Filing under 3 year rule- Questions (Merged)

[Gdhusa18 26]

Hi,

 

I have been married since 2016 and got my GC in 2019. My husband got his citizenship in  Dec 2020. Can I apply in Sept using the 90 day early filing, or do I have to wait for the 3 year mark in Dec. 

 

Thanks

 

Edited September 12, 2023 by Crazy Cat

[Mike E 11,739]

4 minutes ago, Gdhusa18 said:

do I have to wait for the 3 year mark in Dec. 

That one.

[Crazy Cat 41,469]

14 minutes ago, Gdhusa18 said:

Hi,

 

I have been married since 2016 and got my GC in 2019. My husband got his citizenship in  Dec 2020. Can I apply in Sept using the 90 day early filing, or do I have to wait for the 3 year mark in Dec. 

 

Thanks

 

I agree with @Mike E

I am Married to a U.S. Citizen | USCIS

 

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;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;
• Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.

For more information, see the USCIS Policy Manual, Volume 12, Citizenship and Naturalization.

Edited September 10, 2023 by Crazy Cat

[mniceguy16 185]

10 minutes ago, Gdhusa18 said:

Hi,

 

I have been married since 2016 and got my GC in 2019. My husband got his citizenship in  Dec 2020. Can I apply in Sept using the 90 day early filing, or do I have to wait for the 3 year mark in Dec. 

 

Thanks

I believe one of the questions when you will are filing goes as "has your spouse been a USA citizen for at least 3 years? So I am guessing it is safer to be patient and wait till his full 3 years of citizenship.

[Gdhusa18 26]

Thanks for the fast responses. I am glad I got this guidance, coz two of the lawyers I spoke to told me I can apply 90 days early. I guess they have not handled cases like this before. I will play it safe and apply in Dec. 

 

 

[Mike E 11,739]

30 minutes ago, Gdhusa18 said:

coz two of the lawyers I spoke to told me I can apply 90 days early

Lol

 

30 minutes ago, Gdhusa18 said:

I guess they have not handled cases like this before.

Experience does matter with complex cases. A lawyer wiith decades of experience either blew it on such a case, had  DIY client who blew it, or heard of a colleague who blew it.

 

Was your spouse your petitioner for your GC?

 

30 minutes ago, Gdhusa18 said:

I will play it safe and apply in Dec. 

Visit this tool:  https://www.uscis.gov/citizenship-resource-center/learn-about-citizenship/naturalization-eligibility any time you think you are eligible to verify if you are eligible. 
 

In addition of your “resident since date” on your GC was incorrect, use the correct date when using the above tool.

 

Finally, if on or before the date of your N-400 interview, you reach your 5 year anniversary as an LPR, request to amend your N-400 to the 5 year rule so that your case uses simpler adjudication. 
 

[Gdhusa18 26]

Yes, my spouse was the petitioner for my GC. 

 

Thanks for the tool and good to know I can change from 3 year to 5 year after filing. 

[Mike E 11,739]

1 hour ago, Gdhusa18 said:

Yes, my spouse was the petitioner for my GC. 

Good. Less chance an inexperienced ISO denies your case.

[Rocio0010 5,579]

How did your spouse get his green card?

[Gdhusa18 26]

35 minutes ago, Rocio0010 said:

How did your spouse get his green card?

Through work applying for him 

[Gdhusa18 26]

I just had a consultation with a lawyer in my area and he said I don't qualify for applying using the 3 year rule. He said since I got my green card through my spouse, and he was not a citizen at that time, so the green card I have doesn't qualify for 3 year spouse based application. Was I reading the instructions incorrectly? 

 

 

[Mike E 11,739]

2 minutes ago, Gdhusa18 said:

I just had a consultation with a lawyer in my area and he said I don't qualify for applying using the 3 year rule.

Report him to the state bar.

 

2 minutes ago, Gdhusa18 said:

He said since I got my green card through my spouse, and he was not a citizen at that time, so the green card I have doesn't qualify for 3 year spouse based application.

He is wrong. He is in good company, so many lawyers are. 

2 minutes ago, Gdhusa18 said:

Was I reading the instructions incorrectly? 

You have been instructed correctly by each contributor.

 

It is truly sad that so many lawyers get basic issues of immigration law wrong. One wonders what use they would be when an N-400 interview goes off the rails.

[Crazy Cat 41,469]

1 minute ago, Mike E said:

Report him to the state bar.

 

He is wrong. He is in good company, so many lawyers are. 

You have been instructed correctly by each contributor.

 

It is truly sad that so many lawyers get basic issues of immigration law wrong. One wonders what use they would be when an N-400 interview goes off the rails.

Yep.  I don't that attorney interpreted this correctly.  Seems to me the OP will qualify to file in December.

 

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;
• Have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence;
• Have continuous residence in the United States as a lawful permanent resident for at least three years immediately before the date you file your application;
• Reside continuously within the United States from the date you filed your application until the date you naturalize;
• Be physically present in the United States for at least 18 months out of the three years immediately before the date you file your application;
• Be able to read, write and speak English and have knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States (also known as civics); and
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States for at least three years immediately before the date you file Form N-400 and until you take the Oath of Allegiance.

[Gdhusa18 26]

Thanks @Mike E @Crazy Cat. Appreciate the info and calming my nerves. 

[Gdhusa18 26]

Hi,

 

I got my PR in June 2019, and my husband has been a US citizen since Dec 2020. I am planning on applying for marriage based naturalization in Dec this year. In the last 5 years I have 338 days outside the US, and in the last 3 years I have 294 days outside the US. During the pandemic we took a trip to help our aging parents from Oct 3rd to March 20th 2021 (167 days), and another trip from March 26 2021 to July 9th 2021 (104 days). One month prior to the first trip, we moved to our brother's house and continued to use that house until July 28th when we decided to move from the east coast to the west coast. My husband continued to work for his US based company during this time (we didn't intend to leave the US and was going to move when pandemic situation was ok and our parents were safe), and was on payroll with my brother's address. I was unemployed looking after our kids. 

 

Physical location:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - March 20 2022: Parents place (outside of US)

March 20 2022 - March 26 2022: Brother's place

March 26 2022 - July 9th 2022: Parents place (outside of US)

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

Should I put my east coast address for this whole duration, or should I put my parents address outside the US for those two trips? I have listed the options I have below:

 

"Information About Your Residence" Option 1:

2018-Aug 31 2021: East Coast

Aug 31 2021 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

"Information About Your Residence" Option 2:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - March 20 2022: Parents place (outside of US)

March 20 2022 - March 26 2022: Brother's place

March 26 2022 - July 9th 2022: Parents place (outside of US)

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

"Information About Your Residence" Option 3:

2018-Aug 31 2021: East Coast

Aug 31 2021 - Sept 30 2021: Brother's place in east coast

Oct 1 2021 - July 9th 2022: Parents place (outside of US) --- This will be more than 6 months

July 9th 2022 - July 28th 2022: Brother's place

July 28th 2022 - present: West Coast

 

Thanks

 

Edited September 12, 2023 by Gdhusa18