Can I apply for citizenship a month earlier?

J

jrao124

Registered Users (C)
Hi,

My husband and I would like to apply for US citizenship after completion of 4 yrs and 8 months of green card validity. We have to go to India, hence the urgency. Is this possible to do? Or do you have to wait for at least 4 yrs and 9 months?

Any input would be appreciated.
J Rao
 
You can apply at 4 yrs 8 months, but your application will be sent back to you. The rule specifically states that one can file up to 90 days before the 5 year continual residence requirement as LPR has been met.
 
jrao124 said:
We have to go to India, hence the urgency.
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What "urgency"? There is no deadline by which you must apply. Wait until shortly before you return to the US, or after returning to the US, and then apply.

If you apply too early, they will either reject it up front, or later in the process the interviewer will notice that you applied too early and deny the application, resulting in you having wasted the money and the months of waiting.
 
jrao124 said:
Hi,

My husband and I would like to apply for US citizenship after completion of 4 yrs and 8 months of green card validity. We have to go to India, hence the urgency. Is this possible to do? Or do you have to wait for at least 4 yrs and 9 months?
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Just prepare all documents with the "correct" date on it (5 yrs minus 90 days). Put it all in a Priority Mail envelop with correct postage and then ask somebody to mail it for you on the correct date.

Wd
 
Whaledad said:
Just prepare all documents with the "correct" date on it (5 yrs minus 90 days). Put it all in a Priority Mail envelop with correct postage and then ask somebody to mail it for you on the correct date.
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Note that the fingerprinting appointment may be scheduled for as soon as 3-4 weeks after the N-400 was filed. So bear that in mind when thinking about when to send it in, otherwise there is the risk being outside the US on the date of the appointment.
 
Jackolantern said:
Note that the fingerprinting appointment may be scheduled for as soon as 3-4 weeks after the N-400 was filed. So bear that in mind when thinking about when to send it in, otherwise there is the risk being outside the US on the date of the appointment.
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i was in same situation when I applied for permanent GC - I left the country for 10 month right before fingerprints, my friend was sending the appointment letters back with "please rescedule" marked for whole 10 months, then I came back and process finished smoothly, approved without interview.
 
Thanks all, for the reply. That is what we are planning to do. Go to the US just before sending in the application, then stay until the FP.

Just a quick clarification. The 4 yrs and 9 months is calculated from the "Resident Since" date on the green card, right? So if my date is May 28, 2004, my 5 yrs will be on May 28, 2009. So 4 yrs and 9 months would be Feb 28, 2009. Is that correct?

Thanks in advance
J Rao
 
Yes u r correct. However wait for a few days after Feb 28th to send it in say around the first week of March to be on the safer side. That will do it.

jrao124 said:
Thanks all, for the reply. That is what we are planning to do. Go to the US just before sending in the application, then stay until the FP.

Just a quick clarification. The 4 yrs and 9 months is calculated from the "Resident Since" date on the green card, right? So if my date is May 28, 2004, my 5 yrs will be on May 28, 2009. So 4 yrs and 9 months would be Feb 28, 2009. Is that correct?

Thanks in advance
J Rao
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whatever you don't submit earlier then 4 years and 9 months. Unless you are married to US citizen which would be 2 years and 9 months. any earlier will result with your application being rejected back 2 you
 
jrao124 said:
Just a quick clarification. The 4 yrs and 9 months is calculated from the "Resident Since" date on the green card, right? So if my date is May 28, 2004, my 5 yrs will be on May 28, 2009. So 4 yrs and 9 months would be Feb 28, 2009. Is that correct?
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Actually: the rule is 5 years minus 90 days, which makes it February 27. But yes, wait a few extra days to be on the safe side anyway.

Wd
 
jrao you are correct about the date. It is calculated by 4 years and 9 "months" not 90 days. Being that no given month has the same amount of days. so being that you have already waited this long you should submit your application no earlier then Feb 28 09.
 
Thank you all for the replies. I will do that and also wait for the FP.

Do we have to be in the country once having applied and done FP? Or can we come back to India and go back for the interview? My husband has a job in India, hence the question.

Thanks again
J Rao
 
Whaledad said:
Actually: the rule is 5 years minus 90 days, which makes it February 27. But yes, wait a few extra days to be on the safe side anyway.
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Another posted mentioned that USCIS has instructed the officers to follow 4 years and 9 months, because of problems and errors with miscounting the 90 days.

However, the poster didn't provide a link to the memo or any other externally viable resource. And even if it is true, USCIS is so inconsistent that we can count on some officers to be following 4 years + 9 months while others are following 5 years minus 90 days.

Ultimately, as it has said many times before ... people should not try to time it to the exact day; it is better to apply 3 or 4 days later than the absolute earliest day possible, than to apply on the exact earliest day but get wrongly rejected because of a USCIS counting error.
 
jrao124 said:
Do we have to be in the country once having applied and done FP? Or can we come back to India and go back for the interview?
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If you are spending substantial periods of time outside the US during the N-400 process, your chances of rejection are fairly high. If your process takes (for example) 7 months and your only presence in the US during that time is a total of only 2-3 weeks ... a few days for fingerprinting, and then another few days leading up to the interview, and you leave the US the day after the interview only to return 2 days before the oath, you're likely to get rejected at the interview or pulled out of the oath.
 
Jackolantern said:
If you are spending substantial periods of time outside the US during the N-400 process, your chances of rejection are fairly high. If your process takes (for example) 7 months and your only presence in the US during that time is a total of only 2-3 weeks ... a few days for fingerprinting, and then another few days leading up to the interview, and you leave the US the day after the interview only to return 2 days before the oath, you're likely to get rejected at the interview or pulled out of the oath.
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In such a circumstance, I would say the chance of denial depends on whether the applicant is able to overcome the possible presumption of break in continuous residence at the interview and/or oath rather than it resulting in an automatic denial.
 
qrfalpha said:
jrao you are correct about the date. It is calculated by 4 years and 9 "months" not 90 days. Being that no given month has the same amount of days. so being that you have already waited this long you should submit your application no earlier then Feb 28 09.
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A misleading post that can cost some naturalization applicants $675 if applied a few days earlier.

http://www.uscis.gov/files/article/M-476.pdf (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
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Cheers.
 
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