US citizenship

[franki 0]

Hello –

One of my dear friend who is a PR in the US for a like almost 4 years now through her previous marriage (fully divorced now) was asking me to find out if she can file for her U.S citizenship now, instead of waiting another 11 months or so….. she is divorced and her divorce file has already been finalized. I told her in order to qualify for citizenship you either need to be married and LIVING with the same spouse to apply for citizenship (that is 3 years) or you have to wait 4 years and 9 months to apply on your own grounds being a U.S – PR.

But there is a point she that she made, her divorce was based on a mutual separation – there was no fights any type of hardship involved and she went and asked her x-husband if he is agreeing to sign on her papers. so what do you all think this will work for her or not?

Thank you.

[nwctzn 55]

She needs to wait until she fulfills the 5-year residency requirements.

[NigeriaorBust 4,087]

No she must file under the 5 year rule if she isn't with the USC she gained her GC from

[aleful 1,905]

Hello –

One of my dear friend who is a PR in the US for a like almost 4 years now through her previous marriage (fully divorced now) was asking me to find out if she can file for her U.S citizenship now, instead of waiting another 11 months or so….. she is divorced and her divorce file has already been finalized. I told her in order to qualify for citizenship you either need to be married and LIVING with the same spouse to apply for citizenship (that is 3 years) or you have to wait 4 years and 9 months to apply on your own grounds being a U.S – PR.

But there is a point she that she made, her divorce was based on a mutual separation – there was no fights any type of hardship involved and she went and asked her x-husband if he is agreeing to sign on her papers. so what do you all think this will work for her or not?

Thank you.

ditto,

90 days before the 5 year she can file for citizenship, not before or be currently married to the petitioner, pay taxes jointly, they will ask about her marriage. since she is divorced, no matter if it was amicable, she has to put that she is divorced on the form. the citizenship will be denied. she has to wait the 5 years and 90 days prior is the earliest she can file

Edited November 19, 2012 by aleful

[bt1 42]

She needs to wait until she fulfills the 5-year residency requirements.

[franki 0]

I though its 4 years and 9 months?

[nwctzn 55]

I though its 4 years and 9 months?

It is 90 days before her 5-year residence anniversary and not 3 months! Be careful since USCIS is picky even if you apply one day early. Most people leave a 7 to 10 days grace period and apply 80 days prior to the 5-year anniversary just to be on the safe side that USCIS does not decline because of early filing.

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Edited November 19, 2012 by nwctzn

[franki 0]

It is 90 days before her 5-year residence anniversary and not 3 months! Be careful since USCIS is picky even if you apply one day early. Most people leave a 7 to 10 days grace period and apply 80 days prior to the 5-year anniversary just to be on the safe side that USCIS does not decline because of early filing.

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Still confused......??

If someone has granted permanent resident on May 2008 when he/she will be eligible to apply for citizenship, based on 5 years residency, I always think its 4 years and 9 months OR 3 months before the date you have been granted PR, in this case if someone granted PR on 05/01/2008 they can apply 02/01/2012?

Sorry I mean 02/01/2013!

Edited November 19, 2012 by franki

[nwctzn 55]

Nope, it's 90 days prior to the 5-year anniversary!

5 years minus 90 days is not equal to 4 years and 9 months in general.

Use the official USCIS date calculator here: http://www.uscis.gov/dateCalculator.html

In fact, the calculator returns 01/31/2013 in the case of an anniversary on 05/01/2013 (because of the 28-day February during that period). But as I indicated earlier, most applicants leave a 7-10 grace period. If I were her, I would send in my documents on 02/10/2013. Just my personal opinion.

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Edited November 19, 2012 by nwctzn

[aaron2020 11,651]

Still confused......??

If someone has granted permanent resident on May 2008 when he/she will be eligible to apply for citizenship, based on 5 years residency, I always think its 4 years and 9 months OR 3 months before the date you have been granted PR, in this case if someone granted PR on 05/01/2008 they can apply 02/01/2012?

Sorry I mean 02/01/2013!

A year has 365 days. So, 3 months has 91.25 days. So some 3 months will have 91 or 92 days. THE RULE IS 90 DAYS!!!! THE RULE IS NOT 3 MONTHS!!!!!!

You hit on the rare exception when counting February which only has 28 days.

The point is that 90 days is not the same as 3 months. This is why people screw this up very badly by applying 1 or 2 days early because they believe wrongly that it is 4 years and 9 months. IT IS NOT 4 YEARS and 9 MONTHS. That is not the same as 90 days before 5 years.

Details matters to USCIS. Apply 1 day early and it could be denied. So use the correct terminology, it is important.

[franki 0]

A year has 365 days. So, 3 months has 91.25 days. So some 3 months will have 91 or 92 days. THE RULE IS 90 DAYS!!!! THE RULE IS NOT 3 MONTHS!!!!!!

You hit on the rare exception when counting February which only has 28 days.

The point is that 90 days is not the same as 3 months. This is why people screw this up very badly by applying 1 or 2 days early because they believe wrongly that it is 4 years and 9 months. IT IS NOT 4 YEARS and 9 MONTHS. That is not the same as 90 days before 5 years.

Details matters to USCIS. Apply 1 day early and it could be denied. So use the correct terminology, it is important.

Chill guys Thank you anyway... this mean my assumption was right . so she can apply any date after the Feb 14th 2013

[nwctzn 55]

Chill guys Thank you anyway... this mean my assumption was right . so she can apply any date after the Feb 14th 2013

The reason we were picky on this is that there are many cases where USCIS rejected applicants because they applied 91 or 92 days early instead of 90 days. $680 and 5 months up the air if you are not careful!