Naturalization interview BEFORE 3-year anniversary?

R

rjstuf

New Member
I applied for naturalization in May 2009 based on marriage to a US Citizen (after 2 years and 9 months) and had my interview yesterday, July 22 in Fairfax, VA. It went great, I passed it, then at the end the officer tells me: "Well, your file was processed very fast and your interview was scheduled too early, you passed but I can't approve you until your 3-year anniversary (which will be August 5) so you can't take the oath today. I'll stamp your file as approved on August 5, and then we'll send you a letter for the oath ceremony."

Has anyone here had a similar experience? If so, how long did you have to wait before you got the invitation for the oath ceremony?

I've read a number of horror stories about people having to wait months and months when they didn't take the oath the same day as the interview, so I'm somewhat worried.

Thanks.
 
How long had you been married to your US citizen spouse at the time you filed the N-400?

August 5 would be the 3 year anniversary of your Green Card or of being married to the US citizen spouse?
 
Huracan said:
How long had you been married to your US citizen spouse at the time you filed the N-400?

August 5 would be the 3 year anniversary of your Green Card or of being married to the US citizen spouse?
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When I filed the N-400, we had been married 3 years and 9 months, and August 5 is the 3rd anniversary of my Green Card.
 
Yep, mine was a week early and was told because it was early I had to wait for an oath letter (which came a few weeks later). It's not uncommon for people to get early interviews before their actual anniversery...
 
They won't be able to approve your application until August 5th, which is also the earliest you can have your oath. Chances are you'll get IL sometime in August for a later oath date.
 
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Bobsmyth said:
They won't be able to approve your application until August 5th, which is also the earliest you can have your oath. Chances are you'll get IL sometime in August for a later oath date.
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BOB – Question along the lines. Folks who are doing early walk-in fingerprints, do they carry a chance of having interviews scheduled early and being denied approval the same day because anniversary date is a month or so away? They have to wait for the approval letter and then Oath letter which basically defeats the purpose of having an early walk-in fingerprints.

Your thoughts?
 
Noman74 said:
BOB – Question along the lines. Folks who are doing early walk-in fingerprints, do they carry a chance of having interviews scheduled early and being denied approval the same day because anniversary date is a month or so away? They have to wait for the approval letter and then Oath letter which basically defeats the purpose of having an early walk-in fingerprints.

Your thoughts?
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Exactly. Not only does it defeat the purpose, but it can make the process much longer: from what I've been reading in all sorts of immigration forums, a lot of people who didn't do the oath the same day as the interview had to wait months for USCIS to schedule them for the oath ceremony.

I myself did early walk-in fingerprints, about 3 weeks earlier than my scheduled date, so now I'm kicking myself for doing that. If I had been patient, I'm pretty sure my interview would've been scheduled not long after the anniversary date, with the oath on the same day.
 
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Yes, the three month early application made a lot of sense (even the walk-in fingerprints) when processing was at six months and above, but now that it's hovering in three to four months one has to reevaluate things in light of getting the oath delayed because oath might fall before completing the 3 or 5 years of permanent residence.

Anyway, it seems you are clear and it is just a matter of time to get the oath letter. Think positive. Not that long ago people had to wait 8 months or more for naturalization, and the poor people getting stuck in name check took sometimes years. A month or so of delay is nothing in the big scheme of things :)
 
Noman74 said:
BOB – Question along the lines. Folks who are doing early walk-in fingerprints, do they carry a chance of having interviews scheduled early and being denied approval the same day because anniversary date is a month or so away? They have to wait for the approval letter and then Oath letter which basically defeats the purpose of having an early walk-in fingerprints.

Your thoughts?
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That's only the case for those who send in application early. Many who choose to do FP walk in early have applied after the required GC anniversary mark.

As for getting denied for anniversary date being before interview , it's a rare occurrence as it seems most IO will either reschedule your interview or just wait until after the anniversary date to adjudicate your case.
 
I have the same issue... here is my experience.

There is no rule that you cant be interviewed and approved before the 5 yr mark. Only thing you cant do before the 5 yr mark is taking Oath... My application was stamped Approved on Day 83 during the interview. Here is my experience at fairfax/do on 7/22....
----------------------------------------------------
I passed my interview today. My appointment was at 9 AM, I showed up at 8:30. I got called in around 10:15.

The officer went through the application asking several questions on the application. I mentioned speeding tickets (that I did not list on the application), he asked what they were (100$ fines etc) and said not to worry about them. He gave the written/reading and the 6 questions and I passed.

He was ready to give me a oath appointment for the same day but I pointed out to him that I will finish my 5 yr mark on 7/30/09. He went to his supervisor to check if he can give me oath today (7/22). He came back after a few mins and said they cant do it today and I will get an oath letter in the mail. He aplogized that he didnt catch the issue before he offered me the oath.

He also mentioned that all the supervisors got an email recently from the CIS counsel issuing guidance about oaths before the 5 yr mark. They are not allowed to give oaths unless you pass the 5 yr mark.

Anyway, I am happy to put the interview behind but back in the waiting game. Hope to get the oath letter soon.

Local DO Washington Field Office - Fairfax, VA
07/30/04 Green Card
04/30/09 UPS N400 to Lewisville, TX (Day 0)
05/01/09 Application Package Rec'd at Lewisville, TX (Day 1)
05/01/09 Priority Date (Day 1)
05/05/09 Cheque Cashed (Day 5)
05/05/09 Notice Date (Day 5)
05/08/09 Rec'd I-797C NOA (Day 8)
05/13/09 I-797C Fingerprint Notice Date (Day 13)
05/16/09 Rec'd I-797C NOA Fingerprint Notice (Day 16)
05/19/09 FP done (Walk in) at Alexandria ASC (Day 19)
06/05/09 Fingerprint Date - Scheduled (Day 36)
06/15/09 Interview Letter Notice Date (Day 46)
06/18/09 Interview Letter Received (Day 49)
07/22/09 Interview Date (PASSED ) (Day 83)
XXXXXXX Oath Letter Rec'd
XXXXXXX Oath Ceremony
 
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Reg the date OP applied for citizenship.

Didnt he apply too early?

Here's why

GC date - 7/30/04
3 months before - 4/30/ + 1 day = 5/1 i.e you need to include both the days 5/1 and 7/30
but May has 31 days.

So, 90 days before 7/30 should be 5/1+1 = 5/2.

Is my math correct?
 
new_LPR said:
Reg the date OP applied for citizenship.

Didnt he apply too early?

Here's why

GC date - 7/30/04
3 months before - 4/30/ + 1 day = 5/1 i.e you need to include both the days 5/1 and 7/30
but May has 31 days.

So, 90 days before 7/30 should be 5/1+1 = 5/2.

Is my math correct?
Click to expand...

I believe it is May 1st, and not May 2nd. Yes, the application should have been signed May 1st, and despatched on/after May 1st. Apparently, USCIS did not notice, and the applicant just turned out to be lucky...
 
rjStuf-- did you get your oath letter?

rjstuf said:
I applied for naturalization in May 2009 based on marriage to a US Citizen (after 2 years and 9 months) and had my interview yesterday, July 22 in Fairfax, VA. It went great, I passed it, then at the end the officer tells me: "Well, your file was processed very fast and your interview was scheduled too early, you passed but I can't approve you until your 3-year anniversary (which will be August 5) so you can't take the oath today. I'll stamp your file as approved on August 5, and then we'll send you a letter for the oath ceremony."

Has anyone here had a similar experience? If so, how long did you have to wait before you got the invitation for the oath ceremony?

I've read a number of horror stories about people having to wait months and months when they didn't take the oath the same day as the interview, so I'm somewhat worried.

Thanks.
Click to expand...

rjstuf -- we were in the same boat on July 22nd... did you get your oath letter yet? My updated signature below
Local DO Washington Field Office - Fairfax, VA
07/30/04 Green Card
04/30/09 UPS N400 to Lewisville, TX (Day 0)
05/01/09 Application Package Rec'd at Lewisville, TX (Day 1)
05/01/09 Priority Date (Day 1)
05/05/09 Cheque Cashed (Day 5)
05/05/09 Notice Date (Day 5)
05/08/09 Rec'd I-797C NOA (Day 8)
05/13/09 I-797C Fingerprint Notice Date (Day 13)
05/16/09 Rec'd I-797C NOA Fingerprint Notice (Day 16)
05/19/09 FP done (Walk in) at Alexandria ASC (Day 19)
06/05/09 Fingerprint Date - Scheduled (Day 36)
06/15/09 Interview Letter Notice Date (Day 46)
06/18/09 Interview Letter Received (Day 49)
07/22/09 Interview Date (PASSED ) (Day 83)
08/24/09 Infopass Appointment to check status (Day 116)
XXXXXXX Oath Letter Rec'd
09/24/09 Oath Ceremony (Day 147) (Info from second level IO)
 
new_LPR said:
Reg the date OP applied for citizenship.

Didnt he apply too early?

Here's why

GC date - 7/30/04
3 months before - 4/30/ + 1 day = 5/1 i.e you need to include both the days 5/1 and 7/30
but May has 31 days.

So, 90 days before 7/30 should be 5/1+1 = 5/2.

Is my math correct?
Click to expand...

Dont agree with the Math... here is why

Difference between - 5/1/09 from 7/30/09 is exactly 90 days.

The date USCIS recieves the application is the date of reference. In my case they recieved on 5/1/09 and 5/1 was the PD.
 
nc2004gc said:
Wrong ... the date is when you signed the application ... not when uscis received it.
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No. The relevant date is when USCIS receives it. But sometimes by mistake a USCIS clerk looks at the signing date or the postmark date and wrongly rejects it based on that. So to protect yourself from their mistakes, it is better to make sure the signing date and postmark date are both after the 90th day.
 
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