pejp

Hi, I've had my GC since 2015, and married to a USC since Sep 2016. Today is exactly 90 days before my 3 year wedding anniversary, so I had planned on filing my N400. I read somewhere (could be anecdotal) that processing times are shorter when filing online, plus it's just easier to upload documents than mailing them. Does anyone know if the 90 day early filing rule still applies when filing online, or is it only for paper filing?

sun_burn

You can early file online. However it's recommended to wait a few days and not file immediately on the day of eligibility. That's because there have been anecdotal cases of people applying within hours of first eligibility, and facing trouble with denial because the systems did not properly reflect the application date. How long is good to wait ? I can't say - my GC was employment based and I applied when it was close to 10 year expiry, so I've no personal experience with this.

Rete

Y E S !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!

Noorah101

You can file up to 90 days early IF you have been a US PR for 3 years AND your marriage is more than 3 years old. If your marriage is not yet 3 years old, you aren't eligible to file.

Rene

pejp

Ah, I think I get it now. I was thinking that it was 90 days before I meet both criteria. i.e. I've already been a perm resident for just over 4 years at this point, so that criteria is already met, therefore I could file 90 days before I meet the second criteria (being married to a USC for 3 years).

You're saying that if someone were already married to a USC for 3 years, and then got Perm Residency, they could file 90 days prior to the 3 year anniversary of their Perm Residency?

Rete

No, that is not exactly what she is saying.

The rules for eligibility for naturalization are as follows:

1. Permanent Resident for 5 years --- file 90 days before the 5th anniversary of your PR status; or

2. Permanent Resident for 3 years and married to a USC for a full three years -- file 90 days before the 3rd anniversary of PR status but not before you have celebrated your 3rd wedding anniversary. So if you got your PR status in June, 2015 and married a USC in December, 2015 you are not eligible to file for naturalization based on early filing to due marriage to a USC until AFTER your wedding anniversary in December, 2018 even though you had PR status 3 years in June, 2018

3. Permanent Resident for 3 years married to a USC for full three years -- file 90 days before the 3rd anniversary of PR status IF your have already celebrated your 3rd year anniversary to a USC.

BTW marriage must be to the same USC.

It is all spelt out in the Guide to Naturalization on the www.uscis.org site.