application date question

[backintherain]

Hi. So my wife is a green card holder and I am a US citizen. She has already held her green card over three years, so would otherwise already be eligible to apply for naturalization, except for the fact that I haven't yet crossed 3 years as a US citizen (which is one of the criteria).

My 3 year anniversary as a US citizen is during this December. Therefore, can she file her naturalization application 90 days in advance of my 3 year US citizen anniversary? One can normally file 90 days before the eligibility date, so I assume the same thing applies for this circumstance, right?

If so, do you recommend attaching an explanation letter regarding the above, or do you think it will be fairly obvious?

thanks

 

[newacct]

The "90 days before" applies to the continuous residence requirement. It is unclear whether the spouse being a citizen for 3 years is part of the continuous residence requirement. I have heard people say that it isn't. To be safe you should wait until you have been a citizen for 3 years.

 

[Jackolantern]

You need 3 full years as a US citizen for her to apply based on the 3 year rule. The 90 day early filing period is only for continuous residence and does not apply to your years of citizenship or marriage. People have been denied for those reasons.

 

[backintherain]

You need 3 full years as a US citizen for her to apply based on the 3 year rule. The 90 day early filing period is only for continuous residence and does not apply to your years of citizenship or marriage. People have been denied for those reasons.

Thanks. Glad I asked. So she will apply in December, on the 3 years anniversary of my naturalization.