When to SEND N400? 90 days before meeting 'continuous residence' requirement?

T

TheOC

Registered Users (C)
Hi, all. I did some research but couldn't find answers myself. Here's the situation:

My LPR status started since 04/11/2008 and I am filing N400 based on marriage with USC.

According to USCIS n400 instruction, I could APPLY up to 90 days before meeting 'continuous residence' requirement. But I'm not sure how USCIS counts days. Is that based on receiving date or post-mark date?

I plan to send my files overnight via fedex. Can I send my files 01/10/2011 and USCIS will receive them 01/11/2011? Or I should play safe to send files 01/11/2011 and USCIS receives files 01/12/2011?

I know one day difference is not that big deal but curious to know when you guys sent files.

Thanks!
 
You absolutely should be conservative here. One day can make a difference and I recall last year someone who had submitted his application one day too early and he went all the way to the interview and then getting rejected for applying one day too early. Wait another week and then submit everything. You've waited this long, what's another week? Remember the day you sign your N-400 application is the date that needs to be counted. You cannot "forward sign" the application date. Make sure you qualify in terms of continuous residency and physical presence requirements first.
 
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Remember that that is only ONE of the eligibility requirements, you have to meet ALL OTHER requirements on the filing date. Wait a few days, if it gets received even 1 day early, then it gets denied.
 
Count 85 days and then you won't have to worry. By the way, many people don't realize that you have to be married to the US citizen 3 full years before you can apply under the 3 year marriage rule. For most people this is not an issue as they married to the US citizen before they got the GC, but it has been an issue to some. Use a date calculator webpage or a spreadseet to subtract the 85 days from your 3 year GC anniversary. Make sure that on that date you will have been married to the US citizen (being a US citizen all that time) for full 3 years. I hope it makes sense.
 
The Op's timeline indicates marriage in 2004, so that should be OK, but I would definitely agree with the advice of waiting a few more days to send the application , maybe around the 15th - 18th
 
anderson24 said:
"A permanent resident who has lived 5 years time in the US is eligible for US citizenship without leaving the US for trips of 6 months or longer.

If the applicant is outside the US for longer than 6 months, he disrupts his continuous residence. He will have to prove that he has not abandoned his permanent resident status by providing the necessary evidence before an immigration officer. This is also true even for those who have a re-entry permit.
Click to expand...

what are you smoking dude? he's not applying under the 5-year rule. he's talking about the 3-year rule
 
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