Got EB green card in 08/2010, Married to a citizen 10/2011. Could I file N400 in late July of 2014?

[NYCNY 2]

Hi,

I got my green card through employment in August 2010, then married to a US citizen in mid-October 2011. I have been living with my citizen spouse in the same state since we were married and have only been outside the US for short trips (10 days per trip for 7 trips total since 2010).

I am wondering if I could file my N-400 in late July (90 days prior to our 3-year wedding anniversary of mid-October). I read the 90-day early filing provision which states "The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the naturalization application up to 90 days before the date he or she would first meet the required three-year period of continuous residence. All other requirements for naturalization must be met at the time of filing."

Or do I have to wait until mid-October when we have been married for 3 years to file my N-400?

Thank you.

Edited July 3, 2014 by NYCNY

[Harpa Timsah 13,258]

You can file based on the three-year rule due to your marriage, even though your GC was not originally gained through a marriage category.

But, your timing is wrong. You must be married a FULL three years before you can file N400. The only thing you are allowed to go early on is the length of PR time (which you can't take advantage of anyway).

You can file in mid-October 2014.

Good luck.

[NYCNY 2]

Thank you, Harpa. I will wait until mid-October to file my N-400.

[Canadianmamaof2 1]

This is not true. I have filed my n400 and it's the same situation as yours... Except I filed 90 days before 3 yr marriage anniversary. It was accepted and I have biometrics on Tuesday. As long as you will be married the 3 yrs before your oath it will be fine.

[NYCNY 2]

Thanks for sharing your experience.

I read a couple of other posts on this topic with various outcomes:

http://www.visajourney.com/forums/topic/322175-n400-denied-based-on-eligibility/

http://www.visajourney.com/forums/topic/383275-n-400-was-returned/

To avoid any ambiguity with eligibility, I will follow Harpa's recommendation to wait until my 3-year wedding anniversary to file N-400.

Hope everything is going well with your application.

[osmosesnew 17]

Thank you, Harpa. I will wait until mid-October to file my N-400.

we are in same boat. I have to wait till mid October.

Check here. http://www.uscis.gov/sites/default/files/dateCalculator.html

Edited July 10, 2014 by osmosesnew

[JimmyHou 611]

Here is a case (from 2013) that may help you decide which way to go.

This person applied before she had been married for 3 years.

She did her biometrics and was scheduled for an interview.

Her interview date was after her 3rd wedding anniversary.

She passed her interview and was recommended for approval.

Two weeks later, she got a letter telling her that her application had been denied because during the final review, the officer or supervisor noticed that she hadn't been married for 3 years on the day that she applied.

Of course, this may have been overlooked and she may have been naturalized, but better safe than sorry.

Here's the relevant post:

http://www.avvo.com/legal-answers/n-400-was-denied-because-the-3-year-married-to-us--1406591.html