Rete

As well as the fact that the marriage has to be three years old. You cannot apply 90 days before the third anniversary of your PR status if you marriage is less than a full three years in length. This would apply for many K-1 recipients in the past who used Dallas or Detroit for instant adjustment of status. Both anniversaries (marriage and status) are around the same time. As another poster has verified, INS will reject the N-400 if the couple has not celebrated third wedding anniversary.

Rete

Andy Platt

"Rete" <[email protected]> wrote:

    > As well as the fact that the marriage has to be three years old. You cannot apply
    > 90 days before the third anniversary of your PR status if you marriage is less than
    > a full three years in length. This would apply for many K-1 recipients in the past
    > who used Dallas or Detroit for instant adjustment of status. Both anniversaries
    > (marriage and status) are around the same time. As another poster has verified, INS
    > will reject the N-400 if the couple has not celebrated third wedding anniversary.

Yes, but when adjusting status based on marriage, you must have been married at least
as long as you have been a permanent resident. Even with instant AOS you could never
become a permanent resident and then get married.

For those who got their greencards and then married a US citizen, then it would be
the case they would have to wait for three years of marriage (or five years of being
a permanent resident).

Andy.

--
I'm not really here - it's just your warped imagination.

Ranjini

The point that a previous poster was trying to make was, I believe, based on a
dabate that took place sometime ago, in a previous thread. I quote the following
from the instructions for the application for naturalization under "When am I
eligible to apply?" "you may apply for naturalization up to 90 days before you meet
the "continuous residence" requirement. You must meet ALL other requirements AT THE
TIME YOU FILE your application with us". Meaning that the 90 days applies ONLY to
the "continuous residence" requirement. You must wait for at least the day of your
wedding anniversary to apply, even though you have already completed the 90 days
before continuous residence requirement. Like me. I was eligible to apply based on
the "90 days before meeting continous residence" requirement on 28 April, but
decided to wait until I complete the 3 years of marriage requirment on our 3rd
Wedding Anniversary which falls on the 29th of May, even though it falls within the
90 days. Ranjini

"Andy Platt" <[email protected]> wrote in message news:[email protected]...
    > "Rete" <[email protected]> wrote:
    >
    > > As well as the fact that the marriage has to be three years old. You cannot apply
    > > 90 days before the third anniversary of your PR status if you marriage is less
    > > than a full three years in length. This would apply for many K-1 recipients in
    > > the past who used Dallas or Detroit for instant adjustment of status. Both
    > > anniversaries (marriage and status) are around the same time. As another poster
    > > has verified, INS will reject the N-400 if the couple has not celebrated third
    > > wedding anniversary.
    >
    > Yes, but when adjusting status based on marriage, you must have been
married
    > at least as long as you have been a permanent resident. Even with instant AOS you
    > could never become a permanent resident and then get married.
    >
    > For those who got their greencards and then married a US citizen, then it would be
    > the case they would have to wait for three years of marriage (or five years of
    > being a permanent resident).
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination.

Andy Platt

"Ranjini" <[email protected]> wrote in message
news:KNsG8.15129$zV.62473@sccrnsc02...
    > The point that a previous poster was trying to make was, I believe, based
on
    > a dabate that took place sometime ago, in a previous thread. I quote the following
    > from the instructions for the application for naturalization
under
    > "When am I eligible to apply?" "you may apply for naturalization up to 90 days
    > before you meet the "continuous residence" requirement. You must meet ALL other
    > requirements
AT
    > THE TIME YOU FILE your application with us". Meaning that the 90 days applies ONLY
    > to the "continuous residence" requirement. You must wait for at least the day of
    > your wedding
anniversary
    > to apply, even though you have already completed the 90 days before continuous
    > residence requirement.

Right, but my point was at that stage you may have completed the continuous residence
requirement (less 90 days) but you have *not* completed the permanent resident
requirement and, if you adjust status based on marriage to a US citizen and our
filing for naturalization based on that marriage, the permanent resident date always
comes first.

    > Like me. I was eligible to apply based on the "90 days before meeting continous
    > residence" requirement on 28 April, but decided to wait until I complete the 3
    > years of marriage requirment on our 3rd Wedding Anniversary which falls on the 29th
    > of May, even though it falls within the 90 days.

Had you been a permanent resident for three years on 28th April? If not, you were not
eligible to apply.

Andy.

--
I'm not really here - it's just your warped imagination.

Ranjini

Being a permanent resident since 28 July 1999 makes me eligible to apply for natz. on
28 April, 2002 based on 90 days before you meet the "continuous residence"
requirement, if I had already completed the 3 years of marriage requirement. Ranjini

"Andy Platt" <[email protected]> wrote in message news:[email protected]...
    > "Ranjini" <[email protected]> wrote in message
    > news:KNsG8.15129$zV.62473@sccrnsc02...
    > > The point that a previous poster was trying to make was, I believe,
based
    > on
    > > a dabate that took place sometime ago, in a previous thread. I quote the
    > > following from the instructions for the application for naturalization
    > under
    > > "When am I eligible to apply?" "you may apply for naturalization up to 90 days
    > > before you meet the "continuous residence" requirement. You must meet ALL other
requirements
    > AT
    > > THE TIME YOU FILE your application with us". Meaning that the 90 days applies
    > > ONLY to the "continuous residence" requirement. You must wait for at least the
    > > day of your wedding
    > anniversary
    > > to apply, even though you have already completed the 90 days before continuous
    > > residence requirement.
    >
    > Right, but my point was at that stage you may have completed the
continuous
    > residence requirement (less 90 days) but you have *not* completed the permanent
    > resident requirement and, if you adjust status based on marriage to a US citizen
    > and our filing for naturalization based on that marriage, the permanent resident
    > date always comes first.
    >
    > > Like me. I was eligible to apply based on the "90 days before meeting continous
    > > residence" requirement on 28 April, but decided to wait until
I
    > > complete the 3 years of marriage requirment on our 3rd Wedding
Anniversary
    > > which falls on the 29th of May, even though it falls within the 90 days.
    >
    > Had you been a permanent resident for three years on 28th April? If not,
you
    > were not eligible to apply.
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination.

Andy Platt

"Ranjini" <[email protected]> wrote in message
news:yetG8.15298$zV.62443@sccrnsc02...
    > Being a permanent resident since 28 July 1999 makes me eligible to apply
for
    > natz. on 28 April, 2002 based on 90 days before you meet the "continuous residence"
    > requirement, if I had already completed the 3 years of marriage requirement.

No it doesn't. The requirements are for applications based on being married to a US
citizen are:

a) The permanent residence test: Three years of being a permanent resident if you are
married to a US citizen, have been married to the same US citizen during that
three years and that person has been a US citizen for those three years.

b) Continuous residence of three years.

c) Physical presence test

Before you can file you must meet conditions (a) and (c). Once you meet those
conditions, so long as you are within 90 days of meeting condition (b) you can file.
So, in your scenario you would be unable to apply prior to 28 July 2002 because you
wouldn't have three years permanent residency to that point even though you might
have been married for three years.

Andy.

--
I'm not really here - it's just your warped imagination.

Ranjini

(1) According to the instructions, you may apply "you may apply for naturalization UP
TO 90 days BEFORE you meet the"continuous residence" requirement.

Which for me is 28 April 2002 based on continious residence being completed on 28
July, 2002.

The only requirement standing in my way at this point, although I'm eligible is the 3
years of marriage clause which I complete on 29th May. So I am still within 90 days.
And I can apply on or after 29th May. Sorry to have to contradict you, but this also
the opinion of an immigration lawyer I spoke to. Ranjini

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > "Ranjini" <[email protected]> wrote in message
    > news:yetG8.15298$zV.62443@sccrnsc02...
    > > Being a permanent resident since 28 July 1999 makes me eligible to apply
    > for
    > > natz. on 28 April, 2002 based on 90 days before you meet the
"continuous
    > > residence" requirement, if I had already completed the 3 years of
marriage
    > > requirement.
    >
    > No it doesn't. The requirements are for applications based on being
married
    > to a US citizen are:
    >
    > a) The permanent residence test: Three years of being a permanent resident if you
    > are married to a US citizen, have been married to the same US
citizen
    > during that three years and that person has been a US citizen for those
    > three years.
    >
    > b) Continuous residence of three years.
    >
    > c) Physical presence test
    >
    > Before you can file you must meet conditions (a) and (c). Once you meet those
    > conditions, so long as you are within 90 days of meeting condition
(b)
    > you can file. So, in your scenario you would be unable to apply prior to
28
    > July 2002 because you wouldn't have three years permanent residency to
that
    > point even though you might have been married for three years.
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination.

Andy Platt

"Ranjini" <[email protected]> wrote in message
news:OWtG8.71371$UV4.105521@rwcrnsc54...
    > (1) According to the instructions, you may apply "you may apply for naturalization
    > UP TO 90 days BEFORE you meet the"continuous residence" requirement.
    >
    > Which for me is 28 April 2002 based on continious residence being
completed
    > on 28 July, 2002.
    >
    > The only requirement standing in my way at this point, although I'm
eligible
    > is the 3 years of marriage clause which I complete on 29th May. So I am still
    > within 90 days. And I can apply on or after 29th May. Sorry to
have
    > to contradict you, but this also the opinion of an immigration lawyer I spoke to.

OK, I believe you. The guide to naturalization is confusing because it talks about
time as a permanent resident and then continuous presence and then, in a footnote,
joins them together as one thing. So, as usual when these things confuse me, I've
gone back to the law. INA Act 334 contains the language about filing early:

"Sec. 334. [8 U.S.C. 1445]

(a) An applicant for naturalization shall make and file with the Attorney General a
sworn application in writing, signed by the applicant in the applicant's own
handwriting, if physically able to write, which application shall be on a form
prescribed by the Attorney General and shall include averments of all facts which
in the opinion of the Attorney General may be material to the applicant's
naturalization, and required to be proved under this title. In the case of an
applicant subject to a requirement of continuous residence under section 316(a)
or 319(a), the application for naturalization may be filed up to 3 months before
the date the applicant would first otherwise meet such continuous residence
requirement. "

Act 319 is the marriage to US citizen part mentioned above as 319(a):

"(a) Any person whose spouse is a citizen of the United States, 1/ or any person who
obtained status as a lawful permanent resident by reason of his or her status as a
spouse or child of a United States citizen who battered him or her or subjected him
or her to extreme cruelty, may be naturalized upon compliance with all the
requirements of this title except the provisions of paragraph (1) of section 316(a)
if such person immediately preceding the date of filing his application for
naturalization has resided continuously, after being lawfully admitted for permanent
residence, within the United States for at least three years, and during the three
years immediately preceding the date of filing his application has been living in
marital union with the citizen spouse 1/ (except in the case of a person who has been
battered or subjected to extreme cruelty by a United States citizen spouse or
parent), who has been a United States citizen during all of such period, and has been
physically present in the United States for periods totaling at least half of that
time and has resided within the State or the district of the Service in the United
States in which the applicant filed his application for at least three months. "

That makes it less confusing because it separate the "resided continuously" part from
the marriage part.

It still doesn't make much sense that the law was worded this way. Presumably the
intent was to allow INS a good three months so they could process the application
before you were actually eligible (ha, ha, three months, they could have made it a
year!!!) in which case it seems crazy they picked one of the eligibility requirements
but not another.

Ah well, I always like it when I get to the bottom of things! Thanks for forcing me
to research it further!

Andy.

--
I'm not really here - it's just your warped imagination.

Ranjini

<< in which case it seems crazy they
    > picked one of the eligibility requirements but not another.>>
I agree!! And this is where the confusion comes in. You had me worried for a bit
Andy. I like getting to the bottom of things myself. Phew!! It's good to have you
agree with me. This point was debated before and different people had different
opinions on this. There are some other contradictions like this between the "Guide"
and the instructions. It's crazy!! Ranjini

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > "Ranjini" <[email protected]> wrote in message
    > news:OWtG8.71371$UV4.105521@rwcrnsc54...
    > > (1) According to the instructions, you may apply "you may apply for
    > > naturalization UP TO 90 days BEFORE you meet the"continuous residence"
    > > requirement.
    > >
    > > Which for me is 28 April 2002 based on continious residence being
    > completed
    > > on 28 July, 2002.
    > >
    > > The only requirement standing in my way at this point, although I'm
    > eligible
    > > is the 3 years of marriage clause which I complete on 29th May. So I am still
    > > within 90 days. And I can apply on or after 29th May. Sorry to
    > have
    > > to contradict you, but this also the opinion of an immigration lawyer I spoke to.
    >
    > OK, I believe you. The guide to naturalization is confusing because it
talks
    > about time as a permanent resident and then continuous presence and then,
in
    > a footnote, joins them together as one thing. So, as usual when these
things
    > confuse me, I've gone back to the law. INA Act 334 contains the language about
    > filing early:
    >
    > "Sec. 334. [8 U.S.C. 1445]
    >
    > (a) An applicant for naturalization shall make and file with the Attorney General a
    > sworn application in writing, signed by the applicant in the applicant's own
    > handwriting, if physically able to write, which
application
    > shall be on a form prescribed by the Attorney General and shall include averments
    > of all facts which in the opinion of the Attorney General may be material to the
    > applicant's naturalization, and required to be proved
under
    > this title. In the case of an applicant subject to a requirement of continuous
    > residence under section 316(a) or 319(a), the application for naturalization may be
    > filed up to 3 months before the date the applicant would first otherwise meet such
    > continuous residence requirement. "
    >
    > Act 319 is the marriage to US citizen part mentioned above as 319(a):
    >
    > "(a) Any person whose spouse is a citizen of the United States, 1/ or any person
    > who obtained status as a lawful permanent resident by reason of his or her status
    > as a spouse or child of a United States citizen who battered him or her or
    > subjected him or her to extreme cruelty, may be naturalized upon compliance with
    > all the requirements of this title except the provisions of paragraph (1) of
    > section 316(a) if such person immediately preceding the date of filing his
    > application for naturalization has
resided
    > continuously, after being lawfully admitted for permanent residence,
within
    > the United States for at least three years, and during the three years immediately
    > preceding the date of filing his application has been living
in
    > marital union with the citizen spouse 1/ (except in the case of a person
who
    > has been battered or subjected to extreme cruelty by a United States
citizen
    > spouse or parent), who has been a United States citizen during all of such period,
    > and has been physically present in the United States for periods totaling at least
    > half of that time and has resided within the State or
the
    > district of the Service in the United States in which the applicant filed his
    > application for at least three months. "
    >
    >
    > That makes it less confusing because it separate the "resided
continuously"
    > part from the marriage part.
    >
    > It still doesn't make much sense that the law was worded this way. Presumably the
    > intent was to allow INS a good three months so they could process the application
    > before you were actually eligible (ha, ha, three months, they could have made it a
    > year!!!) in which case it seems crazy
they
    > picked one of the eligibility requirements but not another.
    >
    > Ah well, I always like it when I get to the bottom of things! Thanks for forcing me
    > to research it further!
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination.