When to Apply?

[Mamood]

Hi Everyone,
I received my US permanent residency (green card) on 8/19/20 through H1-B. I married my wife who is a US citizen on 11/21/20. I will apply for naturalization after 3 years because of my marriage status. However, when I check my eligibility to file N-400, it is not clear if the 3 years starts from the date I received my green card or the date I married my wife. I know I can file 90 days before the date, so can I file 5/21/23 (90 days before 8/19/23), or 8/23/23 (90 days before 11/21/23)?

Thanks

Mamood

 

[newacct]

To qualify under the 3-year rule, you need to have been continuously resident as a permanent resident for 3 years, have been married to the same person for 3 years, and your spouse has to have been a US citizen for 3 years. Assuming that your wife was already a US citizen when you married her, the last condition to be met is 3 years after the marriage (i.e. 11/21/2023), so that's when you can file.

My interpretation is that the 90 days early filing only applies to the continuous residence requirement, and all the other conditions, including the 3 years of marriage, must be met at the time of filing. So my opinion is that you have to wait until 11/21/2023 to file.

 

[Mamood]

Thanks!