Filing eligibility under 3 year rule

[monwee 0]

Dear VJ family,

I'm finally ready to file N-400 and when reading the eligibility requirements, it confuses me a little bit.

It is stated that I can file N-400 at most 90 days ahead of the 3-year anniversary date of the date I obtained my greencard if married to a U.S. citizen. However, my situation is that my husband was not yet naturalized at the time my greecard is granted, he was only naturalized later on, a brief timeline:


Married: 2015 (Husband is on greencard)
Greecard obtained: Feb, 2019 (based on F2A, full 10-year validity)
Husband Naturalized: Sept 1, 2019

If I'm to use the 3-year married to U.S. citizen rule, is it correct that:

(1) I'm officially eligible to file N-400 based on 3-year married to U.S. citizen rule on Sept 1, 2022
(2) To take into account of 90 day early filing rule, I'm eligible to file on June 3, 2022

What confuses me in the wording is that USCIS early filing calculator asked me to put in my greecard anniversary date, but to my understanding of the rules, it seems that the 3 year should be counted starting from the date my husband is naturalized, thus Sept 1, 2022.

In this particular scenario, does the 90 day early filing rule still apply, but applies to the husband's naturalization anniversary instead? Or the 90 day early filing rule doesn't apply in this case, and I have to wait until Sept 1, 2022 to file based on the 3-year rule?

Thanks a lot!

[Mike E 11,745]

8 minutes ago, monwee said:

Husband Naturalized: Sept 1, 2019

The soonest you can file is September 1, 2022. The 90 day rule is not applicable to you.  
 

Also if you were not on each other’s physical presence on 2019-09-01, it is advisable to file 3 years from the date you were together 
 

 

Edited May 31, 2022 by Mike E

[monwee 0]

Thank you very much for the detailed clarification of the rules!