90 days before marriage anniversary

[Canadianmamaof2 1]

I applied for n400 about 90 days before my 3rd wedding anniversary, in late May. My LPR status passed the 3 year mark as of February.

I filed using the fee waiver, and am so far waiting for my biometrics appointment this week.

My problem is, I'm now reading that I could be denied at the interview or I might not be, based on "filing too early". If we have reached the 3 year wedding anniversary mark before the interview date, will we be fine? Anyone have prior experience or can post old threads that have talked about this?

Thanks. We have been together for 5 years, had our first child 4 years ago, etc..

[Canadianmamaof2 1]

And I would like to point out the fee waiver was granted and the application was accepted.

[Canadianmamaof2 1]

Buuump

[Darnell 8,479]

i thought it was 3 years after first date in first green card, and i'm assuming that green card was obtained due to marriage to a usa citizen (K-1 adjustment, straight big adjustment, whichever).

please confirm?

[aaron2020 11,651]

Buuump

Hi,

Fill in your timeline. It would help if we had a better idea of your situation.

[Canadianmamaof2 1]

Moved to usa in 1999 on a work visa as a dependent (my father's)

Applied for green card in 2005

Green card granted in February 2011

Married in august 2011

Filed n400 5/29 with fee waiver

Application and fee waiver accepted/granted

Biometrics done today.

I did not get green card through marriage, and you do not need marriage green card to be elligible for n400 through 3 year route

[aaron2020 11,651]

You meet the requirements for the 3 years rule. Congratulations on your pending US citizenship.

[Fan_Dancer 171]

Interesting. Since she does not apply through her marriage, does she not have to wait for 5 years?

[KayDeeCee 4,896]

She checks Part 1 #2 on the form. She did not have to receive her green card because she married a USC. She just has to have been a permanent resident for at least 3 years and been married to the same USC for the last 3 years.

[DC85 113]

sorry to tell you that, but your case most likely will be denied. The 90 days rule applies to your residency anniversary not to your Marriage anniversary. You should waited to complete the 3 years marriage anniversary. I would withdraw the application and re-file on August if i were in your place

[Canadianmamaof2 1]

I don't think that is true because the fee waiver was granted meaning everything is looked over by more than 1 person...

[JimmyHou 613]

sorry to tell you that, but your case most likely will be denied. The 90 days rule applies to your residency anniversary not to your Marriage anniversary. You should waited to complete the 3 years marriage anniversary. I would withdraw the application and re-file on August if i were in your place

I don't think that is true because the fee waiver was granted meaning everything is looked over by more than 1 person...

I believe that the first reply above is correct. You can apply 90 days prior to 3 years of residency, but you have to have been married for 3 years when you apply.

The fee waiver may have been reviewed by someone who was only looking at financial eligibility and not eligibility for naturalization. Similarly, some people who have sent in checks have had their checks cashed and have had their applications denied based on eligibility at the interview stage.

You filed too soon. You need to have reached the 3 years of marriage mark when you file, not when you are interviewed. You may get lucky because interview officers seem to be quite inconsistent, but you should be prepared to have to refile after the interview.

There's some more feedback on this thread: http://www.visajourney.com/forums/topic/496815-married-3-years-or-3-years-90-days-to-file-n400/

[Canadianmamaof2 1]

If I reach the 3 year wedding anniversary by time of interview wouldn't they approve the application? I included birth certificates of our children born in 2010 and 2013.

[JimmyHou 613]

If I reach the 3 year wedding anniversary by time of interview wouldn't they approve the application? I included birth certificates of our children born in 2010 and 2013.

The dates that matter are:

1- You have to be married for at least three years before you send in your application.

2- You have to be a permanent resident for 3 years - 90 days before you send in your application.

3- You have to be a permanent resident for 3 years and married for 3 years before you can take your oath.

The date of the interview doesn't really matter (except for some offices which insist that you have to be interviewed after your 3 years of permanent residency).

This has nothing to do with the birth certificates of your kids; USCIS will not question whether or not you've been together for a long time or whether or not you have a real marriage; they will just probably tell that you applied too early. It's exactly as if you had applied 95 days before 3 years of permanent residency.

[Canadianmamaof2 1]

Also, why would I withdraw my application? I feel as though I followed the rules and satisfied the requirements which is why I have made it this far, because someone else obviously thought the same,,, if I thought otherwise I would not have applied.