400 eligiikity ( e.g. someone may be staying home with young kids).  So, I don't  understand why anyone would need to schedule their submission date around completing a certain amount of US work experience.   Maybe I misread the intent of the original statement.

Being employed is not a requirement for citizenship.....only a requirement to list the history....if you have been employed during that time.

[Rhema1 432]

1 hour ago, Crazy Cat said:

Being employed is not a requirement for citizenship.....only a requirement to list the history....if you have been employed during that time.

Yeah 👍 

It's just to list them "if" you have worked within those three or five years.

If you haven't worked; nothing to worry about.

I have witnessed peoples having citizenship without any jobs history.

Edited 19 hours ago by Rhema1