When can I file my N-400?

N

NCH754

Registered Users (C)
Hi all,

I just got my GC in the mail today,Spouse of a USC(IR6). I plan to file my N-400 in 3 years minus 90 days after getting my green card and being married to my USC spouse for 3years. My spouse became a USC on 6/29/09 but we have been married > 5 years.

The confusion is the LPR card says the following:
Card expires: 9/24/19
Resident since: 7/8/09

Resident since: 7/8/09 is that correct(that was the date my I-485 was received by USCIS)? Since my I-485 was only approved on 9/21/09, isn't my LPR status from 9/21/09 or 9/24/09(since the card expires 9/24/19) and not 7/8/09?

So I can only file my N-400 on 9/24/12 minus 87 days(6/29/12) or any date after 6/29/12? Would that be the correct interpretation of the 3 years minus 90 days rule?
Or is it safer to apply after 9/24/12 that way there will be no confusion resulting in a denial?

Thanks guys.
 
NCH754 said:
Hi all,

I just got my GC in the mail today,Spouse of a USC(IR6). I plan to file my N-400 in 3 years minus 90 days after getting my green card and being married to my USC spouse for 3years. My spouse became a USC on 6/29/09 but we have been married > 5 years.

The confusion is the LPR card says the following:
Card expires: 9/24/19
Resident since: 7/8/09

Resident since: 7/8/09 is that correct(that was the date my I-485 was received by USCIS)? Since my I-485 was only approved on 9/21/09, isn't my LPR status from 9/21/09 or 9/24/09(since the card expires 9/24/19) and not 7/8/09?

So I can only file my N-400 on 9/24/12 minus 87 days(6/29/12) or any date after 6/29/12? Would that be the correct interpretation of the 3 years minus 90 days rule?
Or is it safer to apply after 9/24/12 that way there will be no confusion resulting in a denial?

Thanks guys.
Click to expand...


You should use the Resident since: 7/8/09 for ur calculation , the other date "Card expires" is just to alert you when you should be renewing the GC if you are not applying for US Citizenship
 
Date on the card when you became resident 7/08/2009, that's the date you should start counting your 3 years from to apply for the N-400, minus the 90 days rule of course.
 
NCH754 said:
Hi all,

I just got my GC in the mail today,Spouse of a USC(IR6). I plan to file my N-400 in 3 years minus 90 days after getting my green card and being married to my USC spouse for 3years. My spouse became a USC on 6/29/09 but we have been married > 5 years.

The confusion is the LPR card says the following:
Card expires: 9/24/19
Resident since: 7/8/09

Resident since: 7/8/09 is that correct(that was the date my I-485 was received by USCIS)? Since my I-485 was only approved on 9/21/09, isn't my LPR status from 9/21/09 or 9/24/09(since the card expires 9/24/19) and not 7/8/09?

So I can only file my N-400 on 9/24/12 minus 87 days(6/29/12) or any date after 6/29/12? Would that be the correct interpretation of the 3 years minus 90 days rule?
Or is it safer to apply after 9/24/12 that way there will be no confusion resulting in a denial?

Thanks guys.
Click to expand...

If you are saying that your I-485 was approved on 9/21/2009 then why is your "Resident Since" date 7/8/2009. Also, I am surprised that you got the physical card within 11 days after your I-485 approval unless things have really changed from 5 years ago (it used to take 3 months or so after I-485 approval to get the physical card if I remember it correctly).

Make sure that the "Resident Since" date on the card is not a typo by a clerk somewhere. Normally you should go by the Resident Date minus 90 days but if you believe that date was printed in error, I would suggest going by the I-485 approval date minus 90 days (in fact I recommend I-485 approval date - 80 days to be on the safe side). The important thing would be to determine the actual date since you are a resident and use that minus 90/80 days; otherwise you don't want be short $675 and your case rejected for early application for no fault of yours.
 
Mimi1212 said:
Date on the card when you became resident 7/08/2009, that's the date you should start counting your 3 years from to apply for the N-400, minus the 90 days rule of course.
Click to expand...

Not at all, My spouse became a USC on 6/29/09. It seems if I use 7/8/12 minus 90 days my N-400 will be denied.
I am just concerned because other folks have gotten denied before, since the residency start date on LPR card was before the date the I-485 was approved. I may take a chance with 6/30/12 to send in my N-400 but not before 6/29/12 because it would be definitely denied.
 
I've never heard of a person being denied for putting the date on there green card as resident "since" but if you are not sure then wait for 3 years after today, less 90 days. there u go!
 
I admire your planning attitude, 3 years in advance for US citizenship? :confused: This is a clearly a man with a mission....:D
 
richmondva said:
If you are saying that your I-485 was approved on 9/21/2009 then why is your "Resident Since" date 7/8/2009. Also, I am surprised that you got the physical card within 11 days after your I-485 approval unless things have really changed from 5 years ago (it used to take 3 months or so after I-485 approval to get the physical card if I remember it correctly).

Make sure that the "Resident Since" date on the card is not a typo by a clerk somewhere. Normally you should go by the Resident Date minus 90 days but if you believe that date was printed in error, I would suggest going by the I-485 approval date minus 90 days (in fact I recommend I-485 approval date - 80 days to be on the safe side). The important thing would be to determine the actual date since you are a resident and use that minus 90/80 days; otherwise you don't want be short $675 and your case rejected for early application for no fault of yours.
Click to expand...

I was told I would get the GC in 10 days at I-485 interview. Things are quicker now. I believe the residency should start on the date it is approved not the date it was received. For example if the USCIS takes 2 years to adjudicate an I-485 they will not back-date the LPR status to the PD but the date it was approved. I agree with you this is a typo error and it would be better to use 9/24/12 minus 80/90 days but definitely not on/before 6/29/12 to file the N-400.
I really wanted that cleared up early. I will definitely make a note so I don't use 7/8/09 as the start date of my LPR status.
Thanks again
 
Last edited by a moderator:
Is funny you mention that because I've been resident since the day I enter (legally) this country, the date on my green card is not the date of when I applied or the date I was approved but the date I first step a foot here. I am Cuban so things are a little different for us. That was 14 years ago (WOW) so I finally decided to become a citizen, thank goodness haha before I was just a teenager worried about how my hair looked and if my shoes matched my belt, now I have more important things to worry about, like this one :).
Good Luck!
 
NCH754 said:
Hi all,

I just got my GC in the mail today,Spouse of a USC(IR6). I plan to file my N-400 in 3 years minus 90 days after getting my green card and being married to my USC spouse for 3years. My spouse became a USC on 6/29/09 but we have been married > 5 years.

The confusion is the LPR card says the following:
Card expires: 9/24/19
Resident since: 7/8/09

Resident since: 7/8/09 is that correct(that was the date my I-485 was received by USCIS)? Since my I-485 was only approved on 9/21/09, isn't my LPR status from 9/21/09 or 9/24/09(since the card expires 9/24/19) and not 7/8/09?

So I can only file my N-400 on 9/24/12 minus 87 days(6/29/12) or any date after 6/29/12? Would that be the correct interpretation of the 3 years minus 90 days rule?
Or is it safer to apply after 9/24/12 that way there will be no confusion resulting in a denial?

Thanks guys.
Click to expand...
The "resident since" date on card is used to determine eligibility. However in your case it would be a good idea to confirm the date the USCIS system shows with an IO since there have been a few cases of denials for applying too early due to a discrepancy between the date on card and on I-485 letter.
 
Bobsmyth said:
The "resident since" date on card is used to determine eligibility. However in your case it would be a good idea to confirm the date the USCIS system shows with an IO since there have been a few cases of denials for applying too early due to a discrepancy between the date on card and on I-485 letter.
Click to expand...

The welcome notice is dated 9/21/09, the same date my I-485 was approved. In the case of my spouse who came via an immigrant visa, the resident "since" date is the DOE but the card was issued 8 days after. I will definitely give them a call.

Thanks again.
 
NCH754 said:
The welcome notice is dated 9/21/09, the same date my I-485 was approved. In the case of my spouse who came via an immigrant visa, the resident "since" date is the DOE but the card was issued 8 days after. I will definitely give them a call.

Thanks again.
Click to expand...

And since your spouse became USC only on 6/29/2009 you will have to wait at least until 6/29/2012 for the 3 years to complete before you can file the N-400; so in effect the "resident since" date becomes redundant and you are only allowed to file after 6/29/2012 to satisfy this requirement. Sending in your N-400 in early July 2012 would be safest in my opinion.
 
richmondva said:
And since your spouse became USC only on 6/29/2009 you will have to wait at least until 6/29/2012 for the 3 years to complete before you can file the N-400; so in effect the "resident since" date becomes redundant and you are only allowed to file after 6/29/2012 to satisfy this requirement. Sending in your N-400 in early July 2012 would be safest in my opinion.
Click to expand...

It maybe in this case redundant, but knowing the exact date is important since if someone has the wrong date even by one day short, that may affect hi/her eligibility under the 3 years minus 90 days or 5 years minus 90 days rules. So it is very important to look out for those errors.

Thanks again everyone.
 
NCH754 said:
Hi all,

I just got my GC in the mail today,Spouse of a USC(IR6). I plan to file my N-400 in 3 years minus 90 days after getting my green card and being married to my USC spouse for 3years. My spouse became a USC on 6/29/09 but we have been married > 5 years.
Click to expand...

Can a GC holder spouse of a USC apply for USC after 3 years minus 90 days?
I have a USC, my wife is GC, does she not have to wait for 5 years to apply for USC?
 
Mumbaiwala2000 said:
Can a GC holder spouse of a USC apply for USC after 3 years minus 90 days?
I have a USC, my wife is GC, does she not have to wait for 5 years to apply for USC?
Click to expand...


Try framing your question better, because I was trying to figure out your question.

How long have you been a USC? If you yourself have been a USC for over three years, then your wife can apply for USC under the 3 year minus 90 days rule, provided she has been a GC holder for 3 years.

In order words, if you were sworn in as a USC on June 1, 2006 and she became a GC holder on Jan 1, 2007, she will be eligible for USC under the 3 year rule around Oct 2010. On June 1, 2010, you would have been a USC for 3 years, and she would be eligible on Oct 5 or someone around them...:cool: I hope this helps...:)
 
Al Southner said:
Try framing your question better, because I was trying to figure out your question.

How long have you been a USC? If you yourself have been a USC for over three years, then your wife can apply for USC under the 3 year minus 90 days rule, provided she has been a GC holder for 3 years.

In order words, if you were sworn in as a USC on June 1, 2006 and she became a GC holder on Jan 1, 2007, she will be eligible for USC under the 3 year rule around Oct 2010. On June 1, 2010, you would have been a USC for 3 years, and she would be eligible on Oct 5 or someone around them...:cool: I hope this helps...:)
Click to expand...

I think it also depends on your wife's GC type. Was it employment-based OR marriage-based? How did she get the GC? If it is marriage based, then I think she can do it after 3 years. Otherwise she may need to wait for 5 years, but let us wait for others' opinion. Also search in the forum for prev. experiences.
 
cpzinga said:
I think it also depends on your wife's GC type. Was it employment-based OR marriage-based? How did she get the GC? If it is marriage based, then I think she can do it after 3 years. Otherwise she may need to wait for 5 years, but let us wait for others' opinion. Also search in the forum for prev. experiences.
Click to expand...

GC type has no bearing on naturalization path. One can have employee based GC and still apply based on 3 years marriage to USC as a LPR.
 
Bobsmyth said:
GC type has no bearing on naturalization path. One can have employee based GC and still apply based on 3 years marriage to USC as a LPR.
Click to expand...

OK Bob.

But in that case, doesn't she have to wait for 3 years to complete after marriage or husband's 3 years completion of USC?
 
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