Citizenship application denied for applying “too early”?

locorecto

New Member
I enter the US as a LPR on December of 2016 after being sponsored by my spouse who at the time was a LPR as well. My spouse became a US citizen on early April 2017. I applied for US citizenship and filed on January 2020 (2 years, 9 months and 22 days after becoming a LPR). According to the USCIS Early Filing Calculator it was ok for me to file by that date. I had my interview mid-April 2021. I passed the English and Civil Test and answer all the other questions trustfully.

Today I received a letter saying that basically I was denied basically I applied too early and I quote: “On the date you filed Form N-400, your spouse had been a citizen for less than 3 years; at that time your spouse had been a citizen only 2 years and 9 months.”

Clearly I was confused by the early application eligibility rules. Is this something which can be appealed? Do I have to start all over, get in line again and pay all the fees:(?
 

SusieQQQ

Well-Known Member
It sounds like the problem was that your spouse had not been a citizen for 3 years at the time you filed (not a misunderstanding of your own early filing date).
 

locorecto

New Member
Actually, I mixed up the early filing eligibility with the spouse being citizen for 3 years. :( . I know I should have known better or ask for legal help before filing. However, I provided all that information in the the electronic form. Why did the system allowed me to submit the application even knowing I didn't meet the requirements. The system had all that information to do a basic check. Basically for not waiting about 40 extra days, I have to start all over and wait close to 2 years.
 

Sm1smom

Super Moderator
Unfortunately it is not the system’s responsibility to check if you’ve meet all the eligibility requirements or not, the onus is on you to ensure you meet all the applicable requirements. You filed 40 days early, cases have been denied for filing 1 day early as a matter of fact. It is what it is unfortunately.
 

locorecto

New Member
Unfortunately it is not the system’s responsibility to check if you’ve meet all the eligibility requirements or not, the onus is on you to ensure you meet all the applicable requirements. You filed 40 days early, cases have been denied for filing 1 day early as a matter of fact. It is what it is unfortunately.
Agree with you on that. This was totally on me. I should have done all my due diligences to make sure I was eligible to apply. My point is this is such an easy check, that, in the future, the system could at least provide a warning to alert people submitting applications and not meeting this requirement.
 

SusieQQQ

Well-Known Member
Agree with you on that. This was totally on me. I should have done all my due diligences to make sure I was eligible to apply. My point is this is such an easy check, that, in the future, the system could at least provide a warning to alert people submitting applications and not meeting this requirement.

Are you sure it didn’t for early filing? I remember getting a warning to check the dates on filing 90 days early. Anyway, I don’t see how you could expect the system to pick up on your wife not having been a citizen the requisite length of time to make you eligible, or if you actually lived in marital union, etc. It is your responsibility to check eligibility on all criteria.
 

locorecto

New Member
Are you sure it didn’t for early filing? I remember getting a warning to check the dates on filing 90 days early. Anyway, I don’t see how you could expect the system to pick up on your wife not having been a citizen the requisite length of time to make you eligible, or if you actually lived in marital union, etc. It is your responsibility to check eligibility on all criteria.
Once again, I am not arguing it is not my responsibility. I have already said it a couple of times. I didn't get a warning for my spouse not being a US Citizen for long enough. There are date fields in the application form that ask you when did you become a LPR, when did you spouse became a US Citizen (if not by birth) and the number of days you have been outside of the US in trips. All these dates could be compare against the date you file (by the system) and display a warning if less than what is required.

I am just saying this could be an improvement to the system and avoid processing invalid applications. The time that was spent processing my application, could have been spent on another valid application. Again, this could just be me overthinking this as an engineer. Not trying to offend anyone. I have been given a simple and acceptable answer to the questions originally I asked and I am thankful for that. This is a great forum where people are help without asking for anything, other than following the rules, in return.
 

SusieQQQ

Well-Known Member
Yeah, “unfortunately” this isn’t a nanny state. The online system already has some warnings you don’t get filing paper. Imo it hardly needs to be set up to catch every possible error.
 

whitemimauz3

Registered Users (C)
Form N-400 part 1 B clearly asks whether you have been LPR for past 3 years, married to US citizen for those past 3 years & spouse has been US citizen for those past 3 years.
2 years 9 months is early filing requirement for you BUT you still need to fulfill requirement of spouse being US citizen for past 3 years & being married to him or her.
I don't know how you could overcome this deficiency by filing appeal except to re-file N-400
 
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