N-400 Application returned

dckaraja

New Member
Hello Please adivise.I am married to USC and filing under that status.My anniversary date is Dec,08,2006.3 yr that is.I mailed in my application forms on 8sep.Got everything in mail back today with letter or eligibilty.Not sure how to interpet it.I tought we can mail in app 90 days prior to 3 or 5 yrs??.Can somone shed light what they are reffering too?Please
 
dckaraja said:
Hello Please adivise.I am married to USC and filing under that status.My anniversary date is Dec,08,2006.3 yr that is.I mailed in my application forms on 8sep.Got everything in mail back today with letter or eligibilty.Not sure how to interpet it.I tought we can mail in app 90 days prior to 3 or 5 yrs??.Can somone shed light what they are reffering too?Please

Hello,
I hope you can find an answer to your question here: http://www.uscis.gov/graphics/services/natz/English.pdf

I wish you the best and your wife
 
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.


It says the same thing what I said 3yrs minus 90days.Not sure why Officer send it back.You think they would outline or just write down few words as to why he/she was sending it back.
 
Have you been a permanent resident for those three years? This is important because it will effect your claim. Let's say you've been married to the USC for three years and the first year was outside of the US and you were not a permanent resident. Then you would another 9 months to wait before you apply. If, however, you were a permanent resident for those three years and you meet the continuous residency requirements. I don't see why they would return it.

Cheers,

Newly
 
dckaraja said:
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.

Are you sure it's not something as simple as the fact that 3 months do not equal 90 days? You said you applied on September 8th and hit the three year mark December 8th. As far as I can tell, that's a 91 day margin, since the month of October has 31 days. I know it seems like splitting hairs on the part of USCIS, but that may very well be the cause for your returned application.
 
Was your husband a USC before you married? If not, the 3 year count starts from the day he became a citizen (assuming you already had GC).
 
Well I think I see what callie might be saying .Maybe it is few days her and there.I have been married for 5 yrs.INS lost my file cause me to delayed my perament residency for almost year.But I have lived in us for last 3 yrs.I have also passed 2 yr 9 month mark as well.
 
dckaraja said:
Hello Please adivise.I am married to USC and filing under that status.My anniversary date is Dec,08,2006.3 yr that is.I mailed in my application forms on 8sep.Got everything in mail back today with letter or eligibilty.Not sure how to interpet it.I tought we can mail in app 90 days prior to 3 or 5 yrs??.Can somone shed light what they are reffering too?Please
my friend, your problem is in the following; look at the green card you have, look at the "residenct since" field. What date does it say. if it says Resident since December 8, 2003, then yes you should be able to file. If you have been married for over 3 years doesn't make any difference if you haven't been resident for 3 years minus that 90 days.

If you were married for 10 years, but you recently filed for permanent residency , then you have to wait three years while still married the same wife.

So, do you see my point. I hope you can tell us the date on the green card
Thanks
 
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