When can I file?

[inaweaver 0]

Hi everyone

I am little confused...maybe someone can help me out here

I got my green card 01/23/04. Do you think am I due to file N 400?

Thank you ahead for the response.

Blessings

[lucyrich 20]

You can file when you meet ALL the eligibility requirements listed in the M-476

If you've continuously been married to a US Citizen during the time you've held your green card, you're probably eligible now.

If you haven't been married to a US Citizen, you'll probably become eligible 90 days before the 5 year anniversary of gaining LPR status, that is, 90 days before 1/23/09, which would be 10/25/08 by my calculations. That's just a few days away.

Both of those would be the day you meet the "continuous residence" portion of the requirements for filing. There are lots of other requirements listed in the M-476, but that "continuous residence" one is often the last one to met, so it often is what determines your earliest possible filing date.

[inaweaver 0]

Thank you so much

I have been in US nearly five years and am filling on my own.

Thank you so much for the help.

I am going to get ready to fill out all the information.

[alfredfedo 0]

if you married to us citizen and been married for three years and she is been us citizen for three years you can now apply.

if you not married to us citizen 5 years less 90 days you may apply.

note.

only if you got your green card base on marrige to us citizen you may apply three years less 90 days.

if you have other question let me know

[NickD 203]

if you married to us citizen and been married for three years and she is been us citizen for three years you can now apply.

if you not married to us citizen 5 years less 90 days you may apply.

note.

only if you got your green card base on marrige to us citizen you may apply three years less 90 days.

if you have other question let me know

Even if you are married to a USC, what about filing after five years? Wouldn't the paper work be a lot less? Or do they still want all those utility bills and other stuff?

After the I-751 fiasco, with a new foreign passport and a ten year card, wife could have waited another two years, we had a sense of stability, but just wanted to get it over with, ASAP! Ha, had to go back into that limbo zone with the N-400, but at least we have grown partially accustomed to it. Would have to be retrained after two years.

[lucyrich 20]

note.

only if you got your green card base on marrige to us citizen you may apply three years less 90 days.

That's incorrect. See INA 319(a), as well as the M-476 and the forms and instructions for naturalization. Any person who has held a green card for three years, has been married to one individual US Citizen for three years, and whose spouse has been a US Citizen for a full three years is eligible for naturalization. They may file the paperwork 90 days before meeting their continuous residence requirement. There's no restriction on how they must have gotten their green card. For example, someone who got a green card via employment or visa lottery, and then married a US Citizen, could be eligible under this provision.

[inaweaver 0]

I cant thank you all enought for the answers I got.

My situation is very confused one ...I was married to an AMerican and we were married 4 years, but we lived in Germany for 2 years. My husband passed away in August and I was filling in October, so I got refulsal as I was not married enough years in US, yep, I went through everything to become citizen but at the end I got an answer NO.

Now I am filling on my own. I should have my fiftth year beginging in 01/23/09. I just want to make sure I am eligibale to file as I do not want to pay that big amount again

Thank you all

[lucyrich 20]

Even if you are married to a USC, what about filing after five years? Wouldn't the paper work be a lot less? Or do they still want all those utility bills and other stuff?

It would be a little less. They only ask for a copy of your marriage certificate, your tax returns, and birth certificates of any children you had together. That's all we sent. They don't ask for utility bills, but I'm sure some people send them and they do no harm.

But your point is good. If someone has the choice between checking box 2a (five years as LPR) or 2b (three years married to US Citizen and three years LPR) on the N-400, they're probably slightly better off checking box 2a. That way, they don't have to prove anything about the marriage, and furthermore, if the marriage should end due to death or divorce at any time before the citizenship oath is taken, it won't affect the naturalization. That's probably a minor point, but if one is eligible either way, I can't see any advantage to checking 2b.

[NickD 203]

Even if you are married to a USC, what about filing after five years? Wouldn't the paper work be a lot less? Or do they still want all those utility bills and other stuff?

It would be a little less. They only ask for a copy of your marriage certificate, your tax returns, and birth certificates of any children you had together. That's all we sent. They don't ask for utility bills, but I'm sure some people send them and they do no harm.

But your point is good. If someone has the choice between checking box 2a (five years as LPR) or 2b (three years married to US Citizen and three years LPR) on the N-400, they're probably slightly better off checking box 2a. That way, they don't have to prove anything about the marriage, and furthermore, if the marriage should end due to death or divorce at any time before the citizenship oath is taken, it won't affect the naturalization. That's probably a minor point, but if one is eligible either way, I can't see any advantage to checking 2b.

The reason I choose utility bills as it is not only the weakest form of married evidence, but is what my wife's friend IO required at her interview over ten months ago at the Chicago office. Still do not know why she or her husband didn't make an inquiry, frightened I suppose. But next time I talk her, might as well tell her to wait a few more months and reapply, that way, she won't have that marriage burden.

[akdiver 3]

I got my green card 01/23/04. Do you think am I due to file N 400?

Read the form instructions. The precise information you need can be found therein.