Filing 90 days early? Should not apply for most applicants!!

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eb2kid

Registered Users (C)
People here always talk about "filing 90 days early", but if I read the guide to naturalization, it seems to me it is impossible in most cases to do that:

Among others, they list these requirements:
- Time as a Permanent Resident: 5 years (in the chart)
"... you must be a Permanent Resident for a certain number of years before you may apply for naturalization."
- Continuous residence: 5 years (in the chart)
"... continuous residence means that you have not left the US for a long period of time" and "If you are applying based on 5 years as a Permanent Resident ... you may file for naturalization up to 90 days before you meet the continuous residence requirement. ... You may send your application before you have met the requirement fo rcontinuous residence only. ... You must meet all the other eligibility requirements when you file your application with USCIS."

This suggests to me: an example of when the 90 day rule applies is: got greencard, was not a in continuou residence for 2 years, then was in continuous residence for 4 years & 9 months, because: has been a Permanent resident for 6 years & 9 months (>= 5 years), and has been in continuou residence for 5 years - 90 days

However, the most common case: was always in continuous residence: In that case, if you file in 5 years - 90 days, while this is ok from a continuous residence perspective, it apperas to me to be NOT ok in regards to the "time as a permanent residence requirement". The continuous residence section states "You must meet all other eligibility requirements WHEN YOU FILE your application with uscis" and the "time as permanent residence" requirement states that you "must be a Permanent Resident for 5 years BEFORE YOU MAY APPLY for naturalization".

So my interpretation of this is: If I get my Green Card, am always in continuous residence, I may NOT apply 90 days early. I may ONLY apply 90 days early if there was some period of time at the beginning of my Permanent Residency where I was not in continuous residence.

Reading other posts, it seems to me people always interpret this rule differently and would file 5 years - 90 days even if they have not been a permanent resident for 5 years yet (but only 5 years - 90 days).

What do you guys think?
 
I had the same confusion long time ago, somewhat at the time I managed to convince myself that I was just confused. I understand your interpretation because for quite a while I thought the same. However, the experience is that a lot of people apply 90 days before being permenent residents for 5 years and they are fine. So far I am fine myself.

I hope someone else has the argument of how this works fresh and can convince you ;)
 
See this example from the guide to naturalization:
"If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you
may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying
based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you
have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you
have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.
citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when
you file your application with USCIS."

This person still can apply 90 days before he/she's been a permanent resident for 3 years.
 
Huracan said:
See this example from the guide to naturalization:
"... Therefore, you must still have been married to and living with your U.S.
citizen spouse for 3 years before you may file your application. ..."

This person still can apply 90 days before he/she's been a permanent resident for 3 years.
Click to expand...

No, he may NOT! See the relevant portion in the very quote you posted: "must have been married to & living with your US spouse FOR 3 YEARS BEFORE YOU MAY FILE YOUR APPLICATION"
Not 3 years - 90 days.

This states that you must have been a permanent resident for 3 years before you may file, but it is ok to have been in continuous residence for 3-90 days.

So since at 3 years-90 days from the time you got your greencard, you have NOT YET been a permanent resident for 3 years, you may not file.
 
I see that you don't want to be convinced. Come on, man ;) there have been hundreds of people posting in this forum where they have applied within 90 days before being permanent residents for 5 years and have been successful. My interviewing officer counted the days to make sure I applied within the period. I can understand that you might still be confused, but I think the overwhelming body of experience goes against what you claim.

What is true and has been the experience in this forum is that people don't get naturalized before they reach the 5 years. In some local offices where they are really fast there has been people getting interviews before they reach 5 years, USCIS handles these cases in a way that the naturalization doesn't happen before the 5 years. Other than that it is fine to send the application 90 days before the 5 years.
 
This is what the law says:

In the case of an applicant subject to a requirement of continuous residence under section 316(a) or 319(a) , the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement.

The field manual says:
Note: Persons applying under section 316(a) or 319(a) of the Act may file a naturalization application up to 90 days prior to the completion of their required period of residence. (See section 334(a) of the Act)
 
eb2kid - if you hang around here long enough, you'll discover quite a few gray areas where USCIS practice does not entirely coincide with the exact letter of 8.CFR. (In particular I'm thinking of continuous residence rules and people residing overseas who make short "visits" to the US to avoid the 6 month rule)

There's no point arguing about the 90 day criteria, because the vast majority of applicants (myself included) apply within this window, and are successfully naturalized.
 
I think this is even better explanation about continuous residence,

Continuous Residence – An
important requirement for
naturalization. Continuous
residence may be broken if you
take a single trip out of the country
that lasts for 6 months or more.
 
There is no leeway on the 3 years of marriage and conjugal cohabitation with your US spouse. There is a 90 day leeway with regards to time as a PR.

Take my example:-
Married = Nov 2002
CPR granted = Oct 2003
LPR granted = Oct 2005
N-400 filed = July 2006

I had been married to (and living with) my US spouse for 3 years and 8 months the day I filed my N-400. However, my time as a PR was only 2 years and 9 months. I successfully naturalised in Nov 2006.

eb2kid said:
No, he may NOT! See the relevant portion in the very quote you posted: "must have been married to & living with your US spouse FOR 3 YEARS BEFORE YOU MAY FILE YOUR APPLICATION"
Not 3 years - 90 days.
Click to expand...
 
dont think too much regarding these rules. there are better things to do in life :)

i used 4 yr 90 day rule, 3-4 days buffer.
 
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