90 days before continuous residence musings

Huracan

Registered Users (C)
Hello,

I know there has been a lot of discussion about the 90 days/3 months rule. It seems that it has boiled down to the rule being 90 days before fulfilling the continuous residence requirement, as mentioned in the "A guide to Naturalization" document. However, I am curious about what people have done or plan to do with this rule. I mean, if I enter a permanent resident since date, let's say 12/24/2006 on a spreadsheet and subtract 90 from that date I get 9/25/2006. Now, what do we do with this "magic date"? Does it mean that the application has to be postmarked by this date, signed by this date, received by this date, priority dated by this date? My guess would be that the date means the priority date. In this case one could send the application one or several days earlier, as far as it isn't received and processed before that 9/25/2006.

Other thought on this matter is that, should the "magic date" be 9/26/2006 on my example? My answer to this question is no, because the instructions say "up to" 90 days, which I interpret that it includes the day 90 days earlier before fulfilling the continuous residence requirement. Any thoughts about this?

Now, how comfortable is people here about nailing it on a particular date? Do people regularly leave a week's buffer to be sure of complying? Has anyone tried to send earlier and time how long it takes for the mail to arrive and be processed in order to take advantage of the full 90 days?

Just a last comment, the guide for naturalization uses the word "file" 90 days before. My understanding is that this would mean the date when they receive the application. I mention receive in the bureaucratic sense of acknowledging receipt, not just getting the bag of mail.

My 2 cents.
 
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I recall there was a recent post from someone who's application was returned for arriving too soon. Seems like you want to make sure the date you sign on the form is not earlier than when you're eligible to apply.

A few days buffer will save much hassle!
 
I agree. Do nothing official "by" that date. Sign the form (and then mail it) only *after* that date has passed (and, it wouldn't hurt to add a little buffer in case you are like me and occasionally slip up at simple date arithmetic :-) ).
 
I am myself thinking about signing and mailing 4 days after the calculated date. This should take care of any arithmetic errors, and any interpretation of counting the resident since date or not, i.e. are we eligible to apply on the same day 5 years after getting the green card or the day just after that.

I was curious about other people's thoughts and experiences. I know that some people have gotten applications returned, but I had trouble finding some of the cases in the forum, and in some cases they had applied mistakenly way before their date. I haven't found any proven case about signing the application before the right date, and sending it a few days later within the valid dates range and the application being returned. I am not saying that there aren't cases like that.

Didn't mean for an exhaustive survey, but I find curious how something that should be pretty clear can become so confusing when one considers, signing date, mail date, and priority date. I believe USCIS should have clarified their practice with an example.

As I said, in my case I will leave a few days of buffer to account for arithmetic/rounding errors.
 
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