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90 Days Early Application question for 3-year married permanent resident

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  • 90 Days Early Application question for 3-year married permanent resident

    Hello.

    Wife is planning to do early application for citizenship as permanent resident married to US citizen (me).

    - Her 3-year green card anniversary is March 1st, 2024
    - We've been married for 5+yrs
    - I've been a US citizen since Jan 28, 2021

    According to online calculators, wife can apply early December of this year. However, in one website, it said that the US citizen spouse needs to have been a US citizen for at least 3yrs.

    So my question is the following -

    If she applies in December, taking advantage of the 90 day early application, is that OK? by then I, the spouse, will not have been a US citizen for 3 full years, as my 3years will be completed on Jan 28,2024.

    Where I'm confused is that every website says a person can file 90 calendar days before they complete the continuous residence requirement if they are married to a US citizen. But nowhere is stated whether USCIS looks at how long the US citizen spouse has been a US citizen and if that period is calculated up until when the petitioner 3-year GC anniversary takes place. In other words, if USCIS uses March 1st, 2024 for my wife's continuous residence, will they also use March 1st, 2024 to see if at that time I have my 3yrs of US citizenship? because if that's the case then we're ok.
    If not, then I believe we can't do the 90 days early filing and we first need to wait that I complete my 3yrs and then file.

    If anyone has an answer that would really help and save us 2 months. thank you.



  • #2
    The early filing allows her to apply up to 90 days before meeting her continuous residence requirement, if all other requirements are met. Having been married to a US citizen for 3 years would fall under the other requirements, which must be met at the time of filing. She should wait until you have been a citizen for 3 years.

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

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    • #3
      thank you so much!

      Comment

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