Kiky82

1 hour ago, ThaOne said:

Everyone seems to suggest the earlier date the OP can file. But unless all of a sudden my understanding skills just left me, if you all read what the OP actually asked, the OP isn't concerned about when she can file the earliest. The OP clearly was asking whether she can file LATER than 90 days before. The OP actually thought that it was mandatory to file during that 90 day period to be under the 3 year rule. But all responses have been about how early she can file which I am sure you are confusing her even more. So maybe for financial reasons, or due to not being available, or for other reasons the OP is asking if it can be delayed and not necessarily file 90 days before, so asking if she can wait till april or later.

Simple response is to tell the OP YES! instead of this war to determine who is right about the 90 days.

OP: You do NOT have to file 90 days before. You are allowed to (but not required to) file whenever you want 90 days prior (whenever that is) but since you want to delay it, then it isn't a worry.

 

As for people giving advice about counting days and as soon as you (think you) get to the the 90 days, then file, it's really bad advice. Wait a week after that at least or even a couple of weeks. Why take the risk? Filing 1 week later isn't really going to change that much how long you will wait in line anyway (obviously unless if a week later there is another COVID lockdown...). Filing a day too early will get your application rejected which I guess doesn't come with a refund. (obviously if you file by mail)

 

Thank you very much. That answers my question!!

Thank you all for the inputs. I will keep you posted.

7 hours ago, Boiler said:

When was the her GC issued?

Her GC was issued on 07/26/18 which got expired on 07/26/20 that is why we filed to remove the condition ( and it got extended for another 18 months).

Her 2 year green card got extended for 18 months after filing for I-751. 
 

I am trying to understand. The law says three years of marriage to a US citizen makes her eligible for N-400. Why mentioning holding a green card for 3 years?

Hello guys,

I have a question about when you file for N-400. My wife and I got married on 01/12/2018. So, it will be 3 years on January 12, 2021. USCIS advises to file N-400  within 90 days before the third anniversary (in the case of a marriage to a US citizen that I am).

This is my question: what happens if you fail to file N-400 within 90 prior to the third anniversary? To be clear are we supposed to necessarily file the N-400 within 90 days prior to the 3rd wedding anniversary  or we can do it sometime next year like in March or April 2021? What does the law really say about the time to file? Please assist.

Notes: her conditional resident status has been extended for 18 months after applying for I-797 as the biometric has not yet been done (certainly because of COVID-19). Does it mean that she is good to proceed with the N-400?