simon bland

Hi

I have my N400 interview in January. My question concerns my wife. She is an LPR, who got her Green Card in March 2001, we have been married since Feb 1995.

My question is, when can she file her N400.

Will it be 3 years from March 2001, as she will then be married to a US citizen for more than 9 years, although I will only have been a citizen for about 1 year?

Or will her 3 years start from the time I get my citizenship, in which case her 5 years as an LPR will be about the same time

Thanks for you help

Simon

Ujjwalc

Two choices:

1. 5 years after becoming LPR
( actually 4 years 9 months )

2. 3 Years as spouse of US Citizen

In your case both will be almost at the
same time. It's always easier to
go with the first option ( less paperwork
probably ).

Regards

Regards

Joachim Feise

Ujjwalc wrote:
    > Two choices:
    > 1. 5 years after becoming LPR
    > ( actually 4 years 9 months )

You can *apply* after 4 years and 9 months, but you
become *eligible* after 5 years.

    > 2. 3 Years as spouse of US Citizen

Similar here: You can apply after 2 years and 9 months, but you
become eligible after 5 years.

Joachim Feise

Joachim Feise wrote:
    > Ujjwalc wrote:
    >> Two choices:
    >> 1. 5 years after becoming LPR
    >> ( actually 4 years 9 months )
    > You can *apply* after 4 years and 9 months, but you
    > become *eligible* after 5 years.
    >> 2. 3 Years as spouse of US Citizen
    > Similar here: You can apply after 2 years and 9 months, but you
    > become eligible after 5 years.

Oops. Of course, in this case you become eligible after 3 years.

Mark Carroll

In article ,
Joachim Feise wrote:
    >Ujjwalc wrote:
    >> Two choices:
    >> 1. 5 years after becoming LPR
    >> ( actually 4 years 9 months )
    >You can *apply* after 4 years and 9 months, but you
(snip)

Actually, five years less ninety days, isn't it? That difference may
turn out to be rather important if someone's eager to get their
application off and they send it a day too early.

-- Mark

Joachim Feise

Mark Carroll wrote:
    > In article ,
    > Joachim Feise wrote:
    >>Ujjwalc wrote:
    >>>Two choices:
    >>>1. 5 years after becoming LPR
    >>> ( actually 4 years 9 months )
    >>You can *apply* after 4 years and 9 months, but you
    > (snip)
    > Actually, five years less ninety days, isn't it? That difference may
    > turn out to be rather important if someone's eager to get their
    > application off and they send it a day too early.

There is some inconsistency about this: The law says "the application for
naturalization may be
filed up to 3 months before the date the applicant would first otherwise meet such
continuous
residence requirement." (INA 334(a)).
8 CFR 334.2, however, says "An application for naturalization may be filed up to 90
days prior to
the completion of the required period of residence" (8CFR334.2(b)).

So take your pick...
My understanding is that the law is the ruling text, the CFRs are the INS-issued
regulations,
but they don't have the power of the law. Of course, I'm not a lawyer, so I may be
wrong...
In any case, it is the best to doublecheck this kind of stuff with a lawyer.

Ujjwalc

To make things simpler, it's always
a good idea to sign and mail the
application 88 days before the
cmpletion of 5 years. May be
make 85 days so rhere is no chance of
getting confused whether one applied
one day earlier than becoming eligible.

Regards