Citizenship Filing

[Wubzywub 0]

My wife got her greencard thru me on a fiancee visa on 7/19/2006. I take that you can file up to 90 days before you meet your "continuous residence" requirement.

What if she files a tad early like this week?. Making it 105 days instead of 90. Will USCIS reject her application? Has anyone filed earlier than 90 days?

Thanks

[cookiee 0]

Your wife can apply for citizenship by 4/19/2009

why you risking to get rejected ? Just file on time..Not early

[Wubzywub 0]

I know what the rules are. Looking for a second opinion. Has anyone actually filed earlier than before the 90 days? Did USCIS reject your application? Or did they just hold on to it for a while?

[YuAndDan 153]

I have seen posts where USCIS rejects it even when filed 91 days prior to the date. WAIT!!!

[Italian_in_NYC 259]

I know what the rules are. Looking for a second opinion. Has anyone actually filed earlier than before the 90 days? Did USCIS reject your application? Or did they just hold on to it for a while?

My opinion is that within 90 days means 90 days or less.

105>90, therefore your application will be rejected.

Why would you even want to send your application in 15 days earlier?!?!?

[lucyrich 20]

I have seen posts where USCIS rejects it even when filed 91 days prior to the date. WAIT!!!

Yep.

Those dates aren't soft. They do their best to eliminate the grey areas. They don't say "you were almost eligible, so we'll let you squeak by", nor do they say "you were almost ineligible, so we're going to deny you". They draw a firm clear line in the sand, and it's to your advantage to make sure you're on the correct side of the line.

Keep in mind that 90 days isn't the same as 3 months. If you file 3 months before meeting the continuous residence requirement, and two of those months have 31 days while the other one has 30, then you'll be 92 days early and your application will be denied.

[jasminelily 1]

I know what the rules are. Looking for a second opinion. Has anyone actually filed earlier than before the 90 days? Did USCIS reject your application? Or did they just hold on to it for a while?

My opinion is that within 90 days means 90 days or less.

105>90, therefore your application will be rejected.

Why would you even want to send your application in 15 days earlier?!?!?

Not only would they "reject" you. The correct term here should be they would "deny" you. "Reject" meaning they would just mail back the whole package to you like nothing happened. "Deny" meaning they would cash the check, keep the packet that you mailed, and just simply send you a denial notice due to ineligible and residence requirement not met. That would be the easiest case for them to make a decision on and the application fee is not refundable. So don't file until you reach the 90 day window, not even a day early. I mean you could mail it on the 91 day before, then it would get there right on the 90 days start if you fedex overnight, that's the earliest you can do. You could try file earlier than that if you have money to waste, and please don't forget to come back and let us know what happened.

Edited March 23, 2009 by jasminelily

[queendlee 0]

if they get it early, they will cash your check and deny your application, even one day early

[manty 0]

I know what the rules are. Looking for a second opinion.

Exactly what are you looking for a second opinion on? Whether 105 is the same as 90? It's not as if you're asking for an interpretation of an obscure, unsettled area of immigration law. You're asking a first grade math question with a "right" and "wrong" answer. Opinions have nothing to do with this.

[Wubzywub 0]

I know what the rules are. Looking for a second opinion.

Exactly what are you looking for a second opinion on? Whether 105 is the same as 90? It's not as if you're asking for an interpretation of an obscure, unsettled area of immigration law. You're asking a first grade math question with a "right" and "wrong" answer. Opinions have nothing to do with this.

I know what the rules are ok... I looking for some who actually submitted ealier and was denied.. and obviously none of you who replied had this happen to you.. SO all of you are just making an assumption.

But I'm going with your all you advices and not Fedex'n her application until the day before the 90th day. Hopefully the center processes it right away and don't hold it for 15 days until the get the frist NOA out.

Thanks

[Italian_in_NYC 259]

But I'm going with your all you advices and not Fedex'n her application until the day before the 90th day. Hopefully the center processes it right away and don't hold it for 15 days until the get the frist NOA out.

Thanks

I would suggest you even wait another 2-3 days, just in case they miscalculate.

It's not going to make any difference at the end.

[cookiee 0]

I would suggest you even wait another 2-3 days, just in case they miscalculate.

It's not going to make any difference at the end.

yes exactly..

actually i don't get his hurry.. what is going to change in his life 2 days later or earlier ?

[Italian_in_NYC 259]

I looking for some who actually submitted ealier and was denied.. and obviously none of you who replied had this happen to you.. SO all of you are just making an assumption.

Why don't you take one for the whole team and go ahead and file 105 days earlier and then share your experience?

[jasminelily 1]

I would suggest you even wait another 2-3 days, just in case they miscalculate.

It's not going to make any difference at the end.

yes exactly..

actually i don't get his hurry.. what is going to change in his life 2 days later or earlier ?

Perhaps the marriage is having HUGE problem (you know what I meant), and the couple can't stand each other for another 15 days, just can't wait to get a divorce right after the citizenship is in hand.

cookiee and Italian_in_NYC: Let's not waste our time here!

[manty 0]

I know what the rules are ok... I looking for some who actually submitted ealier and was denied.. and obviously none of you who replied had this happen to you.. SO all of you are just making an assumption.

But I'm going with your all you advices and not Fedex'n her application until the day before the 90th day. Hopefully the center processes it right away and don't hold it for 15 days until the get the frist NOA out.

Thanks

If you know the rules, then follow them and stop asking stupid questions.

What else do you want to know? Whether you actually have to be married, or can you just be girlfriend and boyfriend for three years? Or can you file your N-400 based on the fact that you've owned a dog that was born in the US for the past three years? I mean, I'm sure that nobody here has tried to bend those rules either, but common sense tells us that the outcome wouldn't be good.

Something sounds odd here. While many people post and ask what happens if they file a couple of days early because of a miscalculation in their dates, you're actually trying to play the system and deliberately file incredibly early. Here’s what I think is going on – your wife has committed some form of crime and she’s trying to get through this process as quick as possible because if she is arrested prior to becoming a citizen, she’ll be denied citizenship and will end up being deported. You seem just a little too keen on getting through the process as quickly as possible, and typically there’s a reason for people wanting to do that. And typically, that reason is to make sure that something they’ve done won’t have immigration-related consequences.

(Oh, and if you bothered to search the internet - use the terms "N-400" and "early" - you'll find countless tales of people's applications being denied for early filing of even a day or two.)