Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

N400 - Can I still early file when filing online?

N400 - Can I still early file when filing online?

Old Jun 17th 2019, 6:07 pm
  #1  
Forum Regular
Thread Starter
 
Joined: May 2016
Posts: 64
pejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond repute
Default N400 - Can I still early file when filing online?

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?
pejp is offline  
Old Jun 17th 2019, 6:29 pm
  #2  
Forum Regular
 
Joined: Dec 2017
Posts: 214
sun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond reputesun_burn has a reputation beyond repute
Default Re: N400 - Can I still early file when filing online?

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.
sun_burn is offline  
Old Jun 17th 2019, 6:39 pm
  #3  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,064
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: N400 - Can I still early file when filing online?

Y E S !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!
Rete is offline  
Old Jun 17th 2019, 6:50 pm
  #4  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 57,839
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: N400 - Can I still early file when filing online?

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
Noorah101 is offline  
Old Jun 17th 2019, 7:09 pm
  #5  
Forum Regular
Thread Starter
 
Joined: May 2016
Posts: 64
pejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond reputepejp has a reputation beyond repute
Default Re: N400 - Can I still early file when filing online?

Originally Posted by Noorah101 View Post
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
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?
pejp is offline  
Old Jun 17th 2019, 7:42 pm
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,064
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: N400 - Can I still early file when filing online?

Originally Posted by pejp View Post
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?
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.
Rete is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.