MM/YYYY: August 2025
Location: California, US
Business / organization: Airport
Check type: Identity verification
Reason: going through TSA
Result: Success
Details: Had to use passport card to verify my identity when going through TSA for business trip. Uneventful.
Your case is similar to other cases when people adjusted from ESTAs or non-immigrant visas. I adjusted from work visa and naturalized earlier this year.
I don't see major red flags. If your marriage is strong and bonafide, you can apply for citizenship.
Just don't attend the interview.
Filing for divorce would be the best start to be honest, at least separation with notification of your address change via form I-865.
The sooner he naturalizes, the sooner you will be off the hook for I-864 Affidavit of Support
They can't file early. Both must be true:
- Resident for 3 years minus 90 days
- Living in marital union together for 3+ years
Example:
Another one:
Practically this means 90 day early filing rule works for most people who adjust status (since they live as married couple way before GC), but not for most people coming on immigrant visas (CR-1 / IR-1)
"In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.[18] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together."
Source: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2
Early filing calculator is not ultimate source of truth and doesn't take into account many eligibility criteria. I think it says something along the lines that you are subject to eligibility etc.
I've seen cases on VJ when users were denied due to marital union issue (e.g. they filed 90 days before their 3 year anniversary of LPR status but also earlier than their 3 year anniversary of living together as married couple).
Update: it appears early filing calculator page was archived. It also contains text "If you have met all other eligibility requirements, " which is basically catch all statement meaning calculator on its own cannot be used to determine early filing eligibility.
Yes, absolutely.
The reason for slow down is her long history in the US. USCIS need to make sure she didn't violate laws or falsely claimed to be a US citizen.
Sueing will force them to make a decision.
Because it's going ok doesn't mean it will be approved if you don't meet eligibility criteria. Did you live with US citizen spouse at same address for 3+ years on day you filed for N-400
Not meeting marital union criteria at the time of filing is not a minor mistake, cannot be corrected and leads to denial of N-400. One can refile when eligible.
Cannot file 90 days early of 3 years of marital union. This is what @ManefMelissa probably means and it was correct not to proceed.
While one can file 90 days early of 3 year anniversary of being LPR, this doesn't apply to marital union. One has to be living together with US citizen spouse for 3+ years on date of N-400 filing.
Imagine he does't list it.
Officer asks him under oath to confirm all addresses he lived at. What would he say? Officer asks whether he and you lived apart at any point. What would he say? Sure, he was required by law to update his address with USCIS within 10 days of moving.
If the plan to file immigrant petition for the child in the future, IMHO it's best to determine whether it's a biological child or not now and avoid issues with misrep
Hi @Scandi I'm coming back to say you were right, neither interview letter nor oath letter were printed on watermarked paper, unlike other documents during AOS and ROC stage.
Agree with @Crazy Cat
All green cards, EADs, Advance Paroles, Re-Entry permits, Refugee Travel Documents etc should be surrended before oath.
@jennifert USCIS is sometimes funny. Some people received 10 year GC even after becoming US citizens!
Got it, it was a valid reason for withdrawal then.
I think you can apply any time, but who knows whether pending withdrawal can cause any confusion. Are you reapplying on 5 year rule now or still under 3 year rule?
You can reapply any time. Nobody can stop you from doing it. If you want to keep things clean and easy, apply when case is withdrawn.
Emma is not a source of legal advice or accurate information.