When to file

[franklocks 0]

Hi Folks,

I married in June, 2005 in my homeland and got my conditional resident here in the US in May, 2007. Currently, i have been approved for the 10-yr GC. When am I qualified to apply for naturalization?

Your usual contributions are highly welcome.

[csoul 0]

I posted a similar question here: http://www.visajourney.com/forums/index.php?showtopic=201292

According with this website ( http://www.fwhonglaw.com/eng/areas/imm/IV_...bligations.htm) you may apply for naturalization 3 months before becoming eligible. I am just waiting for confirmation of that in my post with the VJs experts!

If that is correct you may apply on Feb 2010 (depending on the exact day of your first GC) but if you want to be 100% sure then just apply anytime after MAY/XX/2010 (XX=day on your first GC)

Good luck.

[franklocks 0]

Hi Csoul,

Thanx for the info. Hey, once u are in CSC, be rest assured u will be approved soon. Good luck.

I posted a similar question here: http://www.visajourney.com/forums/index.php?showtopic=201292

According with this website ( http://www.fwhonglaw.com/eng/areas/imm/IV_...bligations.htm) you may apply for naturalization 3 months before becoming eligible. I am just waiting for confirmation of that in my post with the VJs experts!

If that is correct you may apply on Feb 2010 (depending on the exact day of your first GC) but if you want to be 100% sure then just apply anytime after MAY/XX/2010 (XX=day on your first GC)

Good luck.

[csoul 0]

Everybody answered to my post that is not 3 months before becoming elegible the real number is 90 days... Another user recommend me to wait until 80 days window to be sure and that way you application is not going to be returned.

Good luck.

Edited June 8, 2009 by csoul

[maika tereza 0]

IMMIGRATION AND NATIONALITY ACT

INA: ACT 319 - MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS

(a) Person whose spouse is a citizen of the United States, or person who obtained status as a lawful permanent resident by reason of her status as a spouse of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a)*. if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

I THINK THERE IS NO REASON TO WAIT EXACTLY FULL 3 YEAR OF MARRIAGE. YOU CAN APPLY 90 DAYS PRIOR TO YOUR 3 YEAR ANNIVERSARY OF THE ISSUANCE OF YOUR FIRST GREEN CARD

* INA: ACT 316 - REQUIERMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE DISPOSITION TO THE UNITED STATES

a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is 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.

[lucyrich 20]

I THINK THERE IS NO REASON TO WAIT EXACTLY FULL 3 YEAR OF MARRIAGE. YOU CAN APPLY 90 DAYS PRIOR TO YOUR 3 YEAR ANNIVERSARY OF THE ISSUANCE OF YOUR FIRST GREEN CARD

There's a very good reason to wait until at least 3 full years of marriage. You can only file 90 days prior to the three year anniversary of filing the green card if, on the date you file, you have already been married to and living with your US Citizen spouse for a full three years. To see this explained in plain English, see the box at the bottom of page 22 of the M-476:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

If you want to know the reason in the law, note that INA 319 (a) requires that the applicant during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, and it gives no shortcut on this 3 full years of living in marital union. The 90 day shortcut regulation is found in 8 CFR 334.2 (b), but that regulation only gives a shortcut for the required period of continuous residence.

[Ladylethal 12]

Please never confuse 90 days with 3 months guys, 90 days is NOT equal to 3 months and I've seen people have their petition rejected by going by the 3 months rule.

[Immigrant2009 0]

Thanks to all who answered. It will help a lot of future N-400 filers.

[internetkafe 0]

I THINK THERE IS NO REASON TO WAIT EXACTLY FULL 3 YEAR OF MARRIAGE. YOU CAN APPLY 90 DAYS PRIOR TO YOUR 3 YEAR ANNIVERSARY OF THE ISSUANCE OF YOUR FIRST GREEN CARD

There's a very good reason to wait until at least 3 full years of marriage. You can only file 90 days prior to the three year anniversary of filing the green card if, on the date you file, you have already been married to and living with your US Citizen spouse for a full three years. To see this explained in plain English, see the box at the bottom of page 22 of the M-476:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.

If you want to know the reason in the law, note that INA 319 (a) requires that the applicant during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, and it gives no shortcut on this 3 full years of living in marital union. The 90 day shortcut regulation is found in 8 CFR 334.2 (B), but that regulation only gives a shortcut for the required period of continuous residence.

So? Is this a clarification? What is it in plain English?

3 years continuous residence & being married AFTER becoming a resident MINUS 90 days (33 MONTHS)= You can apply for naturalization. Os that right or not?