Proof for living with your US Citizen spouse (n400) - does date of arrival suffice, or date of addition to lease?

[RedRike 1]

Hello fellow VJers,

My wife will be applying for her citizenship (via n-400) based on 3 years of marriage to a US citizen. Start Date of her PR: 9/14/18, Filing eligibility date for citizenship: 9/14/21. I read this fantastic post from @lucyrich which indicates that someone who came to the US on CR1(conditional green card) cannot use the 90 day filing option as they wouldn't have satisfied the second condition below:

 *You must have held a green card and been residing in the US for three years (a 90 day shortcut is allowed on this point ONLY)

* You must have been married to and living with your US Citizen spouse for a full three years.

* Your spouse must have been a US Citizen for a full three years.

 

A quick follow up question to this: although my wife started living with me right on 9/14/18 (and being technically eligible to apply as of 9/14/21), the earliest lease adjustment I could get was for 11/15/18 (to show we are living together). Assuming I can't change this date, I wanted to check if it is still ok to apply right now or do I need to wait till 11/15/21, since I technically can't "prove" that we have been living together for 3 years until this date.

 

Thanks a lot in advance. This forum is a life saver. Good luck on your applications!

[Crazy Cat 42,033]

1 hour ago, RedRike said:

which indicates that someone who came to the US on CR1(conditional green card) cannot use the 90 day filing option as they wouldn't have satisfied the second condition below:

A CR-1 entrant CAN use the 90 day filing window.   I assume you know that user has not been active here in 7 years.

Edited September 26, 2021 by Crazy Cat

[JeanneAdil 6,606]

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.

 

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

[Crazy Cat 42,033]

30 minutes ago, JeanneAdil said:

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.

 

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

EXCELLENT point and reference!!!!!   

Edited September 26, 2021 by Crazy Cat

[Letspaintcookies 2,310]

OPs problem is that he thinks he has to proof that they're living together from day one with a lease or something alike and since he doesn't have that he thinks he has to wait till 90 days before the date on a proof of living together ( lease ).

OP don't worry about that. They don't mean it that literally 😊 yes you have to live together but USCIS doesn't need a lease with her name on it on the day she moved here. 

If you feel uneasy about it you can always address the 'issue' in the cover letter but I personally wouldn't bother.

Edited September 26, 2021 by Letspaintcookies

[carmel34 3,650]

Hopefully you have other evidence of bona fide marriage, since the date of marriage, such as joint IRS tax transcripts, joint bank account and credit card statements, utility bills, joint insurance, etc. to submit.

[RedRike 1]

Thanks a lot @Crazy Cat. Good to know about the 90 day filing window. @Jeanne Adil thank you for the link! I have seen this before and read similar related posts, but couldn't quite find whether they needed documentation proof of us living together for the entire 3 year period. @Letspaintcookies, yes this was exactly my concern, thank you very much for clarifying this! I just didn't want to be in a situation where they rejected the application because we couldn't "prove" our stay to the date in question. @carmel34, yes I have all the evidence ready, it was mainly a question of whether the timing was right, thank you!

 

Thank you all for the help! I really appreciate it. And good luck on your applications!