Married to U.S. citizen - Can I file n-400 already?

[italicus 0]

Hello Everybody:

I am a bit confused and I apologize preliminarily if this question it too basic. I have been a PR since the end of Sept 06. I am married and living with U.S. citizen and have continuously lived in the US since. Based on the N-400 instructions, I am eligible to apply at end of September 09 (3 years after being PR)

However, I have read somewhere on the internet that it is possible to apply for naturalization, starting 3 months prior to the 3rd anniversary of residence. In my case, it would mean 2 years and 9 months beginning at the end of September 06, i.e. end of June 2009. I could not find any rule or FAQ confirming this. Anybody can tell me if it possible to apply after only 2 y. and 9 mo. of PR and point to the relevant rule.

Thanks

[motu 6]

If you download the N400 (application for naturalization) and its instructions - you will see that an LPR married to a US citizen is eligible after 3 years. And they do let you file 90 days prior to the 3 year period - so yes; you can do it. this is exactly what hundreds of thousands of people do including the ones on VJ - look at their signatures and timelines, including mine. Good Luck

[YuAndDan 153]

NOT 3 months before, you can file within 90 days before 3 years of LPR status.

3 months can be MORE than 90 days when you count months with 31 days in them.

so for example if LPR status was granted Sep 31 2006, you can begin filing for naturalization after July 2 2009

[CA dreamer 3]

NOT 3 months before, you can file within 90 days before 3 years of LPR status.

3 months can be MORE than 90 days when you count months with 31 days in them.

so for example if LPR status was granted Sep 31 2006, you can begin filing for naturalization after July 2 2009

if a super pc is counting it won't be accurate as u did it:)

cool answer from a genius member

[YuAndDan 153]

NOT 3 months before, you can file within 90 days before 3 years of LPR status.

3 months can be MORE than 90 days when you count months with 31 days in them.

so for example if LPR status was granted Sep 31 2006, you can begin filing for naturalization after July 2 2009

if a super pc is counting it won't be accurate as u did it:)

cool answer from a genius member

Similar question earlier for removal of conditions, 90 days gets confused with 3 months all the time.

http://www.visajourney.com/forums/index.ph...=200223&hl=

[lucyrich 20]

Hello Everybody:

I am a bit confused and I apologize preliminarily if this question it too basic. I have been a PR since the end of Sept 06. I am married and living with U.S. citizen and have continuously lived in the US since. Based on the N-400 instructions, I am eligible to apply at end of September 09 (3 years after being PR)

However, I have read somewhere on the internet that it is possible to apply for naturalization, starting 3 months prior to the 3rd anniversary of residence. In my case, it would mean 2 years and 9 months beginning at the end of September 06, i.e. end of June 2009. I could not find any rule or FAQ confirming this. Anybody can tell me if it possible to apply after only 2 y. and 9 mo. of PR and point to the relevant rule.

Thanks

You don't say when you got married. You can't apply until you've been married to and living with your US Citizen spouse at least three full years. From the sticky at the top of this forum:

When can I apply, if I got my green card based on marriage?

Normally, 90 days before you've had your green card for three years, but only if you meet all the other requirements. See the box at the bottom of page 22 of the M-476 for more explanation. The "resident since" date printed on the front of your green card is the date when to start counting, assuming you haven't had broken your period of continuous residence by taking long trips outside the US.

Note that, to apply based on a marriage, all three of the following must be true simultaneously

* You must have held a green card and been residing in the US for three years (a 90 day shortcut is allowed on this point ONLY)

* You must have been married to and living with your US Citizen spouse for a full three years.

* Your spouse must have been a US Citizen for a full three years.

Your filing date is determined by the LAST one of the above things to be met. Most VJ'ers will meet the "three years less 90 days with a green card" test last. But VJ'ers who came in on a CR-1 visa and only started to live together on the same day they got their green card may meet the "three full years married to and living with your USC Spouse" test last, since that test doesn't allow a 90 day shortcut.

The reference is INA 319(a), available on the USCIS website (click on "laws and regulations", look for "Immigration and Nationality Act", and scroll down to INA 319. Or if you prefer more ordinary English, read the same info in the M-476, presented a little less precisely but in a more understandable format. The box at the bottom of page 22 of the M-476 is particularly worth reading.

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you

may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying

based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you

have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you

have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.

citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when

you file your application with USCIS.

[italicus 0]

Hello Everybody:

I am a bit confused and I apologize preliminarily if this question it too basic. I have been a PR since the end of Sept 06. I am married and living with U.S. citizen and have continuously lived in the US since. Based on the N-400 instructions, I am eligible to apply at end of September 09 (3 years after being PR)

However, I have read somewhere on the internet that it is possible to apply for naturalization, starting 3 months prior to the 3rd anniversary of residence. In my case, it would mean 2 years and 9 months beginning at the end of September 06, i.e. end of June 2009. I could not find any rule or FAQ confirming this. Anybody can tell me if it possible to apply after only 2 y. and 9 mo. of PR and point to the relevant rule.

Thanks

You don't say when you got married. You can't apply until you've been married to and living with your US Citizen spouse at least three full years. From the sticky at the top of this forum:

When can I apply, if I got my green card based on marriage?

Normally, 90 days before you've had your green card for three years, but only if you meet all the other requirements. See the box at the bottom of page 22 of the M-476 for more explanation. The "resident since" date printed on the front of your green card is the date when to start counting, assuming you haven't had broken your period of continuous residence by taking long trips outside the US.

Note that, to apply based on a marriage, all three of the following must be true simultaneously

* You must have held a green card and been residing in the US for three years (a 90 day shortcut is allowed on this point ONLY)

* You must have been married to and living with your US Citizen spouse for a full three years.

* Your spouse must have been a US Citizen for a full three years.

Your filing date is determined by the LAST one of the above things to be met. Most VJ'ers will meet the "three years less 90 days with a green card" test last. But VJ'ers who came in on a CR-1 visa and only started to live together on the same day they got their green card may meet the "three full years married to and living with your USC Spouse" test last, since that test doesn't allow a 90 day shortcut.

The reference is INA 319(a), available on the USCIS website (click on "laws and regulations", look for "Immigration and Nationality Act", and scroll down to INA 319. Or if you prefer more ordinary English, read the same info in the M-476, presented a little less precisely but in a more understandable format. The box at the bottom of page 22 of the M-476 is particularly worth reading.

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you

may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying

based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you

have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you

have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.

citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when

you file your application with USCIS.

Thanks everybody. After this message, things are again not 100% clear. I pretty much understood most requirements. The only one that was still unclear is whether I could apply in advance of the 3rd year anniversary of becoming a PR.

Based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

[enfm 0]

NOT 3 months before, you can file within 90 days before 3 years of LPR status.

3 months can be MORE than 90 days when you count months with 31 days in them.

so for example if LPR status was granted Sep 31 2006, you can begin filing for naturalization after July 2 2009

how bout july 26,06 granted for GC

[l.j./1999 1]

Based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

Yes, you can apply starting from June 28 as long as you have been married to a U.S. citizen for three full years by then. Good luck!

Edited June 3, 2009 by l.j./1999

[enfm 0]

Based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

Yes, you can apply starting from June 28 as long as you have been married to a U.S. citizen for three full years by then. Good luck!

alright i got some resource from you guys. thanks a lot

[shakysgirl 1]

[based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

We've got the same dates- My husband's three year green card anniversary is Sept 26. I have all the paperwork done and ready to mail out on June 28th (my local post office is open on Sundays). We've been married for more than 4 years, so we're fine there. Good luck to you and see you on the June filers section in a few weeks!

[imaisha 1]

Based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

Yes, you can apply starting from June 28 as long as you have been married to a U.S. citizen for three full years by then. Good luck!

Actually you have to have been married to and living with the US citizen spouse for those three years.

Many K-3 and CR-1 applicants have trouble using the 90 days early bit because yes they were married, but they were living apart. Because you adjusted from an H-1b you have probably been living with your spouse for the full three years so it won't affect you, but it's an important distinction to make for anyone else who reads this thread. For example, shakysgirl, you might want to look into it further...

Edited June 3, 2009 by imaisha

[island_princess 2]

Is it 3 years anniversary of marriage to USC or being an LPR (GC issuance date)?

[Tini27 0]

Is it 3 years anniversary of marriage to USC or being an LPR (GC issuance date)?

It's 3 year anniversary of being a GC holder, you also have to have been married and living with USC in USA (not out of the country for more than 6 months/y) for 3 years as per above posts.

When you calculate the 3 year anniversary, deduct 90 days and that's when you can file for N400.