N-400 and 90-day rule

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gsdjk234 - 29 Apr 2006 21:21 GMT

I find the instructions on the N-400 regarding when you can file to be
very confusing. I am filing based on a marriage to a US citizen and I
have now been a permanent resident for a little more than 3 years-90
days, but less than 3 years (and meet all the other requirements). From
what I read on the NG, it looks like I can file now, but the eligibility
criteria in the guide for naturalization are very confusing. Anybody can
shed some light?

When reading the guide to naturalization (M-476, p.22 in the
box), it says:

a) "If you are applying based on 5 years as a Permanent resident or 3
years as a Permanent Resident married to a US citizen, you may file
for naturalization up to 90 days before you meet the continuous
residence requirement"

b) "For example, if you are applying based on 3 years of "continuous
residence" as a Permanent resident married to a US citizen, you can
apply at any time after you have been a permanent resident in
continuous residence for 3 years minus 90 days"

c) "You may send your application before you have met the requirement
for "continuous residence" ony. Therefore, you must still have been
married to and living with your US citizen spouse for 3 years before
you may file your application. You must also meet all the other
eligibility requirements when you file your application with USCIS".

They define the requirements/criteria as being:
- time as a permanent resident
- continuous residence
- physical presence in the US
- Time in district or state
- good moral character, english and civics knowledge, attachment to the
Constitution
- and if you are applying based on marriage, you must have been married
3 years and your spouse must have been a US citizen for these 3 years.

From sentence b), it seems that I can send my application right now, but
a) and c) seem to indicate that I need to wait to have a full 3 years of
Permanence Residence time before I can file, the 90-day "bonus" applying
only to the continuous residence condition, which the guide seems to
separate from the time as a permanent resident.

Big thanks in advance!

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jeninifer - 29 Apr 2006 21:46 GMT

> I find the instructions on the N-400 regarding when you can file to be
> very confusing. I am filing based on a marriage to a US citizen and I
[quoted text clipped - 42 lines]
>
> Big thanks in advance!

You can apply 90 days prior to your 3 year anniversary as a
Permanent Resident.

Be sure and physically count back the days on a calendar... if the
anniversary of your 3 years as a PR is April 29 - 90 days prior is NOT
going to be January 29.

My husband just had a successful N-400 Interview and Test earlier in the
month. I've left some information about it here and there on the board.
If you search through my past threads, you might find some helpful
information.

Good Luck!

Jen

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Noorah101 - 29 Apr 2006 22:08 GMT

To put it a little more simply for, if you meet all the presence and
other requirements, you can file in the 90 day window before your 3-year
anniversary as a PR, AND you must have been married a FULL 3 years at
that point.

For example, let's say you want to file 60 days prior to being a PR for
3 years. But your 3rd wedding anniversary doesn't fall until 30 days
before being a PR for 3 years. In that case, you must wait until after
your 3rd wedding anniversary to file.

Hope that helps. Best Wishes,
Rene

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Folinskyinla - 29 Apr 2006 23:11 GMT

> To put it a little more simply for, if you meet all the presence and
> other requirements, you can file in the 90 day window before your 3-
[quoted text clipped - 8 lines]
> Hope that helps. Best Wishes,
> Rene

Hi:

I am now nervous about the 90 day "early" filing when an ambiguity in
the statute and regulations may be perceived. I had a case once where
LPR was spending a lot of time abroad -- never broke continuity of
residence for naturalization purposes, but WAS spending more than 50% of
time outside of US. N-400 filed 85 days before her continuted precense
would bring over 50% of physical presence in the US.

CIS refused to apply 90 day rule. I think they were wrong. Under the
"it doesn't pay to fight City Hall" rubric, we simply filed a new N-400.

Signature

Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization

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gsdjk234 - 30 Apr 2006 04:49 GMT

> Hi:
>
[quoted text clipped - 8 lines]
> the "it doesn't pay to fight City Hall" rubric, we simply filed a
> new N-400.

A big thank you all for your answers! I definitely meet all the other
requirements (more than 3 years of marriage, more than 1.5 years of
physical presence in the US), so I am going to file next week.

What threw me off is that they distinguish time as a PR and continuous
residence (except for b) above), and then go on to mention that you can
send the application 90 days before the full 3 years if the *ONLY*
requirement you fail to meet at the time is the continuous residence
(that was c) above). So, that would infer that it would essentially
apply to people who have broken their continuous residence, and hence
the only requirement they fail to meet is the continuous residence, not
the time as a PR.

I wish that the instructions were clearer, but hey, hopefully, this will
be the last INS paperwork I have to file!!! :):):)

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Immigration Forum / USA Marriage Base / April 2006

N-400 and 90-day rule