Clarification on N400 for K1 vs CR1

[Oko Vicki 57]

Good day my fellow VJers, hope we are all well and good today. 

 

So my Resident since date is 07/22, N400 calculator says my 90-day window opens today. 

 

However, I seem to remember seeing a post here last year about someone getting denied because they applied early. 

 

So my question, is the 90-day window only applicable to K1 and other I485s? 

 

I am a CR1. 

 

[OldUser 8,784]

21 minutes ago, Oko Vicki said:

Good day my fellow VJers, hope we are all well and good today. 

 

So my Resident since date is 07/22, N400 calculator says my 90-day window opens today. 

 

However, I seem to remember seeing a post here last year about someone getting denied because they applied early. 

 

So my question, is the 90-day window only applicable to K1 and other I485s? 

 

I am a CR1. 

 

You need to live with your spouse for 3 years immediately prior to filing N-400 under 3 year rule.

 

If you lived with spouse in marital union (physically, together) for 3+ years, you can apply for N-400 even if it's only been 2 years and 9 months from Resident Since date on your GC.

 

So yes, it can disqualify some CR-1 from 90 day early filing window.

 

If you lived in marital union since 07/22, you cannot file just yet. You can file at 3 year anniversary of living in marital union in 07/25.

Edited April 15 by OldUser

[Ontarkie 14,782]

Do not file right on day 90, file more like day 85. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

Edited April 16 by Ontarkie

[Oko Vicki 57]

On 4/15/2025 at 11:24 AM, OldUser said:

You need to live with your spouse for 3 years immediately prior to filing N-400 under 3 year rule.

 

If you lived with spouse in marital union (physically, together) for 3+ years, you can apply for N-400 even if it's only been 2 years and 9 months from Resident Since date on your GC.

 

So yes, it can disqualify some CR-1 from 90 day early filing window.

 

If you lived in marital union since 07/22, you cannot file just yet. You can file at 3 year anniversary of living in marital union in 07/25.

That's what I thought. Looks like the N400 calculator doesn't factor the 3yr marital union. I guess I file in July then, just to be on the safe side. 

 

Thank you OldUser. 

23 hours ago, Ontarkie said:

Do not file right on day 90, file more like day 85. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

I intend to file at least 3 days after my window opens in July. 

Edited April 16 by Ontarkie
fixed my typo

[OldUser 8,784]

2 minutes ago, Oko Vicki said:

That's what I thought. Looks like the N400 calculator doesn't factor the 3yr marital union. I guess I file in July then, just to be on the safe side. 

Yes, the calculator does not take marital union into account. I think it mentions somewhere that marital union and other things can affect eligibility to file early. 

 

I would definitely file in July if I was in your situation. 

 

Good luck!

[Oko Vicki 57]

25 minutes ago, OldUser said:

Yes, the calculator does not take marital union into account. I think it mentions somewhere that marital union and other things can affect eligibility to file early. 

 

I would definitely file in July if I was in your situation. 

 

Good luck!

July is exactly what I will do. Thank you for contribution. 

[Cw1977 126]

21 hours ago, Ontarkie said:

Do not file right on day 90, file more like day 95. The cases where you have seen the denial comes from those who file on day 90 some right at midnight some an hour or so later. Those cases denied was because of the time zones. Make it easier on yourself and wait a little bit. 

just for clarity for everyone, you mean day 85. Not 95. The days count down. So 85 days before the 3 yr period. 

[Ontarkie 14,782]

2 hours ago, Cw1977 said:

just for clarity for everyone, you mean day 85. Not 95. The days count down. So 85 days before the 3 yr period. 

Yes sorry, I'll change that up too. You would definitely be denied if you went by 95.