Submitting the N-400 90-days prior to eligibility date?

[lehan 0]

So I recall that the lawyer who handled my wife's perm residency app saying that you we should be able to apply for her citizenship 90-days before the 3-year continuous residence requirement.

To explain further: my wife became a resident on Feb/02/07, so she will need to wait until Feb/02/2010 to apply for citizenship. However, based on the lawyer's statement, she can actually apply on Nov/02/09 (90-days before the 3-years requirement).

Since we will not be hiring a lawyer again for the N-400 application, I wanted to confirm that this is a true statement?

thanks in advance!

Edited November 13, 2009 by lehan

[meod 0]

So I recall that the lawyer who handled my wife's perm residency app saying that you we should be able to apply for her citizenship 90-days before the 3-year continuous residence requirement.

To explain further: my wife became a resident on Feb/02/07, so she will need to wait until Feb/02/2010 to apply for citizenship. However, based on the lawyer's statement, she can actually apply on Nov/02/09 (90-days before the 3-years requirement).

Since we will not be hiring a lawyer again for the N-400 application, I wanted to confirm that this is a true statement?

thanks in advance!

not true, you have to apply right after your green card date hit 3 yrs. Lawyers dont know what the heck they are doing sometimes and i dont know why people hire a lawyer in cases like this. A lawyer is only for when you get denied by the immigration thats all.

[Lansbury 19]

not true, you have to apply right after your green card date hit 3 yrs.

Not necessarily correct.

If you are applying on the 3 year marriage to a USC condition and provided you have been married for the full three years on the date you apply, you can indeed apply 90 days before the 3 year residency requirement is met.

So if on November 2, or today as we are past that date, the wife has been married to the same USC for 3 years she can apply now.

Edited November 13, 2009 by Lansbury

[antda 13]

Hi Lehan,

According to the USCIS, one has to meet all of the following conditions in order to become a US Citizen (based on marriage):

-Been a permanent resident for 3 years

-Been married to the same USC for 3 years

-Your spouse/you must have been a USC for at least 3 years (which if born in the USA, since their birth)

-Been residing physically in the USA for 3 years (which for your case would be the earliest December 2009, assuming that you don't have any long absences of residency outside of the USA for a very long period of time)

In your case:

The earliest you can file for US Citizenship is 3 years minus 90 days (note: 90 days, not 3 months) from the "residence since" date on your 2yr/10yr green card of 02/02/07 (as mentioned on your vj timeline that this is the date): Wednesday, November 4, 2009, or anytime after that.....

According to this time/date calculator: http://www.timeanddate.com/date/dateadded....p;ad=90&aw=

Do not send your application prior to the 90 days before the 3 years date, as it will be rejected if sent before then.

For example, in my situation:

I have been a permanent resident since November 2006.....

I was married in April 2006...

My spouse/husband has been a USC since birth

I have not had any absenses of residency out of the USA since...so that doesn't matter against me in my case....

Therefore, the earliest I can apply for US Citizenship is August 2009 (though I applied in September 2009, as there was a delay in my son's birth certificate), 90 days before the 3 years after the "residence since" date on my green cards, which is when I meet all of the requirements of citizenship based on marriage.

Hope this helps. Good luck on the rest of your immigration and citizenship journey too.

Ant

So I recall that the lawyer who handled my wife's perm residency app saying that you we should be able to apply for her citizenship 90-days before the 3-year continuous residence requirement.

To explain further: my wife became a resident on Feb/02/07, so she will need to wait until Feb/02/2010 to apply for citizenship. However, based on the lawyer's statement, she can actually apply on Nov/02/09 (90-days before the 3-years requirement).

Since we will not be hiring a lawyer again for the N-400 application, I wanted to confirm that this is a true statement?

thanks in advance!

Edited November 13, 2009 by Ant+D+A

[Live By Faith 0]

I concur with Ant + D

you can apply 3 years minus 90 days from the date your became the citizen.....

There is a lot of info here on the items you need to send in in support of your application, however if you have any doubt, feel free to ask and we can help by providing info from our own journeys.

that is to say we are not lawyers tp give legal advise of any sort, but can at least help by guiding you in the right direction.

Cheers and goodluck

[lehan 0]

Thanks all for getting back to me - so if I am understanding all your replies, she can in fact apply 3 years minus 90 days?

here are the facts:

1) I have been a citizen for more than 3 years

2) we have been married for more than 3 years

3) my wife became a resident 2 years + 9 months ago (on 2/2/07)

4) she was only out of the country in 2008 for about 3 weeks

Result: 11/2/09 + 3 weeks (21 days) = she can apply on 11/23/09

Make sense?

[rebelheart 0]

If your wife 3 yrs GC will be on Feb. 02, 2010 - she is eligible for 90 days before the 3yrs of GC from it's conditional GC date. So counting 90 days from Feb. 02, 2010 will be:

Nov. 05, 2009 - your wife could mail her N400 application. You can't count 90 days as "3 months" count it as per day and exactly 90 days. You could send application later "but" not earlier than your priority date.

In my case, I was out of US 72 days, I just ignored it because it says that "If your out of US 6 months, you have to recount your eligibility. Although I included the info of my trip in the application. It doesn't affect my N400 eligibility, my 3 yrs GC due is Nov. 17, 2009 , I sent my N400 August 20, 2009 - and it complies with the Immigration priority date in my N400 Notice of Action.

Goodluck!

Thanks all for getting back to me - so if I am understanding all your replies, she can in fact apply 3 years minus 90 days?

here are the facts:

1) I have been a citizen for more than 3 years

2) we have been married for more than 3 years

3) my wife became a resident 2 years + 9 months ago (on 2/2/07)

4) she was only out of the country in 2008 for about 3 weeks

Result: 11/2/09 + 3 weeks (21 days) = she can apply on 11/23/09

Make sense?

[NickD 202]

From Feb/02/2010 counting 02/02/2010 as day one, count backwards on a calender 90 days, that is the day you can send your application in. Our day fell on a Sunday, so as not to risk rejection, sent it in on the following Monday rather than risking a day earlier and sending it on the previous Saturday. Use that date at the end of the form where you sign it.

Others have listed all the other requirements you have to meet. All that other stuff like trips greater than 24 hours, employment, and residence are based on the day you signed your application. During your interview, will have to account for those additional 90 days in regards to residence, employments and trips outside of the country greater than 24 hours.

[lehan 0]

Ok, that makes sense. But one thing I need to confirm is the 21 days she was out of the country in 2008 - don't you have to add them to the mix?

Meaning if she can apply on 11/04/09 (using the 3-years minus 90-days), then add 21 days = 11/25/09 as the application eligibility date

Or can I just simply ignore the 21 days she was out?

At any rate, we just started collecting the documents and most likely will not be ready to submit until early Dec (given the Holidays and having a 15 month old baby!!) so we should probably be fine

Edited November 13, 2009 by lehan

[Italian_in_NYC 259]

Ok, that makes sense. But one thing I need to confirm is the 21 days she was out of the country in 2008 - don't you have to add them to the mix?

Meaning if she can apply on 11/04/09 (using the 3-years minus 90-days), then add 21 days = 11/25/09 as the application eligibility date

Or can I just simply ignore the 21 days she was out?

At any rate, we just started collecting the documents and most likely will not be ready to submit until early Dec (given the Holidays and having a 15 month old baby!!) so we should probably be fine

No, you don't have to count those.

Only if you break continuous residence (which your wife didn't), the clock starts over and you have to wait another 3 years (5 years for non-marriage based).

Your wife is absolutely good to go!

[lehan 0]

Ok, that makes sense. But one thing I need to confirm is the 21 days she was out of the country in 2008 - don't you have to add them to the mix?

Meaning if she can apply on 11/04/09 (using the 3-years minus 90-days), then add 21 days = 11/25/09 as the application eligibility date

Or can I just simply ignore the 21 days she was out?

At any rate, we just started collecting the documents and most likely will not be ready to submit until early Dec (given the Holidays and having a 15 month old baby!!) so we should probably be fine

No, you don't have to count those.

Only if you break continuous residence (which your wife didn't), the clock starts over and you have to wait another 3 years (5 years for non-marriage based).

Your wife is absolutely good to go!

Great - Thanks for the confirmation and for everyone's responses, all were a great help. I am sure I will post new questions while collecting the docs and preping the packet but I have a good idea of what is needed (wish us luck )

Edited November 13, 2009 by lehan