timing

nicpon

Registered Users (C)
How soon can I apply for naturalization if I have had GC since Jan 21 of 2006(based on marriage to USC)? I've heard that I can do up to 90 days before. Is that true or should I just wait until Jan/21/09?
Thanks
 
It is partially true. You are eligible to apply on the later of:

(a) 90 days before your 3rd anniversary of being a permanent resident,
or
(b) three full years (without the minus 90 days) of being married to and living with a US citizen.

So part (a) would only apply to people who got married before becoming a permanent resident.
 
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Thanks.
So, just to make sure I understand this if got married in Jun-4-2005 then I'm eligible to start the application 90 days from Jan-21-2009(your part b doesn't apply)?
Also, Can I send the application during that period of 90 days before ?
 
Thanks.
So, just to make sure I understand this if got married in Jun-4-2005 then I'm eligible to start the application 90 days from Jan-21-2009(your part b doesn't apply)?
Yes, if you completed 3 years of living with your spouse before Jan 21, 2009. It's not just when you got married, it's also when you've been living with your citizen spouse. Some noncitizens who marry a US citizen live separately outside the US for a year or more while their green card application was in process, so their 3 years of marriage for naturalization purposes started counting when they joined their spouse in the US, not earlier on when they got married.

Also, Can I send the application during that period of 90 days before ?
90 days before is the earliest date. You can apply any number of days, or even years, after that if you want. In fact, it is advisable to wait at least 2-3 days after that, because sometimes a clerk at USCIS will miscount by 1 or 2 days and reject the application if you apply exactly on the 90 day mark.
 
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Actually another question came to my mind. The 3rd anniversary from the first time I became a Permanent Resident not from the time they removed the conditional residency?
i.e. I got my conditional 2-year GC in Jan 2006, then in Jan 2008 the condition was removed and GC extended to 10-years. So, does it count from 2006 or 2008? I got confused now because on the new 10-year GC it says that I have been a resident since 2008, but I really have been a resident since 2006.
Thanks.
 
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