Date of Application for N-400

[jsantani]

Hello Friends

I'm getting ready to apply for naturalization for my spouse. I need to confirm the earliest date I can do so. I'm US citizen and got naturalized on 23rd April '14.

She was outside US for more than a year and returned on 26th June '15 and therefore, she becomes eligible to apply on 27th June '17 under 2 years and 1 day rule.

My question is - Can we apply on 23rd April '17 as you can do 90 days ahead of time?? This would satisfy the US citizen spouse requirement of 3 years as well as 2 years 1 day (provided we can do 90 days ahead of 2 years 1 day).

Appreciate the help.

Regards

JS

[jsantani]

Just to add - She got her GC in 2001 along with mine.

[JoeF]

With the 2 year and 1 day rule, the 90 days earlier stuff does NOT apply.

The earliest day the application can be filed is 2 years and 1 day after her return.

 

[jsantani]

Thanks JoeF. Appreciate your response.

There's one more thing that has been bothering me. I need to check "B" option for Q#1 in N-400 (i.e. 3-year rule for spouse and not 5-year requirement/eligibility applies). Why then part 9 question still request your 5-year travel history and does not differentiate for a 5-year v/s 3-year requirement for a spouse? 

The reason I ask this is 'cause my spouse does not meet the 5-year requirement - she was outside for more than 30 months in the past 5 year, but she does qualify under 3-year requirement (i.e. 2 year and 1 day). So, I'm concerned if I share all of 5 year travel history, someone may come back and tell her she does not qualify. We could protest of course, but it may result in delayed closure.

Any suggestions on how to deal with it? Can I just give 3-year travel history and add to part 9 explaining that under section 319 (a) she only needs to provide 3-year travel history?

[jsantani]

JoeF - Can you help with this one please?

[JoeF]

Just giving the 3-year travel history is ok. More doesn't hurt. They won't deny the case if she gives the 5-year travel history.

You really need to stop seeing problems when there are none. This is not like applying for an H1 or a GC.

 

[jsantani]

Hi JoeF

This is really reassuring and very helpful.

Appreciate your help a lot!

Thanks and regards

[cap-gap]

what was the basis of ur spouse's GC?..if it was not family based, then I don't think she qualifies for the 2 year rule..

[JoeF]

2 hours ago, cap-gap said:

what was the basis of ur spouse's GC?..if it was not family based, then I don't think she qualifies for the 2 year rule..

That's not true. The basis of the GC doesn't matter.

All that matters is that the person is married to a US citizen and has been married to the US citizen for at least 3 years and the spouse has been a US citizen for all that time.

See the worksheet for naturalization at the USCIS website.

 

[jsantani]

Hi cap-gap

She got GC based on E34 Category  (spouse of a “skilled worker” or “professional”). Like I said, she got GC when I got mine in 2001, based on my GC process. Is that not family based?

[jsantani]

On 3/1/2017 at 1:27 PM, JoeF said:

That's not true. The basis of the GC doesn't matter.

All that matters is that the person is married to a US citizen and has been married to the US citizen for at least 3 years and the spouse has been a US citizen for all that time.

See the worksheet for naturalization at the USCIS website.

 

I verified this as well. 

Also, the Citizenship & Naturalization manual's link says it very clearly - you can do it per 5 year or 3 year rule. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter1.html

Logically, if you think about it as well, if a US Citizen marries someone living abroad can bring spouse to US on family based visa and then get him/her Citizenship in 3 years. Why then should a US Citizen living in US, marrying a person living in US with GC have to wait longer (or even if the spouse has GC under different category)?

 

[jsantani]

Hello All

I wanted to share with all my experience and provide an update. Based on inputs I received from JoeF here in this thread and others, we went ahead and applied for my spouse late in June '17. To be on the safe side, we hired a lawyer only to accompany us (so he could politely point to specific clauses of law, if needed).  We were well prepared and interview went very smoothly. There were few minor typos on N400 which we had noticed before interview. Our lawyer pointed those out to IO before hand which is no big deal. IO touched upon long absence from US which was with Re-entry permit and took copies of Marriage certificate and Re-entry Permit. Interview happened recently in Oct '18 due to significant backlog in Houston. We are now waiting for Oath ceremony to be scheduled. 

It has been a long wait but we can see light at the end of tunnel! 

A BIG THANKS to you JoeF and Rest of the people for all the inputs and support. REALLY appreciate it!!

Cheers!

[JoeF]

Congrats. You are really close now.
Too late to vote this year, but make sure you register to vote once you are a citizen. They usually hand out the form at the Naturalization ceremony.

 

[jsantani]

Thanks. 

yes - voting registration, and then of course SSN updates in addition to new PPT.