N-400 Filing too early

fidanboylu said:
Just got an email from the lawyer, the requirement is be married to USC and hold a green card for 2 years and 9 months. I have an appointment in 3,5 hours, i will get it confirmed again in person. Also, if you search for 2 years and 9 months, you will see many successful applications. I don't know what part you guys are not getting but for the sake of people reading the thread, I want to get this straight.

WBH, I don't go by what people say, I go by the law and what lawyers say and have seen. Anybody can say anything, it is a free country, and it is free to be wrong and be insistent.
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If your GC is 3 monther older than your marriage, then it is OK. But it looks like they are the same. So
when you are on your GC for 2 years and 9 month, you are not 3-years married yet.

Your lawyer is wrong if he OK this. Your USCIS interview offcier is wrong if he pass you.
 
Jackolantern said:
No you didn't. As I wrote before, you're not allowed to file 90 days before your 3-year wedding anniversary. You may file 90 days before your 3-year green card anniversary, but not before your 3-year wedding anniversary. You're confusing those two distinct concepts.
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Perhaps a fierce battle often break out between the USCIS IO and the applicants

IO: I have to deny your applciation because at the time of filing you are still not past 3 years of marriage
the applicant: but the laws says I can apply 90 days before 3 years of residence
IO: yes but not 90 days before 3 years of marriage
the applicant: but I am using 90-day rule for residence
IO: you can only use it if you past your 3rd weddning anniversary
the applicant: I use 90-day for residence not 90-day rule for marriage. Laws say I can file 90 day before the 3rd anniversary iof my GC
IO: You can only do that after your 3rd weddning aniversary
the applicanr: Sorry Office, But I already said I am using 90-day rule for resident not for marriage
 
Looking forward to hearing back from Fidanboylu.

If we don't, I am afraid his lawyer talked him into applying and he is on his way to lose money and time.
 
nwctzn said:
Looking forward to hearing back from Fidanboylu.

If we don't, I am afraid his lawyer talked him into applying and he is on his way to lose money and time.
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There is a chance that the USCIS can miss this point and approve the application. I am not sure if that happens, the applicant
can stop thining about it and a go ahead with oath It is also possible that The IO give "recommdended for approval" at the
interview and the applicant wait for oath day, then after some time, a letter arrive saying the applicant is denied.
 
WBH said:
There is a chance that the USCIS can miss this point and approve the application. I am not sure if that happens, the applicant
can stop thining about it and a go ahead with oath It is also possible that The IO give "recommdended for approval" at the
interview and the applicant wait for oath day, then after some time, a letter arrive saying the applicant is denied.
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Yes it could fall through the cracks with an inexperienced officer but then caught by a supervisor. Either way, not a good way to risk $680 and about 5 months of time and the hassle of the process.
 
nwctzn said:
If we don't, I am afraid his lawyer talked him into applying and he is on his way to lose money and time.
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If you reread the first post of the thread, you'll see that the attorney already sent in the application and USCIS cashed the check and sent a receipt notice.

He thought it was filed about 20 days too early, based on the wrong assumption of being able to file with 2 years and 9 months of marriage. But in reality it's 3 months and 20 days too early.
 
Jackolantern said:
If you reread the first post of the thread, you'll see that the attorney already sent in the application and USCIS cashed the check and sent a receipt notice.

He thought it was filed about 20 days too early, based on the wrong assumption of being able to file with 2 years and 9 months of marriage. But in reality it's 3 months and 20 days too early.
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Can lawyers really correct, via their contact in USCIS, mistakenly-too-early-filed application as the OP calimed his lawyer promised to do?
that is can they persuade USCIS to correct filing date after cahsing teh check?
 
WBH said:
Can lawyers really correct, via their contact in USCIS, mistakenly-too-early-filed application as the OP calimed his lawyer promised to do?
that is can they persuade USCIS to correct filing date after cahsing teh check?
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They might be able to persuade USCIS to send everything back without cashing the check, but once it's cashed and the receipt's been generated, it's too late.
 
Jackolantern said:
If you reread the first post of the thread, you'll see that the attorney already sent in the application and USCIS cashed the check and sent a receipt notice.

He thought it was filed about 20 days too early, based on the wrong assumption of being able to file with 2 years and 9 months of marriage. But in reality it's 3 months and 20 days too early.
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It would be really great if he would disclose that law firm so that future applicants are warned. It is really a shame that there are these "professionals" who are not able to interpret USCIS documents correctly.
 
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