Eligible to file ?

[TNmommy 0]

Hi guys, i know its a stupid question, but i just want to make sure, as i am doing all the prepare work for the N-400 these days, my greencard date is Feb 11 2008, that mean i am eligible to file N-400 on Nov 11 2010 ,right? Thanks a million

[Saylin 1,605]

You can only file the N-400 once you have been married and living with your spouse and a legal permanent resident for 3 years or once you've been a legal permanent resident for 5 years. So that said, have you been married to your spouse for three years and lived together for three years? And have you had a green card for three years? If so, then you can file. If not, no.

The first page on the N-400 instructions explains in more detail who can file for naturalization. There are other criteria you can meet to file, but the two I mentioned above are the most common I would say.

Edited October 15, 2010 by Saylin

[TNmommy 0]

I have been married and living with my husband for 2 years and 8 month now, i thought i can apply 3 month advance? Thanks

You can only file the N-400 once you have been married and living with your spouse for 3 years or once you've been a legal permanent resident for 5 years. So that said, have you been married to your spouse for three years and lived together for three years? If so, then you can file. If not, no.

[Saylin 1,605]

Yup, it's three months in advance.

[TNmommy 0]

Thank you

Yup, it's three months in advance.

[Saylin 1,605]

No problem, glad to help.

[NickD 203]

Hi guys, i know its a stupid question, but i just want to make sure, as i am doing all the prepare work for the N-400 these days, my greencard date is Feb 11 2008, that mean i am eligible to file N-400 on Nov 11 2010 ,right? Thanks a million

Based on a valid marriage, earliest date you can file based on the day you became a LPR is Saturday, November 13, 2010, but to be safe, would send it off on Monday, November 15, 2010. November 15, 2010 should be the date of your application, should correspond with your send off date and the USCIS isn't exactly clear on whether you count the date you became a LPR or the day before that for the 90 days. Besides that, processing time is becoming much shorter lately, and you cannot receive your certificate until your third anniversary date of being a LPR.

Our earliest date was also on a Saturday, we use Sunday as a final check on our evidence and application, evidence stack was quite thick. We made minor corrections. Can't send it off on a Sunday, so did that the first thing Monday morning.

Big factor is doing everything the way the USCIS wants you to do it, and sometimes, that is not easy to figure out.

[hhN400 3]

Hi guys, i know its a stupid question, but i just want to make sure, as i am doing all the prepare work for the N-400 these days, my greencard date is Feb 11 2008, that mean i am eligible to file N-400 on Nov 11 2010 ,right? Thanks a million

NO! It's not 3 months; it's 90 days in advance. Therefore, the earliest you may file is November 13, 2010. Many people fall into this 90-days versus 3-months trap and their application is rejected because they file a day or two too early.

[TNmommy 0]

Thank you so much, NickD, for the suggestion such in details, well, i will mail them on MON then

Based on a valid marriage, earliest date you can file based on the day you became a LPR is Saturday, November 13, 2010, but to be safe, would send it off on Monday, November 15, 2010. November 15, 2010 should be the date of your application, should correspond with your send off date and the USCIS isn't exactly clear on whether you count the date you became a LPR or the day before that for the 90 days. Besides that, processing time is becoming much shorter lately, and you cannot receive your certificate until your third anniversary date of being a LPR.

Our earliest date was also on a Saturday, we use Sunday as a final check on our evidence and application, evidence stack was quite thick. We made minor corrections. Can't send it off on a Sunday, so did that the first thing Monday morning.

Big factor is doing everything the way the USCIS wants you to do it, and sometimes, that is not easy to figure out.

[TNmommy 0]

Thank you, hhN400~ I will be patient then and wait till Mon

NO! It's not 3 months; it's 90 days in advance. Therefore, the earliest you may file is November 13, 2010. Many people fall into this 90-days versus 3-months trap and their application is rejected because they file a day or two too early.

[v333k 59]

NickD and hhN400

+1