Is that true? That I can apply for naturalization 3 months before becoming elegible?

[csoul 0]

Hello guys,

I was searching online for some news about USCIS and I found this website that show the following:

" If you are married to a U.S. citizen and live with that citizen continuously for 3 years as an LPR, you are eligible to apply for naturalization. You may apply for naturalization 3 months before becoming eligible"

http://www.fwhonglaw.com/eng/areas/imm/IV_...obligations.htm

Is that true? (that I can apply 3 months before becoming elegible)

Thank you.

[csoul 0]

I was looking in the Official USCIS Guide for Naturalization and I can't find anything there about the "3 months before becoming elegible" so please any advice will be awesome!

[NickD 202]

I was looking in the Official USCIS Guide for Naturalization and I can't find anything there about the "3 months before becoming elegible" so please any advice will be awesome!

It's not three months but 90 days, counting backwards from the third anniversary date on your LPR or green card, counting that day as day one. Some officer's have returned your application if sent just one day early. In theory at least, should be one year after you submitted your I-751, watch out for leap years. It's the signed date at the end of the form they look at and all days are related to that signed date, that should be 90 days counting the day before your third anniversary date.

Our day fell on a Sunday, could have mailed it off Saturday, but why risk it? So mailed it off the following Monday. Getting USC is not critical at all where you are playing with a couple of days like the I-751 that is required to be here legally. We were fortunate in that last year a major election was held, so it went through quick with plenty of pressure from congress on the USCIS to quit playing around. This year may not be as good, no major elections, all politics in this.

[warlord 72]

I was looking in the Official USCIS Guide for Naturalization and I can't find anything there about the "3 months before becoming elegible" so please any advice will be awesome!

It's not three months but 90 days, counting backwards from the third anniversary date on your LPR or green card, counting that day as day one. Some officer's have returned your application if sent just one day early. In theory at least, should be one year after you submitted your I-751, watch out for leap years. It's the signed date at the end of the form they look at and all days are related to that signed date, that should be 90 days counting the day before your third anniversary date.

Our day fell on a Sunday, could have mailed it off Saturday, but why risk it? So mailed it off the following Monday. Getting USC is not critical at all where you are playing with a couple of days like the I-751 that is required to be here legally. We were fortunate in that last year a major election was held, so it went through quick with plenty of pressure from congress on the USCIS to quit playing around. This year may not be as good, no major elections, all politics in this.

I waited an extra week and did it around at 80 days just to make sure they didn't get it too soon. Most people will wait a few days as mentioned people have been returned for mailing it too early even on the day of and getting rejected.

And yes it's not 3 months. Each month has a different number of days in it, so you need to take note of if it's got 30 or 31 or in Feb 28, 29 etc...

[csoul 0]

Thank you NickD

[lucyrich 20]

I was looking in the Official USCIS Guide for Naturalization and I can't find anything there about the "3 months before becoming elegible" so please any advice will be awesome!

You've already got the correct information, but just in case you're wanting an official source, read the box at the bottom of page 22 of the M-476.

And it's not exactly "three months before becoming eligible", nor even "90 days before becoming eligible". It's "90 days before meeting the continuous residency requirement". The continuous residency requirement is the only requirement that you get a shortcut on. You must meet all the other requirements on the date of filing.

[csoul 0]

Thank you guys,

Now everything is clear now for me.

[internetkafe 0]

No, nothing is clear, especially the poster before you made it an Italian Wedding Soup.

3 years as a PR or 3 years as a PR MINUS 90 days?

Which one?

[lucyrich 20]

No, nothing is clear, especially the poster before you made it an Italian Wedding Soup.

3 years as a PR or 3 years as a PR MINUS 90 days?

Which one?

Sometimes one, sometimes the other, and sometimes longer.

If you want to make it simple and choose one or the other of the choices you give, you'll be wrong for many people. Sorry, that's not me who made it complex, it's Congress.

For us, it was three full years as a PR. For many couples, it will be three years less 90 days.

IF and only if you meet all the other requirements, then it could be as early as 3 years as a PR minus 90 days.

Otherwise, it'll be whenever you meet all the other requirements. See the M-476. It's all clearly explained there.

[internetkafe 0]

No, nothing is clear, especially the poster before you made it an Italian Wedding Soup.

3 years as a PR or 3 years as a PR MINUS 90 days?

Which one?

Sometimes one, sometimes the other, and sometimes longer.

If you want to make it simple and choose one or the other of the choices you give, you'll be wrong for many people. Sorry, that's not me who made it complex, it's Congress.

For us, it was three full years as a PR. For many couples, it will be three years less 90 days.

IF and only if you meet all the other requirements, then it could be as early as 3 years as a PR minus 90 days.

Otherwise, it'll be whenever you meet all the other requirements. See the M-476. It's all clearly explained there.

Lucyrich, it is the wording of the law that you posted makes it confusing.

We got married in May 2005 on K1 visa, after getting married I had to go back to my country to complete military duty, I got K3 and came back, I chose getting an immigrant visa instead of adjusting status, I got my CR1 visa in 2006, I got my green card in 2006. I and my wife have been living together continuously since November 2005, (as a K3 visa holder and then as a PR since September 2006).

So can I apply in June 2009 OR should I apply in September 2009?

What are 'the other requirements'? Why do some couples have to wait for full three years and some others 3 years-90 days? I am looking forward to your take on it, because I sincerely can not comprehend the legal wording of the rule(s) in this case.

Thank you.

[lucyrich 20]

No, nothing is clear, especially the poster before you made it an Italian Wedding Soup.

3 years as a PR or 3 years as a PR MINUS 90 days?

Which one?

Sometimes one, sometimes the other, and sometimes longer.

If you want to make it simple and choose one or the other of the choices you give, you'll be wrong for many people. Sorry, that's not me who made it complex, it's Congress.

For us, it was three full years as a PR. For many couples, it will be three years less 90 days.

IF and only if you meet all the other requirements, then it could be as early as 3 years as a PR minus 90 days.

Otherwise, it'll be whenever you meet all the other requirements. See the M-476. It's all clearly explained there.

Lucyrich, it is the wording of the law that you posted makes it confusing.

We got married in May 2005 on K1 visa, after getting married I had to go back to my country to complete military duty, I got K3 and came back, I chose getting an immigrant visa instead of adjusting status, I got my CR1 visa in 2006, I got my green card in 2006. I and my wife have been living together continuously since November 2005, (as a K3 visa holder and then as a PR since September 2006).

So can I apply in June 2009 OR should I apply in September 2009?

What are 'the other requirements'? Why do some couples have to wait for full three years and some others 3 years-90 days? I am looking forward to your take on it, because I sincerely can not comprehend the legal wording of the rule(s) in this case.

Thank you.

Wow, I don't think I've ever heard of someone getting all three of the K-1, K-3, and CR-1 visas!

It sounds like it will be June 2009 for you.

The three requirements in INA 319 (a) are

* PR for 3 years (you can take a 90 day shortcut on this one, so you meet in in June 2009)

* Married to and living with US citizen for three full years (you would have met this in Nov 2008)

* Spouse must have been a US Citizen three full years (you probably met this one on your spouse's 3rd birthday)

But there are other requirements, such as the requirement to live in your district or state for the 90 days before filing. Assuming you haven't moved recently, you probably meet that. And there's a physical presence requirement that says you must have been actually present inside the US for half of the days during your required continuous residence period. Unless you take a LOT of international vacations, you probably have no trouble meeting this one.

The most common reason for having to wait a full three years is that some people who come here on a CR-1 visa only start living together on the day they enter with their visa and get LPR status. While you can take a 90 day shortcut on the continuous residence time, you can't take a 90 day shortcut on the "three years living in valid marital union with USC Spouse" requirement. But I've also heard of people whose earliest filing date is determined by the "90 days living in district or state" requirement, because they moved fairly recently. And I've heard of people meeting the "Spouse must have been a US Citizen three full years" requirement last, if they both got employment based green cards and one of them naturalized a little while after their wedding.

[internetkafe 0]

Lucyrich, thank you very much for clearing the subject for me.

Yes, I got all 3 visas I had to wait longer too. When I wanted to apply for advance parole to get out of the country to do my military service in my other country, I found out that it takes too long and I did not have that kind of time-frame since I was on leave from military for one month in order to come to the US and get married and go back to complete the service. I will give my finger prints 4th time I think, if not more than that And they are all the same.

Thank you, again, very very much for the explanation. I needed that.

[internetkafe 0]

http://www.uscis.gov/files/nativedocuments/M-480.pdf

Here on the second page of Naturalization Eligibility Worksheet it says ' I have been a Permanent Resident for LESS THAN THREE YEARS, STOP, you are not eligible to apply for naturalization'.

???

[TracyTN 237]

That is true - what's your question?

[lucyrich 20]

http://www.uscis.gov/files/nativedocuments/M-480.pdf

Here on the second page of Naturalization Eligibility Worksheet it says ' I have been a Permanent Resident for LESS THAN THREE YEARS, STOP, you are not eligible to apply for naturalization'.

???

The M-480 isn't binding. The M-480 is either outright wrong, or at least it's not drawing the distinction between eligibility for naturalization versus eligibility to mail the N-400 off. You're not eligible for naturalization until you complete the full three years of continuous residency, but you ARE eligible to file the application for naturalization 90 days before you've finished the full continuous residency period.

It's confusion because. under some circumstances, you can send in the paperwork 90 days before you're eligible to become a citizen It's also confusing because the the "90 day shortcut" is not in the actual statute, but only in the regulation. It comes from 8 CFR 334.2(b).

An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under Section 316(a) or 319(a) of the Act

See also the box at the bottom of the M-476, page 22

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.