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90 day early application restrictions

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  • 90 day early application restrictions

    Hi,

    My wife is applying for her citizenship through the spouse path, and she has had her green card for 4 years. We were married in 2016, but I became a US citizen in Dec 2020.

    Do we have to wait until Dec 2023 to apply (to meet the "married for 3 years to a US citizen" requirement), or can we apply 90 days early in Sep 2023? The early filing calculator seems to indicate that early filing applies only to the continuous residence requirement.

    Thanks

  • #2
    She needs to wait until Dec 2023 to apply under the 3-year rule. The early filing only applies to the continuous residence requirement. Of course, this means that the 3-year rule won't be much faster than her early filing under the 5-year rule.

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

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    • #3
      Thanks for the clarification. Two lawyers I consulted told me I can apply early, but your answer makes sense to me. I assume there is no way for me to get an official answer on this from USCIS?

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