Please HELP- N400 denied because of 3 years preceding filing

[copbass]

Hello all,

I passed the Civiv test and 3 days later USCIS sent out an notice said I am denied due to 3 years preceding filing

My marriage license is on Feb 13, 2017
My 2 years Green card is on Feb 26, 2017
My 10 years Green card is on June 7, 2021

USCIS Received my N400 on Dec 30, 2019. Nov 10, 2021 is my naturalization interview

When I filed my N400, the old form said 2 years 9 months after my marriage or after receiving my 2 yrs green card then I can apply for N400.
The new notice said I need to wait for 3 years, I don’t remember when did they change the rule. Can anyone advise me what to do?

Of course I will talk to an attorney, I just need to make sure I didn’t make any stupid mistake counting the date as I remember exactly 2 years 9 months when I filled N400.

My wife and I still together.

Thank you

[Mike E]

Hello all,

I passed the Civiv test and 3 days later USCIS sent out an notice said I am denied due to 3 years preceding filing

My marriage license is on Feb 13, 2017
My 2 years Green card is on Feb 26, 2017
My 10 years Green card is on June 7, 2021

USCIS Received my N400 on Dec 30, 2019. Nov 10, 2021 is my naturalization interview

When I filed my N400, the old form said 2 years 9 months after my marriage or after receiving my 2 yrs green card then I can apply for N400.
The new notice said I need to wait for 3 years, I don’t remember when did they change the rule. Can anyone advise me what to do?

Of course I will talk to an attorney, I just need to make sure I didn’t make any stupid mistake counting the date as I remember exactly 2 years 9 months when I filled N400.

My wife and I still together.

Thank you

You got a green card 13 days after you got married? In 2017?

Maybe in 1987.

[newacct]

You a green card 13 days after you got married? In 2017?

Maybe they got their green card through a different basis than marriage.

[okccanary]

Hello all,

I passed the Civiv test and 3 days later USCIS sent out an notice said I am denied due to 3 years preceding filing

My marriage license is on Feb 13, 2017
My 2 years Green card is on Feb 26, 2017
My 10 years Green card is on June 7, 2021

USCIS Received my N400 on Dec 30, 2019. Nov 10, 2021 is my naturalization interview

When I filed my N400, the old form said 2 years 9 months after my marriage or after receiving my 2 yrs green card then I can apply for N400.
The new notice said I need to wait for 3 years, I don’t remember when did they change the rule. Can anyone advise me what to do?

Of course I will talk to an attorney, I just need to make sure I didn’t make any stupid mistake counting the date as I remember exactly 2 years 9 months when I filled N400.

My wife and I still together.

Thank you

A little more info would be great. Did you file online or via post?? The 3yr date is not from the date of marriage but rather the date your green card was issued. If you did it online then I think the mistake was that you are allowed to file 90 days early rather than 3 months (a common mistake especially when January and December both have 31 days next to each other). the 90 day mark would have been November 28th 2019. If you filed exactly 2 years 9 months then you would have filed November 26th which would have been 92 days before the 3yr anniversary. Unfortunately if that is the case then I don't think there is anything you can do apart from refile as there is no grey area for the 90 day window.

If you filed via post and they did not receive it till December then you would have easily been less than 90 days so that shouldn't matter and you should definitely speak to lawyer or someone.

On another forum I saw a post where a guy on the East Coast filed online at 1am on the 90th day early mark but USCIS server is on the West Coast or maybe even Hawaii so they had him filing 91 days early. They initially denied him due to filing before 90 days but he reached out to his senator and ombudsman and got it over turned. He used his credit card statement and email acknowledgement receipts that showed he filed at 1am on the 90th day mark and therefore did do it correctly. If that is the case then maybe something you should look into especially if you posted it and they didnt even get the package until Decemeber.

FOR OTHERS READING THIS THEN ID RECOMMEND FILING 89 DAYS OR LESS WHEN FILING TO STOP ANY GLITCH IN THE SYSTEM THAT MIGHT EFFECT THE 90 DAY WINDOW DEADLINE. I FILED 88 DAYS EARLY DUE TO THAT POST AND NOTICE THAT THEY HAVE ME FILING 89 DAYS (so a day earlier like the other guy) BUT THATS STILL UNDER 90 DAYS SO STILL FINE

So sorry that you got denied and I hope you can get it overturned rather than having to file all over again.

[copbass]

Hello.
Yes my green card date was correct.
I married Feb 13,2017 got my interview somewhere 2018 and my 2 years green card issued date is February 26, 2017. ( I know it is back dated)

From the date of Feb 26,2017 to my N400 submission on Dec 30, 2019 is 2 years 10 months and 14 days.

Meaning I did exactly what the N400 said, only 3 months until my 3 years anniversary.

Now the USCIS said I have to be married for 3 years in order to file for N400 , which is not true for my N400 condition back in the day.

I talked briefly to a lawyer this morning and will know more next week.

[okccanary]

Hello.
Yes my green card date was correct.
I married Feb 13,2017 got my interview somewhere 2018 and my 2 years green card issued date is February 26, 2017. ( I know it is back dated)

From the date of Feb 26,2017 to my N400 submission on Dec 30, 2019 is 2 years 10 months and 14 days.

Meaning I did exactly what the N400 said, only 3 months until my 3 years anniversary.

Now the USCIS said I have to be married for 3 years in order to file for N400 , which is not true for my N400 condition back in the day.

I talked briefly to a lawyer this morning and will know more next week.

Wow thats crazy. I wonder why they back dated? In a weird way they screwed you over by doing that! Yeah My conditional took over a year and therefore the 3yr marriage wouldn't even be an issue or on my radar. If anything it was the exact opposite you cant file on your three year wedding anniversary (which they make very clear) but rather your card issue date. Apologies for making assumptions. The officer with me, made it sound very much like the Card issue date is the important part with the whole 90 day filing thing. I am so sorry to hear this. Do you have a copy of your application with that rule? If you do then I would definitely consider reaching out to your local representative or ombudsman. They might be able to help you as well without the lawyer fees.

Hoping for the best for you mate!

[newacct]

When was your I-485 approved?

[Enub4]

My guess is that they made an error on the date of your original GC and they are counting the time since the correct date. I hope I'm wrong and you can get a positive result. Good luck.

[Ola1974]

Hello all,

I passed the Civiv test and 3 days later USCIS sent out an notice said I am denied due to 3 years preceding filing

My marriage license is on Feb 13, 2017
My 2 years Green card is on Feb 26, 2017
My 10 years Green card is on June 7, 2021

USCIS Received my N400 on Dec 30, 2019. Nov 10, 2021 is my naturalization interview

When I filed my N400, the old form said 2 years 9 months after my marriage or after receiving my 2 yrs green card then I can apply for N400.
The new notice said I need to wait for 3 years, I don’t remember when did they change the rule. Can anyone advise me what to do?

Of course I will talk to an attorney, I just need to make sure I didn’t make any stupid mistake counting the date as I remember exactly 2 years 9 months when I filled N400.

My wife and I still together.

Thank you

The rule is you must be 2yrs 9months on green card, and not on marriage.

[Mike E]

Hello.
Yes my green card date was correct.
I married Feb 13,2017 got my interview somewhere 2018 and my 2 years green card issued date is February 26, 2017. ( I know it is back dated)

From the date of Feb 26,2017 to my N400 submission on Dec 30, 2019 is 2 years 10 months and 14 days.

Meaning I did exactly what the N400 said, only 3 months until my 3 years anniversary.

Now the USCIS said I have to be married for 3 years in order to file for N400 , which is not true for my N400 condition back in the day.

I talked briefly to a lawyer this morning and will know more next week.

And that’s the problem. Your green card is incorrect. They can back date to date of interview and no further.