N-400 Dec 2019 Filers

[Sartre 123]

The USCIS regulation is that one can file 90 days prior to the 3 or 5 year period and it is as if though one applied at the 3 or 5 year end.  It is wise to take advantage of this regulation because you will get your citizenship more or less 90 days sooner. 

[Yaadman20 19]

Appreciate the response but I did call USCIS and they said because I filed early, it's pretty much suspended, sitting at NBC until I hit the 5-year mark. I have not heard it before hence my inquiry. IF you guys know anyone that did early filing and their case still gets processed, I would love to see it, read more, reference it or whatever.

[Sartre 123]

2 minutes ago, Yaadman20 said:

Appreciate the response but I did call USCIS and they said because I filed early, it's pretty much suspended, sitting at NBC until I hit the 5-year mark. I have not heard it before hence my inquiry. IF you guys know anyone that did early filing and their case still gets processed, I would love to see it, read more, reference it or whatever.

I've never heard that they do nothing with the application.  I believe many on this site have applied early and heard early about doing their biometrics, etc...How long ago did you apply?

[Yaadman20 19]

1 minute ago, Sartre said:

I've never heard that they do nothing with the application.  I believe many on this site have applied early and heard early about doing their biometrics, etc...How long ago did you apply?

That's the thing, I did apply early. I could've applied on 01/02/2020 but I applied on 01/04/2020 and did biometrics on 01/15/2020. I contacted USCIS to get some information and they said it's pretty much suspended until I hot 5-year mark on April first which I feel make no sense.

[Sartre 123]

1 minute ago, Yaadman20 said:

That's the thing, I did apply early. I could've applied on 01/02/2020 but I applied on 01/04/2020 and did biometrics on 01/15/2020. I contacted USCIS to get some information and they said it's pretty much suspended until I hot 5-year mark on April first which I feel make no sense.

 

2 minutes ago, Yaadman20 said:

That's the thing, I did apply early. I could've applied on 01/02/2020 but I applied on 01/04/2020 and did biometrics on 01/15/2020. I contacted USCIS to get some information and they said it's pretty much suspended until I hot 5-year mark on April first which I feel make no sense.

I think you got bad information from a person at USCIS.   Did you get a termination date yet?  If not that should be coming soon.

[Giovanna024 442]

5 minutes ago, Yaadman20 said:

That's the thing, I did apply early. I could've applied on 01/02/2020 but I applied on 01/04/2020 and did biometrics on 01/15/2020. I contacted USCIS to get some information and they said it's pretty much suspended until I hot 5-year mark on April first which I feel make no sense.

I got rejected in Dec because of filin 1 day Earlier and had to do it again in January! Something is wrong.

[Sartre 123]

1 minute ago, Giovanna024 said:

I got rejected in Dec because of filin 1 day Earlier and had to do it again in January! Something is wrong.

Giovanna yours is a different issue.  He applied correctly within the rules, your attorney didn't use the calculator and filed one day earlier than the allowed (I assume you filed at the 2 years and 9 months period for those who are married to an American citizen.   However, what happened to you was terrible and very frustrating. 

[Yaadman20 19]

8 minutes ago, Giovanna024 said:

I got rejected in Dec because of filin 1 day Earlier and had to do it again in January! Something is wrong.

Yea, like @Sartresaid, I applied within the rules, I just wanted confirmation on if they actually suspends the case after biometrics and wait on the 3-year and 5-year to hit.

 

BTW sorry about what happened to you. I know people who got denied for filing early and I know a girl who applied for hers at 22 only to find out that her parents gained citizenship when she was a teenager so she was already a citizen. I know how frustrating it is but it's good that you got to re-file.

[Sartre 123]

2 minutes ago, Yaadman20 said:

Yea, like @Sartresaid, I applied within the rules, I just wanted confirmation on if they actually suspends the case after biometrics and wait on the 3-year and 5-year to hit.

 

BTW sorry about what happened to you. I know people who got denied for filing early and I know a girl who applied for hers at 22 only to find out that her parents gained citizenship when she was a teenager so she was already a citizen. I know how frustrating it is but it's good that you got to re-file.

Here is the rule form USCIS.  Btw, I think you will hear from them soon with an interview date depending where your USCIS field office is located.

 

E. 90-Day Early Filing Provision (INA 334)

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 3-year period of continuous residence.^[11] Although an applicant may file early and may be interviewed during that period, the applicant is not eligible for naturalization until he or she has satisfied the required 3-year period of residence. All other requirements for naturalization must be met at the time of filing.

USCIS calculates the early filing period by counting back 90 days from the day before the applicant would have first satisfied the continuous residence requirement for naturalization. For example, if the day the applicant would satisfy the 3-year continuous residence requirement for the first time is on June 10, 2010, USCIS will begin to calculate the 90-day early filing period from June 9, 2010. 

In cases where an applicant has filed early and the required 3-month period of residence in a state or service district falls within the required 3-year period of continuous residence, jurisdiction is based on the 3-month period immediately preceding the examination on the application (interview).^[12] 

 

[Amadia 711]

5 hours ago, Yaadman20 said:

That's the thing, I did apply early. I could've applied on 01/02/2020 but I applied on 01/04/2020 and did biometrics on 01/15/2020. I contacted USCIS to get some information and they said it's pretty much suspended until I hot 5-year mark on April first which I feel make no sense.

For starters, are you applying for naturalization after being married to a spouse and residing continuously in the US for 3 years? If so, what was the resident since date on your resident card? Your timeline is sparse so it is difficult for any member to truly understand why a USCIS rep would say such a thing, if not simply out of ignorance 🤷‍♀️

[Yaadman20 19]

7 hours ago, Amadia said:

For starters, are you applying for naturalization after being married to a spouse and residing continuously in the US for 3 years? If so, what was the resident since date on your resident card? Your timeline is sparse so it is difficult for any member to truly understand why a USCIS rep would say such a thing, if not simply out of ignorance 🤷‍♀️

I applied based off 5-year family sponsored greencard. I basically applied 4 years and 9 months into having it. Based on what you just said, it seems like early filing is only available for marriage based?

Also, I did get a lot of valuable information.

[Sartre 123]

That's not correct.  A person applying under the 5 year residency rule can also apply 90 days earlier than the 5 year anniversary date (5 years from the date that's on the GreenCard. Always use the USCIS calculator because leap years, etc can create an inaccurate filing date.   I think the person you spoke to at USCIS gave you incorrect information. 

 

Here are the USCIS filing rules based on time married or residency based on time:

 

 

USCIS Early Filing Calculator

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. You MUST meet all other eligibility requirements when you file.

You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your permanent residence requirement if your eligibility for naturalization is based upon being a:

• Permanent resident for at least 5 years; or
• Permanent resident for at least 3 years if you are married to a US citizen.

To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2015,” you meet the 5-year permanent resident requirement on July 4, 2020.

If you have met all other eligibility requirements, the earliest date you may apply for naturalization would be April 5, 2020, which is 90 days before July 4, 2020.

You may use the USCIS Early Filing Calculator to ensure you file your Form N-400 within the 90-day window. We will deny your form if you file more than 90 days before your anniversary date. 

 

Here is the link to the above information and calculator.

https://www.uscis.gov/forms/uscis-early-filing-calculator

[Amadia 711]

1 hour ago, Yaadman20 said:

I applied based off 5-year family sponsored greencard. I basically applied 4 years and 9 months into having it.

Okay great!

Next question, have you lived in the state you applied in for more than 3 months?

[Yaadman20 19]

2 minutes ago, Amadia said:

Okay great!

Next question, have you lived in the state you applied in for more than 3 months?

Lol yes, and I have only left the country once in 5 years for 4 days.

[Amadia 711]

1 minute ago, Yaadman20 said:

Lol yes, and I have only left the country once in 5 years for 4 days.

Perfect! Now, what's the Resident Since date on your green card?