Can I apply for N-400 90 days before the three year annversary of my permanant resident status?

K

karankhiani

Registered Users (C)
I got my green card on March 23, 2009 and I am in the process of removing my conditions off my greencard. My three year anniversary as a Permanant Resident will be March 23, 2012. My question is can I apply for the N-400 90 days before the three year annversary of my permanant resident status? By the way, I am married to a US citizen.
 
karankhiani said:
I got my green card on March 23, 2009 and I am in the process of removing my conditions off my greencard. My three year anniversary as a Permanant Resident will be March 23, 2012. My question is can I apply for the N-400 90 days before the three year annversary of my permanant resident status? By the way, I am married to a US citizen.
Click to expand...

Yes, BUT that is the ONLY thing that you can be short of. Marriage already 3 full years and spouse a USC at least a FULL 3 years and otherwise eligible.
 
karankhiani said:
I got my green card on March 23, 2009 and I am in the process of removing my conditions off my greencard. My three year anniversary as a Permanant Resident will be March 23, 2012. My question is can I apply for the N-400 90 days before the three year annversary of my permanant resident status? By the way, I am married to a US citizen.
Click to expand...

Since people often get burned (and have their applications denied) on the issue of the 90 day rule for marriage-based naturalization cases, it bears repeating what BigJoe5 said.

The answer to your question depends on how long you have been married to your spouse and how long your spouse has been a U.S. citizen.

You may file N-400 ninety days prior to the third year anniversary of your LPR status, provided that on the day of filing you have been married to your spouse for at least three full years and provided that, as of the day of filing N-400, your spouse has been a U.S. citizen for at least three years.
Plus, of course, all the other requirements (3 months state/district residency, the physical presence requirement, etc), have to be satisfied at the time of filing as well.
 
Last edited by a moderator:
OK. In my situation, I will have been married for 3 years and my husband would have been a US citizen for more than 3 years. And plus I have been in the same state and district for more than 3 months and I have met the physical requirement too. So I guess I will apply for my Citizenship on December 23, 2011 (approximately 90 Days before March 23, 2012).

Thanks everyone for your help.
 
karankhiani said:
OK. In my situation, I will have been married for 3 years and my husband would have been a US citizen for more than 3 years. And plus I have been in the same state and district for more than 3 months and I have met the physical requirement too. So I guess I will apply for my Citizenship on December 23, 2011 (approximately 90 Days before March 23, 2012).

Thanks everyone for your help.
Click to expand...

It looks like you may indeed file 90 days prior to the 3-d anniversary of your GC status. I assume from your post that you are an LPR since March 23, 2009, right?
In that case it is a good idea to wait several days after December 23, 2011 before filing N-400. You don't want your application to be denied due to a counting error, and in relation to the 90 days rule "approximately" is not good enough. Remember that 2012 is a leap year and it has 29 days in February. Both Dec and January have 31 days.
If you send your application on Dec 26, 2011, you should be fine.
 
You must log in or register to reply here.
Top