EVEN WITH THIS, can I file N400 application 90 days earlier than the 5 year anniversary?

[Ponty 0]

I saw in the Eligibility worksheet the following in which my spouse DOESN'T meet the 3rd criteria, can I still apply for N400 90 days earlier than the 5 year anniversary?

 

 

 

[little immigrant 801]

Yes

[milimelo 4,477]

No. It says right there in the screenshot - if answer is no, you can’t apply. This is if you’re trying for naturalization if you’re married to a USC who brought you in on cr-1 / ir-1 visa. 

 

If you got a green card on another basis then this condition wouldn’t apply to you. 

Edited August 20, 2019 by milimelo
Expanded.

[xyz12345 260]

That portion of the worksheet does not clearly.distinguish between either eligibility for 3-yr marriage- or 5-yr since resident based-applic. NO to 3-yr but YES as of 8/20/19 if your 5th yr anniversary as permanent resident is 11/18/2019 and earlier (N-400 early file calculator), assuming of course you meet all other requirements.

 

Clearer if you use these two:

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Citizenship & Naturalization Based Resources/A Guide to Naturalization/PDFs/M-480.pdf

 

https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

Edited August 20, 2019 by xyz12345

[Ponty 0]

Thank you all for your replies...I now checked from this official USCIS link https://www.uscis.gov/forms/uscis-early-filing-calculator where it says in the first line "The information in this part ONLY relates to your time as a permanent resident if you file under Section 319(a) and 316(a) of the INA"

 Section 319(a) is if I file as a wife to my husband, in which case the 90-day rule can't be applied in this case because of the above reason I mentioned in my earlier post above.

Section 316(a) is if I file as a permanent resident myself based upon the 5 years anniversary (slated for 12/24/2019), in that case the 90-day early filing can be applied.

 

Thank you all again!