How early can I apply for citizenship?

[Triple Citizen]

You are a techie and needed so many people to figure out one date for you?

Just a newbie here who'd like to know when I can apply for Citizenship. I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008. How early can I apply for citizenship?

 

[Techie777]

You are a techie and needed so many people to figure out one date for you?

Being a techie doesn't make me an Immigration Law guru. I'm simply trying to follow the law Triple Citizen

07/30/2011 or 10/30/2011...who cares? I've waited almost 9+ years for my Green card. 90 additional days aren't going to deter me from my goal.

Thank you all for your input

 

[Be4]

There is no need to wait until 10/30/11! The 90-day grace period does apply to the continuous residence requirement. Assuming all other requirements are met by 08/22/2011, the OP can apply on that date.

I think you are confusing two different issues here: continuous residency requirement and the length of marriage. I consulted two different immigration attorneys prior to filing my N-400 and both confimred that both conditions which I mentioned in my above postings should be met on the date of filing.

 

[Techie777]

Here are a few facts:

1-I'm a PR as of 10/30/2008 per my Green card.
2-I got married to a U.S Citizen on 08/22/2008
3-I will be applying for Citizenship based on 3 years as Permanent Resident married to a U.S Citizen.
4-I've not left the country AT ALL during asylum and I485 application process.
5-I've been in the same state for at least 6 years, 4 years spent out of state while away at school.

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.

3 years as a PR will be 10/30/2011
3 years minus 90 days will be 07/30/2011

 

[Be4]

Originally Posted by A Guide to Naturalization, Page 22
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.

Your impatience is totally understandable - I walked in your shoes myself just very recently, but you, somehow, miss the highlighted phrase. Also check this thread: http://forums.immigration.com/showthread.php?p=2054689

 

[C R S]

I think you are confusing two different issues here: continuous residency requirement and the length of marriage. I consulted two different immigration attorneys prior to filing my N-400 and both confimred that both conditions which I mentioned in my above postings should be met on the date of filing.

The OP can apply on the third anniversary of his wedding! There is no need for him/her to wait three years from when he/she became a permanent resident. He/she does benefit from the 90-day clause albeit only partially. Reread the article that I pointed to.

 

[Jackolantern]

The OP can apply on the LATER of:

i) 3 full years of marriage to a US citizen (this would be August 22, 2011), and
ii) 3 years minus 90 days of permanent residence (Oct 30, 2011 - 90 days = August 1, 2011).

So the end result would be August 22, 2011.

However, sometimes the green card date is wrong, and I have to doubt the date on this green card because of two reasons:
1) The approval date is only 2 months after the marriage, and such speed of approval was very unusual last year
2) The green card was received in November this year, even though the date on it is October of last year.

Obviously if the interview was after 10/30/2008, the green card date would be wrong, unless there was backdating because of the OP being an asylee. But so far the OP hasn't replied to say if the green card was obtained via a grant of asylum, nor to say when the interview happened.

 

[Be4]

The OP can apply on the third anniversary of his wedding! There is no need for him/her to wait three years from when he/she became a permanent resident. He/she does benefit from the 90-day clause albeit only partially. Reread the article that I pointed to.

This is exactly the point I'm trying it make: since OP plans to apply for marriage-based benefit, the three-year marriage requiremement takes precedence. So, the final answer is 08/22/11.

 

[C R S]

This is exactly the point I'm trying it make: since OP plans to apply for marriage-based benefit, the three-year marriage requiremement takes precedence. So, the final answer is 08/22/11.

This is precisely what I stated in my first message (#11). You were the one who claimed that the OP should wait until 10/30/11 (#17) which I rebutted in a latter message (#20).

I trust we have beaten this issue to death.

 

[Be4]

This is precisely what I stated in my first message (#11). You were the one who claimed that the OP should wait until 10/30/11 (#17) which I rebutted in a latter message (#20).

I trust we have beaten this issue to death.

We did, indeed! I have to admit that I erred on the side of caution. When dealing with the USCIS better be safe than sorry, especially considering that many former asylees, including myself waited for more than a decade (or even two in some instances) just to be able to apply for citizenship.