Question on 90 day rule

Q

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Registered Users (C)
Is it safe to send the N 400 app 1 week after I pass the 90 day rule for 5 yr GC based naturalization?

I know the rules say 90 days, but wondering if anyone faced are any issues sending the app with 1 week of meeting the 90 day criteria

Thanks
 
5 years minus 90 days is the earliest time you can apply for citizenship, not the latest. You can apply any number of days, months, or years after that. Just don't apply too early, because they will reject you for applying even 1 day before.
 
You can apply up to 90 days before you have met the 5 years of continuous residence as an LPR. Applying any earlier than that will get your application rejected.
Also, by applying up to 90 days early there is a risk that your interview is scheduled before you have met 5 years of continuous residence as a LPR. In this case, the IO may require your interview to be rescheduled until after you have met the continuous residence requirement.
 
Interesting; so generally how many days after meeting the 90 day requirement have most people filed?

Just to get a rough idea
 
If you wish to file early, it's been suggested you wait a few days after you are at the 90 day mark and apply up to about 85 days early in order to leave some leeway in calculations.
 
Thanks! Yes, I wanted to keep a week leeway for calculation; but wondering if anyone ended up with an interview date prior to completing actual 5 yrs.....
 
Bobsmyth said:
Also, by applying up to 90 days early there is a risk that your interview is scheduled before you have met 5 years of continuous residence as a LPR. In this case, the IO may require your interview to be rescheduled until after you have met the continuous residence requirement.
Click to expand...

Do they reschedule the interview or do they go ahead with the interview and then reschedule the oath ceremony if the applicant still hasn't satisfied the 3 year or the 5 year requirement?
 
There have reports of both happening. USCIS is not consistent with this since they schedule interviews without regard to continuous residence requirement and it's up the IO and/or supervisor to catch it.
 
Interesting

I allways thought that the math is exact science. It seems that there is a belief on this board that 2 + 2 is not necessarily allways 4 so people add leeway.

You can apply 90 days before you meet 5 years requirement and that is it. As far as the interview goes, it can be done before 5 years. What cannot be done prior to exactly 5 years is oath, but that can be easily scheduled/rescheduled, there is no risk of being denied because of it, you gain nothing by "waiting to be safe".

Best regards
 
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Apart from the "leeway" of a few days, anyone have any issues? Like getting an interview date before completion of the 5 yr?
 
Alex_e38 said:
I allways thought that the math is exact science. It seems that there is a belief on this board that 2 + 2 is not necessarily allways 4 so people add leeway.
Click to expand...
In case you didn't notice, USCIS doesn't know how to count. That's why people occasionally get rejected for applying too early even though they applied exactly on the 90 days. Their inability to count has been exposed in other immigration areas, like a few years ago when they miscounted the H1B visas by several thousand, resulting in many more people obtaining visas than the quota allowed.
 
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Bobsmyth said:
Also, by applying up to 90 days early there is a risk that your interview is scheduled before you have met 5 years of continuous residence as a LPR. In this case, the IO may require your interview to be rescheduled until after you have met the continuous residence requirement.
Click to expand...

Bobsmyth, Based on your experience on this forum, have you come across anyone who ran into this case?

Thanks
 
It will be 5 yrs this oct 20th from the time my husband got his GC. So that means he can apply his Citizenship anytime after JULY 20th 2009. Am I right?? Also, does anybody know how long will it take to change my status?? I'm on F-1 Visa now and we have applied for I-130 in 2007.
 
Also, I heard that Citizenship time frame depends on the state we live in.. Is that true??? Which states take more time and which ones take less time? Please reply someone
 
Alex_e38 said:
I allways thought that the math is exact science. It seems that there is a belief on this board that 2 + 2 is not necessarily allways 4 so people add leeway.

You can apply 90 days before you meet 5 years requirement and that is it. As far as the interview goes, it can be done before 5 years. What cannot be done prior to exactly 5 years is oath, but that can be easily scheduled/rescheduled, there is no risk of being denied because of it, you gain nothing by "waiting to be safe".

Best regards
Click to expand...


Yes it can but there have been cases reported here where the IO decided not to proceed with the interview as it was before the 3yr/5yr date
 
McTavish said:
Yes it can but there have been cases reported here where the IO decided not to proceed with the interview as it was before the 3yr/5yr date
Click to expand...

McTavish, do you remember approx how long was it before the people were re-scheulded their interviews in that case?
 
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