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Can I mail N-400 based on marriage 90 days before 3 years?
- Thread starter im50
- Start date
The answer depends on "90 days before 3 years" of what? If you mean "90 days before the 3-d anniversary of marriage" then the answer is "No". At the time of submitting N-400 under the 3-year rule, you must be married for at least 3 years to a U.S. citizen spouse (the marriage must be at least 3 years old and the spouse must be a U.S. citizen for at least 3 years).
However, if the 3 year marriage requirement is satisfied at the time of application, you are allowed to submit N-400 up to 90 days before satisfying the continuous residency requirement.
E.g. if you got married to a U.S. citizen on Jan 1, 2007 but only obtained a green card on March 1, 2007, you are allowed to submit N-400 on Jan 1, 2010.
However, if the 3 year marriage requirement is satisfied at the time of application, you are allowed to submit N-400 up to 90 days before satisfying the continuous residency requirement.
E.g. if you got married to a U.S. citizen on Jan 1, 2007 but only obtained a green card on March 1, 2007, you are allowed to submit N-400 on Jan 1, 2010.
I know that one can send their naturalization application 90 days before 5 year mark, but I am not sure is this procedure the same for application based on marriage?
Also when does the counting of 3 years starts? From date the green card was issued or marriage date?
The 3 years start from the LATEST of the following 3 dates:
Your Marriage Date
Your Permanent Resident Since... Date
Spouse gaining US Citizenship
And yes, marriage based applicants get the 90 day early application period as well.
Last edited by a moderator:
T
And yes, marriage based applicants get the 90 day early application period as well.
For marriage-based applicants the 90 days rule applies ONLY to the continuous residency requirement. All other requirements (including having been married for full three years to a U.S. citizen) must be satisfied at the time of submitting N-400.