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Will I be denied ?

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I am so sorry to hear about your situation. Just try to keep in mind that you are dealing with uneducated government workers reading from a job descriptiion and/or a script. Try to remember what it is like, or can be like, dealing with a customer service representative - uneducated people reading from a script. To be honest, don't worry about it as long as you have met all of the requirement for "citizenship." Best of luck!

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Filed: Citizen (apr) Country: Pakistan
Timeline

Isn't the 90 days prior from the point the USCIS get's your paperwork? Or are they going by the date you put on the n 400? If it's USCIS then you're probably good since the NOA is usually 3 or 4 days later. Hope you'll be fine.

129F 2009-10-20
I-129F NOA1 : 2009-10-26
I-129F RFE(s) : none
RFE Reply(s) :
I-129F NOA2 : 2009-12-29
NVC Received : 2010-01-10
NVC Left : 2010-01-10
Consulate Received : 2010-01-21
Packet 3 Received : 2010-01-21
Packet 3 Sent : 2010-02-06
Packet 4 Received : 2010-02-13
Interview Date : 2010-03-08 Approved
Visa Received : 2010-03-24
US Entry : 2010-04-12

Adjustment of Status CIS Office : Philadelphia PA
Date Filed : 2010-06-18 NOA Date : 2010-06-24
RFE(s) : 2010-07-13 CS forgot to sign form I-693
Reply sent July 23 Biometrics Appt. : 2010-07-08 Walk In Successful
Case Transferred to CSC on August 19, 2010
Advance Parole, August 20, 2010 according to Website
Employment Authorization Card/ Document Production ordered August 19, 2010
Touched again, EAD CARD ordered August 24, 2010
Case now transferred to USCIS office and being processed as of August 26, 2010 (guess this is a touch)
EAD Card Received August 30, 2010
Green Card Received October 7, 2010

Filed I-751 on July 20, 2012 Check for $590 Cashed on or about July 26, 2012
NOA1, July 24, Green Card Extended for 1 year
Biometrics Appointment August 24, 2012 Walk In Biometrics August 13, 2012
10 year green card approved March 21, 2013 (lifting of conditions) Green Card Received March 28, 2013

Naturalization N-400 Filed July 2, 2013 sent to Dallas, Tx

Oath taken Nov. 22, 2013 USA citizen and passport

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Filed: Lift. Cond. (pnd) Country: India
Timeline

I am so sorry to hear about your situation. Just try to keep in mind that you are dealing with uneducated government workers reading from a job descriptiion and/or a script. Try to remember what it is like, or can be like, dealing with a customer service representative - uneducated people reading from a script. To be honest, don't worry about it as long as you have met all of the requirement for "citizenship." Best of luck!

Trying to keep a positive attitude. I hope common sense will prevail over them while making this judgement. I may have applied one day earlier, but I was still married to same US citizen at time of interview and thats well over 3 years requirement.

Isn't the 90 days prior from the point the USCIS get's your paperwork? Or are they going by the date you put on the n 400? If it's USCIS then you're probably good since the NOA is usually 3 or 4 days later. Hope you'll be fine.

90 day requirement sometimes doesn't overlap your 3 years marriage requirement. I was married for 2 years, 11 months and 30 days instead of 3 complete years. LOL

Its so hard to do it all over again. In addition, you have to pay $680 all over. Who has that amount of money to throw away.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: K-1 Visa Country: Nigeria
Timeline

The reason they say you can file 90 days before the day is because the process is expected to take at least 90 days. It is expected that at the end of the process you would've been qualified for whatever you are filing for BUT in some cases, the process takes less than 90 days leaving the petitioner in a fix.

I had exactly the same issue when I filed for citizenship years ago. I concluded the process 3 days early. I could have had my oath ceremony the same day but because I was not yet qualified, they had to send me an invitation for another ceremony. That 3 days early ended up taking about a month before I could do it.

When my wife qualifies for citizenship, instead of 90 days, we'll file 60 days as the process seems to be getting faster. That way we'll completely avoid this issue.

So to answer your question, you should not be denied. They should send you an invitation to an oath ceremony AFTER you have met the conditions and qualified for citizenship.

I hope this helps?

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Define 3 years. 1095 days? 8/1/2010 to 8/1/2013 is 1096 days. Technically there was an extra day in 2012 for leap year, maybe you could leverage that.

2011-05-21: Matched on eharmony (clearly not in my 60 mile radius preference!)

2011-07-30: Met in Ottawa

2011-08-28: Day I knew I wanted to spend my life with her

2012-01-21: I proposed, outside in the freezing cold!

2012-02-06: Mailed out K-1 via FedEX

2012-02-10: NOA1

2012-08-01: NOA2

2012-08-17: Packet 3 received (email)

2012-09-10: Packet 3 sent

2012-09-12: Packet 4 received (email) with request for 2 photos

2012-10-29: Medical in Toronto

2012-11-06: Interview - Approved!

2013-04-05: POE Thousand Islands

2013-04-20: Wedding

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Filed: Lift. Cond. (pnd) Country: India
Timeline

It is 3 years of being a green card holder and married to a US citizen for 3 years.

  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a0ffa3ac86aa3210VgnVCM100000b92ca60aRCRD

Now I know. Wish I had known before I applied.

Define 3 years. 1095 days? 8/1/2010 to 8/1/2013 is 1096 days. Technically there was an extra day in 2012 for leap year, maybe you could leverage that.

Mine came out to be 1095 days if we exclude last day.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Lift. Cond. (pnd) Country: India
Timeline

The reason they say you can file 90 days before the day is because the process is expected to take at least 90 days. It is expected that at the end of the process you would've been qualified for whatever you are filing for BUT in some cases, the process takes less than 90 days leaving the petitioner in a fix.

I had exactly the same issue when I filed for citizenship years ago. I concluded the process 3 days early. I could have had my oath ceremony the same day but because I was not yet qualified, they had to send me an invitation for another ceremony. That 3 days early ended up taking about a month before I could do it.

When my wife qualifies for citizenship, instead of 90 days, we'll file 60 days as the process seems to be getting faster. That way we'll completely avoid this issue.

So to answer your question, you should not be denied. They should send you an invitation to an oath ceremony AFTER you have met the conditions and qualified for citizenship.

I hope this helps?

Thats not the problem. Problem is that I was not married for full 3 years before I applied. It was 2 yrs, 11 months and 30 days. They can only make an exception or I will have to redo everything all over.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Finally I got a call today and officer told me that he will not be able to approve my application so I can either wait for denial or withdraw my application. I chose to withdraw and will have to re-do everything all over. Moral of the story " USCIS would love to take your money twice, its up to you how to prevent that from happening. Read all the rules carefully before you apply."

Such a disappointment !

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Australia
Timeline

Finally I got a call today and officer told me that he will not be able to approve my application so I can either wait for denial or withdraw my application. I chose to withdraw and will have to re-do everything all over. Moral of the story " USCIS would love to take your money twice, its up to you how to prevent that from happening. Read all the rules carefully before you apply."

Such a disappointment !

I didn't think they'd be able to waive it, sorry!

On the upside, all your checks etc have already been done so *hopefully* if you're able to send it in asap they'll be able to process you faster. no need for prints, you already did them. Please let us know how you go!

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Filed: Lift. Cond. (pnd) Country: India
Timeline

I thought that I have to re-do finger prints. Also, do I have to wait for any official letter from USCIS that I withdrew my application or I can apply right away ?

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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Filed: Citizen (apr) Country: Australia
Timeline

I thought that I have to re-do finger prints. Also, do I have to wait for any official letter from USCIS that I withdrew my application or I can apply right away ?

I don't know if you'll have to redo them honestly.. seems a bit pointless but you never know with USCIS.

I would probably wait until your status reads as "withdrawn" or something online... just so there's no confusion.

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Filed: Citizen (apr) Country: Tunisia
Timeline

I'm sorry about that brother. I can't believe that they wanted to deny your application because of a one day. I'm sorry but that's BS. I hope you do it next time and you get everything quick.

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Filed: Lift. Cond. (pnd) Country: India
Timeline

I'm sorry about that brother. I can't believe that they wanted to deny your application because of a one day. I'm sorry but that's BS. I hope you do it next time and you get everything quick.

I know it sucks. But, I guess others can learn from mistake and make sure that they meet all eligibility criteria before applying. Now that we know, not even one day is excused.

ROC timeline

I-751 package sent - 04/21/12

Checks cashed - 04/26/12

NOA1 received - 04/27/12 dated 04/24/12

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