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Am I eligible to apply for N-400?

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  • Am I eligible to apply for N-400?

    I became a resident permanent resident on 12/9/2019. I have been living in the same state, same place, same wife lmao!

    My GC is marriage based and also I did the removal of conditions on my GC. Am I eligible now to apply? I used the USCIS calculator and it says I’m not.’
    Newark Field Office. I485, I765, I130, I31 Marriage AOS
    1/28/19 -case has been accepted
    2/9/19 - Fingerprint review was COMPLETED on I-765 and I-485
    2/12/19 - (I-485) Case b • 10/4/19 - Interview cancelled
    10/19/19 - Interview was scheduled
    12/3/19 - Interview completed!it
    12/9/19 - New card is being produced
    12/10/19 - i485 and I-130 case was approved

  • #2
    By "12/9/2019" you mean Dec 9, 2019? Assuming that your wife has been a US citizen for at least 3 years, you would qualify to file N-400 under the 3-year rule 90 days before you have been a permanent resident for 3 years, which would be Sep 10, 2022.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      By "12/9/2019" you mean Dec 9, 2019? Assuming that your wife has been a US citizen for at least 3 years, you would qualify to file N-400 under the 3-year rule 90 days before you have been a permanent resident for 3 years, which would be Sep 10, 2022.
      Yes my wife has been a citizen for 26 years. Idk why the uscis calculator says no. Weird..
      Newark Field Office. I485, I765, I130, I31 Marriage AOS
      1/28/19 -case has been accepted
      2/9/19 - Fingerprint review was COMPLETED on I-765 and I-485
      2/12/19 - (I-485) Case b • 10/4/19 - Interview cancelled
      10/19/19 - Interview was scheduled
      12/3/19 - Interview completed!it
      12/9/19 - New card is being produced
      12/10/19 - i485 and I-130 case was approved

      Comment


      • #4
        Originally posted by Scanigm View Post

        Yes my wife has been a citizen for 26 years. Idk why the uscis calculator says no. Weird..
        Well, it's not Sep 10, 2022 yet.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by Scanigm View Post
          I became a resident permanent resident on 12/9/2019. I have been living in the same state, same place, same wife lmao!

          My GC is marriage based and also I did the removal of conditions on my GC. Am I eligible now to apply? I used the USCIS calculator and it says I’m not.’
          My wife also received her GC on 12/9/2019. We are eligible on 9/10/2022 but will file a few days later on 9/13 (I have read that USCIS cloud servers may be in different time zone and if you apply on your exact 90 days before, it may actually use a day before as your filing date, which makes you not eligible).

          I think you may be using the Naturalization eligibility tool and if so, on the 4th question (see below), you actually have to select second option (Between December 3, 2017 and December 3, 2019)...this is because you will become eligible on 9/10/2022. If you use the tool on or after 9/10/2022, the tool will tell you that you are eligible.

          Good luck.

          Click image for larger version  Name:	Screen Shot 2022-09-04 at 9.59.04 AM.png Views:	0 Size:	52.9 KB ID:	788237

          Comment


          • #6
            Originally posted by SouthBay2019 View Post

            My wife also received her GC on 12/9/2019. We are eligible on 9/10/2022 but will file a few days later on 9/13 (I have read that USCIS cloud servers may be in different time zone and if you apply on your exact 90 days before, it may actually use a day before as your filing date, which makes you not eligible).

            I think you may be using the Naturalization eligibility tool and if so, on the 4th question (see below), you actually have to select second option (Between December 3, 2017 and December 3, 2019)...this is because you will become eligible on 9/10/2022. If you use the tool on or after 9/10/2022, the tool will tell you that you are eligible.

            Good luck.

            Click image for larger version Name:	Screen Shot 2022-09-04 at 9.59.04 AM.png Views:	0 Size:	52.9 KB ID:	788237

            WOW!! This is very helpful! Thank you so much! This make so much sense now .

            question did you also apply for removal of conditions on the green card? I was given 24 months for exfension
            Newark Field Office. I485, I765, I130, I31 Marriage AOS
            1/28/19 -case has been accepted
            2/9/19 - Fingerprint review was COMPLETED on I-765 and I-485
            2/12/19 - (I-485) Case b • 10/4/19 - Interview cancelled
            10/19/19 - Interview was scheduled
            12/3/19 - Interview completed!it
            12/9/19 - New card is being produced
            12/10/19 - i485 and I-130 case was approved

            Comment


            • #7
              Originally posted by Scanigm View Post


              WOW!! This is very helpful! Thank you so much! This make so much sense now .

              question did you also apply for removal of conditions on the green card? I was given 24 months for exfension
              Yes. We applied for her removal of condition (ROC) in Sept 2021 and my wife received her 10 yr GC in June 2022. She was planning to apply for citizenship all along in Mid September, but it was nice to have the ROC process completed and behind us. In any case, when she files next week, we are treating this similar to another ROC, meaning we are uploading 3 years of:
              • Tax returns
              • Joint bank accounts
              • Joint credit card statements
              • Home/health/auto insurance statements, etc.
              Are you filing N-400 while waiting for ROC approval? If so, it will probably help expedite your case and you may have "combo" interview for both I-751 and N-400.

              Comment


              • #8
                Originally posted by SouthBay2019 View Post

                Yes. We applied for her removal of condition (ROC) in Sept 2021 and my wife received her 10 yr GC in June 2022. She was planning to apply for citizenship all along in Mid September, but it was nice to have the ROC process completed and behind us. In any case, when she files next week, we are treating this similar to another ROC, meaning we are uploading 3 years of:
                • Tax returns
                • Joint bank accounts
                • Joint credit card statements
                • Home/health/auto insurance statements, etc.
                Are you filing N-400 while waiting for ROC approval? If so, it will probably help expedite your case and you may have "combo" interview for both I-751 and N-400.
                I’m gonna apply for n-400 A few days I’m eligible. It’s weird… I have not gotten any updates on my I-751.!it’s been 326 days. Still says “Case was updated to show fingerprints were taken” I never went in person. They used my old finger prints.

                Newark Field Office. I485, I765, I130, I31 Marriage AOS
                1/28/19 -case has been accepted
                2/9/19 - Fingerprint review was COMPLETED on I-765 and I-485
                2/12/19 - (I-485) Case b • 10/4/19 - Interview cancelled
                10/19/19 - Interview was scheduled
                12/3/19 - Interview completed!it
                12/9/19 - New card is being produced
                12/10/19 - i485 and I-130 case was approved

                Comment

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