How the 3 year rule works?

[FaithProfessoR 171]

Hi.

 

My wife conditional Green card was granted on 01/30/2020. We filed for ROC and it was extended for 24 months and haven’t heard anything yet since 11/05/2021 which is normal I guess. 
 

The question is can she file for citizenship now in January 2023 which is 3 years as a green card holder? Or do we need to wait after. 
 

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

 

I went to the link above and found this.

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.

 

Just want to know if is this the case we can submit an application as early as November 2022.

 

 

 

[Mike E 11,739]

In general yes.  

[bakphx1 789]

Yes, you can file while an I-751 is pending.

[carmel34 3,605]

Pay close attention to the N-400 requirements, and especially to the sentence in bold below.  My husband waited until three years plus one day after he arrived in the US with a CR-1 spousal visa to file the N-400, not 90 days early.  Some applicants have been denied for not satisfying the requirement to be living in marital union with the US citizen spouse for at least 3 years before the date of filing the N-400, so he waited to be safe.

 

"Although an applicant may file early according to the 90-day early filing provision, the applicant is not eligible for naturalization until he or she has reached the required 3- or 5-year period of continuous residence as an LPR. Applicants filing up to 90 days before meeting the continuous residence requirement must still meet all other requirements for naturalization at the time of filing Form N-400. For example, an applicant filing under section 319(a) of the INA must meet all other requirements as the spouse of a U.S. citizen at the time of filing.

 

General Eligibility Requirements
To be eligible for naturalization under section 319(a) of the INA, you must:

Be at least 18 when you submit Form N-400, Application for Naturalization;
Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;
Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;"

Edited September 19, 2022 by carmel34

[arken 4,197]

10 hours ago, FaithProfessoR said:

Just want to know if is this the case we can submit an application as early as November 2022.

Yes, you can file it from Nov onward. Just don't file it online on the very first eligibility day. May be a few days or a week later to be on the safe side.

[Mobius1 175]

While you can file for n400 (3 years rule) concurrently with a pending i-751, there are mixed answers from the lawyers. Their concern is that once people used to have a combo interview but its not the common case now. Since n400s are priority and i751s not important to them at all, they may conduct your n400 but wont be able to approve it until they call you again later for i-751. Only then will you get both approved.

 

A caution here is that lets say a couple in your situation ends up separating or divorcing after n400 but before I-751 interview, then the applicant is in a world of hurt. 

I-751 becomes waiver based.

n400 (3 year) gets denied.

 

The applicant then will be eligible only for n400 (5 year rule).

 

[arken 4,197]

5 hours ago, Mobius1 said:

While you can file for n400 (3 years rule) concurrently with a pending i-751, there are mixed answers from the lawyers. Their concern is that once people used to have a combo interview but its not the common case now. Since n400s are priority and i751s not important to them at all, they may conduct your n400 but wont be able to approve it until they call you again later for i-751. Only then will you get both approved.

 

Even if N400 interview occurs first, nothing to lose but only gain even if there's no combo interview. One saves the entire N400 processing time by filing for it once eligible rather than waiting for i751 approval first.

 

5 hours ago, Mobius1 said:

A caution here is that lets say a couple in your situation ends up separating or divorcing after n400 but before I-751 interview, then the applicant is in a world of hurt. 

I-751 becomes waiver based.

n400 (3 year) gets denied.

 

The applicant then will be eligible only for n400 (5 year rule)

Even if one files for N400 under 3 yr rule only after i751 approval but gets separated or divorced while it is pending, it will be denied and has to refile under 5 yr rule anyway.

I don't see a point of not filing once eligible if one is planning to become the USC.

[OldUser 6,363]

@arken a couple of thoughts:

 

1. When you have two cases pending (I-751 and N-400) and I-751 is denied, you lose N-400 fees as well as I-751 fees. If only N-400 pending, you only lose its fees, because I-751 is already approved.

2. I-751 is taking forever to be approved nowadays. By the time you're approved, you may as well qualify for filing under 5 year rule. Less docs to provide, potentially less scrutiny, not as much dependency on spouse and IO's mood.

[BananaShoes 31]

12 hours ago, arken said:

Yes, you can file it from Nov onward. Just don't file it online on the very first eligibility day. May be a few days or a week later to be on the safe side.

Why would their be a problem if you file online on the first day of eligibility?

[OldUser 6,363]

@BananaShoes some USCIS systems process dates in different ways. And your receipt date may be affected by that.

[arken 4,197]

1 hour ago, BananaShoes said:

Why would their be a problem if you file online on the first day of eligibility?

Technical glitch has created problems for several N400 filers by showing they filed one day earlier than the 90th early filing day. So until resolves that it's better to file several days later to be on the safe side.

[BananaShoes 31]

11 hours ago, arken said:

Technical glitch has created problems for several N400 filers by showing they filed one day earlier than the 90th early filing day. So until resolves that it's better to file several days later to be on the safe side.

Why several days if the possibility is that it will show that it was filed a day earlier. Why not just one day after eligibility day?

 

Also, I started my N-400 application even though I am not eligible yet, but soon, just to get ahead of things, and the website does not allow you to submit the application until your eligibility day, so you can argue it is impossible to file too early if you have your information right 

[OldUser 6,363]

@BananaShoes It's up to you when you file, we're just sharing anecdotal knowledge.