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90 day Early Filing N400 for CR1 Eligibility

By Utah123 in US Citizenship Case Filing and Progress Reports

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Utah123 Explorer

Utah123   30

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Hi, 

 

I came to USA on 12/2/2018 on CR1 visa. So, I'm LPR since 12/2/2018. I am eligible to file N400 within 90 days of my 3 years anniversary.
 

But my question is, it says you have to live together with your US citizen spouse for atleast 3 years prior to filing N400. And we are living together since I moved here which makes it 2 years 9 months. Will it be a problem for early filing as we live together for 2 years 9 months amd not complete 3 years? 
 

pushbrk Grand Master

pushbrk   13,172

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1 hour ago, Utah123 said:

Hi, 

 

I came to USA on 12/2/2018 on CR1 visa. So, I'm LPR since 12/2/2018. I am eligible to file N400 within 90 days of my 3 years anniversary.
 

But my question is, it says you have to live together with your US citizen spouse for atleast 3 years prior to filing N400. And we are living together since I moved here which makes it 2 years 9 months. Will it be a problem for early filing as we live together for 2 years 9 months amd not complete 3 years? 
 

You qualify.  What are you reading, exactly, that gives you the impression you must live together with your spouse 3 years?  I suspect you are misinterpreting.  

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Utah123 Explorer

Utah123   30

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4 hours ago, pushbrk said:

You qualify.  What are you reading, exactly, that gives you the impression you must live together with your spouse 3 years?  I suspect you are misinterpreting.  

Here it is,  PART 1. Sec B. 'In addition, you have been married to and LIVING with the same US citizen spouse for the last 3 year'. 
 

I mean we are married for over 4 years but didn't start living together until I got here on Dec 2, 2018 which makes it 2 years and 9 months.074B031A-E414-4BB7-BC83-D733F176B955.jpeg.ed8ff308cd7a46e085a8063e30a2589f.jpeg074B031A-E414-4BB7-BC83-D733F176B955.jpeg.ed8ff308cd7a46e085a8063e30a2589f.jpeg

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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You can file.

The whole point of up to 90 days early filing is you have fulfilled the requirements at the time of filing.

 

Read Early Filing in the instructions.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Utah123 Explorer

Utah123   30

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1 hour ago, arken said:

You can file.

The whole point of up to 90 days early filing is you have fulfilled the requirements at the time of filing.

 

Read Early Filing in the instructions.

Yes but that early filing is based on 3 years of permanent residency. However, it says we must be living with US citizen spouse for the  last 3 years. However, we have lived together for only 2 years and 9 months? 

PedroDaGr8 Collaborator

PedroDaGr8   245

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Filed: Citizen (apr) Country: Vietnam
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36 minutes ago, Utah123 said:

Yes but that early filing is based on 3 years of permanent residency. However, it says we must be living with US citizen spouse for the  last 3 years. However, we have lived together for only 2 years and 9 months? 

They will not adjudicate your application until after your 3 year date actual date so this is not an issue. The just allows you to get the paperwork in early and get it queued up for processing. I know USCIS is notorious for gotcha's like this but this is not one of them.

Edited by PedroDaGr8

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

Marieke H Proficient

Marieke H   2,524

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
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Posted
53 minutes ago, Utah123 said:

Yes but that early filing is based on 3 years of permanent residency. However, it says we must be living with US citizen spouse for the  last 3 years. However, we have lived together for only 2 years and 9 months? 

Did you actually read the early filing instructions @arken referred to? Download the N-400 instructions, and read "early filing" on page 4.

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted
1 hour ago, Utah123 said:

However, it says we must be living with US citizen spouse for the  last 3 years.

The section you are quoting also says "have been permanent resident for at least 3 years". 90 days early filing is for people who would be LPR for 3 years and living with usc spouse for 3 years by their 3rd Gc anniversary.
you can file, it's your choice whether to file early or not.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Utah123 Explorer

Utah123   30

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1 hour ago, arken said:

The section you are quoting also says "have been permanent resident for at least 3 years". 90 days early filing is for people who would be LPR for 3 years and living with usc spouse for 3 years by their 3rd Gc anniversary.
you can file, it's your choice whether to file early or not.

Oh okay. So 3 years of living together is by end of 3 year anniversary of permanent residency.

 
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