N400 - filing question

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dougalted

Registered Users (C)
Hello,
I have a question regarding the time of filing N400 for my wife. I am a US citizen and we have been married for longer than three years. She has been living here since April 2007 as a permanent resident. The USCIS website provides a document called "M-476" which says the following.

"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."

She would meet the "continuous residence" requirement by January 2010 (3 years minus 90 days). She would be married for longer than 3 years as well. But what about the "and living with your U.S. citizen spouse for 3 years before you may file your application" clause? Since that would be 3 years minus 90 days as well by January 2010.

Does this mean we need to wait till April 2010 before applying?

Thanks so much for your help.

Regards,
 
dougalted said:
I am a US citizen and we have been married for longer than three years.

But what about the "and living with your U.S. citizen spouse for 3 years before you may file your application" clause? Since that would be 3 years minus 90 days as well by January 2010.
Click to expand...

She's been married to you for more than 3 years but not living with you ?
 
To clarify, my wife has joined me 2 years and 9 months ago [April 2007]. So does that mean to satisfy the following I need to wait till April 2010?

"and living with your U.S. citizen spouse for 3 years before you may file your application"

I would appreciate any advice.

Regards,
 
Correct, she would need to wait until April 2010 since she only started living with you in martial union in April 2007 (eventhough you were married before that date).
 
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