When is the earliest I can apply for Citizenship N400 Application?

[From_CAN_2_US 1,106]

My spouse is a US Citizen (from birth) and I was granted a green card through consular processing (CR1). I arrived in the US on Feb 12 2022 and moved in with my husband. I never lived in the US before, nor did my husband and I ever live together before I moved to the US, although we visited each other often between 2018 and the time of my move (I lived in Canada, my husband in the US).

 

1. So as I understand it, even though there is a provision for early filing of 90 days before 3 year mark, since I would only complete 3 years of living together with my husband, the earliest I can apply for citizenship is Feb 12 2025. Is this correct?

 

2. There is one additional complication. Since Feb 12 2022, my husband and I have lived together in the same residence, and have not been apart for more than a few hours, except for one period of about 4 months when I had to travel to India and care for my mother as she was undergoing cancer treatment. This was between Aug 19 2022 and Dec 12 2022. Does this period count as a break in marital union? We remained a married couple. I maintained by residential address in US (I stayed in a hotel with my mom by the hospital). We were separated due to extenuating circumstances. Would this be seen as break in marital union resulting in my eligibility to apply for citizenship to be pushed to Dec 12 2025?

[OldUser 6,981]

6 minutes ago, From_CAN_2_US said:

My spouse is a US Citizen (from birth) and I was granted a green card through consular processing (CR1). I arrived in the US on Feb 12 2022 and moved in with my husband. I never lived in the US before, nor did my husband and I ever live together before I moved to the US, although we visited each other often between 2018 and the time of my move (I lived in Canada, my husband in the US).

 

1. So as I understand it, even though there is a provision for early filing of 90 days before 3 year mark, since I would only complete 3 years of living together with my husband, the earliest I can apply for citizenship is Feb 12 2025. Is this correct?

 

 

No, you could file within 90 days window prior to Feb 12 2025. Don't apply on the first day when the window opens to be safe. However, you had point #2 which can affect the filing date.

 

8 minutes ago, From_CAN_2_US said:

2. There is one additional complication. Since Feb 12 2022, my husband and I have lived together in the same residence, and have not been apart for more than a few hours, except for one period of about 4 months when I had to travel to India and care for my mother as she was undergoing cancer treatment. This was between Aug 19 2022 and Dec 12 2022. Does this period count as a break in marital union? We remained a married couple. I maintained by residential address in US (I stayed in a hotel with my mom by the hospital). We were separated due to extenuating circumstances. Would this be seen as break in marital union resulting in my eligibility to apply for citizenship to be pushed to Dec 12 2025?

I'm sorry about your mother's condition. Technically yes, a strict officer may deny N-400 based on broken marital union. If you want to be bullet proof, apply in December 2025.

 

However, if you feel like trying your luck, you can apply in February 2025. You may lose the filing fee, but that's all. You can always reapply. Your GC is safe as you didn't spend over 6 months overseas and didn't break residence.

[Crazy Cat 41,984]

14 minutes ago, From_CAN_2_US said:

My spouse is a US Citizen (from birth) and I was granted a green card through consular processing (CR1). I arrived in the US on Feb 12 2022 and moved in with my husband. I never lived in the US before, nor did my husband and I ever live together before I moved to the US, although we visited each other often between 2018 and the time of my move (I lived in Canada, my husband in the US).

 

1. So as I understand it, even though there is a provision for early filing of 90 days before 3 year mark, since I would only complete 3 years of living together with my husband, the earliest I can apply for citizenship is Feb 12 2025. Is this correct?

 

2. There is one additional complication. Since Feb 12 2022, my husband and I have lived together in the same residence, and have not been apart for more than a few hours, except for one period of about 4 months when I had to travel to India and care for my mother as she was undergoing cancer treatment. This was between Aug 19 2022 and Dec 12 2022. Does this period count as a break in marital union? We remained a married couple. I maintained by residential address in US (I stayed in a hotel with my mom by the hospital). We were separated due to extenuating circumstances. Would this be seen as break in marital union resulting in my eligibility to apply for citizenship to be pushed to Dec 12 2025?

You can file as of 11 / 14 / 2024.  I would wait a couple days after that.

Edited February 21 by Crazy Cat

[From_CAN_2_US 1,106]

16 minutes ago, OldUser said:

No, you could file within 90 days window prior to Feb 12 2025. Don't apply on the first day when the window opens to be safe. However, you had point #2 which can affect the filing date.

Really? I came across this post yesterday where someone was denied for filing within the 90 day period, but not

https://www.visajourney.com/forums/topic/781869-n400-case-denied-for-3-years-marital-union-after-evidence-submitted/ 

From this it looks like the early filing allows 90 fewer days of being an LPR, but you still have to satisfy 3 years of living together with your USC spouse.

 

18 minutes ago, OldUser said:

I'm sorry about your mother's condition. Technically yes, a strict officer may deny N-400 based on broken marital union. If you want to be bullet proof, apply in December 2025.

 

However, if you feel like trying your luck, you can apply in February 2025. You may lose the filing fee, but that's all. You can always reapply. Your GC is safe as you didn't spend over 6 months overseas and didn't break residence.

Thanks for your kind words. I think I lean towards waiting in that case. I don't really have an urgency to become a US Citizen. Only minor reason is there are a number of jobs I could apply to that requires US citizenship, but I guess it can wait.

[OldUser 6,981]

1 hour ago, From_CAN_2_US said:

Really? I came across this post yesterday where someone was denied for filing within the 90 day period, but not

https://www.visajourney.com/forums/topic/781869-n400-case-denied-for-3-years-marital-union-after-evidence-submitted/ 

From this it looks like the early filing allows 90 fewer days of being an LPR, but you still have to satisfy 3 years of living together with your USC spouse.

 

Thanks for your kind words. I think I lean towards waiting in that case. I don't really have an urgency to become a US Citizen. Only minor reason is there are a number of jobs I could apply to that requires US citizenship, but I guess it can wait.

I remember that thread. The case was more complex than yours. To be 100% safe you can file on 3 year anniversary of coming back from 4 months break.

[carmel34 3,646]

13 hours ago, From_CAN_2_US said:

From this it looks like the early filing allows 90 fewer days of being an LPR, but you still have to satisfy 3 years of living together with your USC spouse.

My husband waited until three years since LPR and living together before filing to avoid any problems during the N-400 process.  Many file at the 90 days before 3 year mark and are just fine, even though they had not been living together as a married couple for 3 years on the date of filing.  We chose not to take a chance just to make sure. 

[powerpuff 6,744]

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