N400 under 3 year rule question

[Thunderbolt 172]

Hello,

 

My wife came to US on K-1 in February 2019. She got her 2 year GC in September 2019. This year her GC expired, but about 4 weeks before we've got extension letter for 24 months.

Originally we were thinking that she will file for her citizenship after 5 years of having GC. Now I did some reading and she's eligible to file N400 under 3 year rule of being married to citizen. Can we actually do the N400 application if she still doesn't have her 10 year GC? Are there any side effects? Can we do it now? 

 

Thanks

[Thunderbolt 172]

I just looked at her GC because she has 2y GC and it's been 3 years since she came (almost 4 years in 7 weeks). 
I see that on her GC says Resident Since: September 2020 - Now I remember that first in 2019 she got work permit (delays because of the covid). 

In general, looking at the dates on her GC, she's not eligible to file under 3 year rule? Does it count from the actual date on the GC? 

[Chancy 6,241]

1 minute ago, Thunderbolt said:

looking at the dates on her GC, she's not eligible to file under 3 year rule? Does it count from the actual date on the GC?

 

Yes, from the "Resident Since" date on the GC.  She may apply under the 3-year rule if she has been an LPR for 3 years AND married to a USC for those 3 years.

 

[Thunderbolt 172]

Ok, so we still have 9 months to go before we can apply

[Chancy 6,241]

2 minutes ago, Thunderbolt said:

Ok, so we still have 9 months to go before we can apply

 

She may file starting from 90 days before her 3rd anniversary as LPR -- https://www.uscis.gov/forms/uscis-early-filing-calculator

 

[SalishSea 17,818]

1 hour ago, Thunderbolt said:

Hello,

 

My wife came to US on K-1 in February 2019. She got her 2 year GC in September 2019. This year her GC expired, but about 4 weeks before we've got extension letter for 24 months.

Originally we were thinking that she will file for her citizenship after 5 years of having GC. Now I did some reading and she's eligible to file N400 under 3 year rule of being married to citizen. Can we actually do the N400 application if she still doesn't have her 10 year GC? Are there any side effects? Can we do it now? 

 

Thanks

Have you filed to remove conditions?

[Thunderbolt 172]

2 hours ago, Jorgedig said:

Have you filed to remove conditions?

Yes. We did, but looking at the timelines it will take at least another 10-12 months before she gets her 10y GC.

 

Case Was Updated To Show Fingerprints Were Taken
As of June 28, 2022, fingerprints relating to your Form I-751, Petition to Remove Conditions on Residence, Receipt Number abc123, have been applied to your case.

[nastra30 2,284]

Bottomline. Yes she can file naturalization based on 3 year rule even with a pending filed I-751.

She can file N400 three years from resident since date on GC (and file early 3 years minus 90 days). All the best.