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When to file N-400

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  • When to file N-400

    According to UCIS webpage I can file 90 days ahead of the 5 yr deadline. But my friend said I should wait until one day before I've had my GC for 5 yrs. I am confused. Can you help?

  • #2
    According to UCIS webpage I can file 90 days ahead of the 5 yr deadline. But my friend said I should wait until one day before I've had my GC for 5 yrs. I am confused. Can you help?

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    • #3
      he 5 yr deadline. But my friend said I should wait until one day before I've had my GC for 5 yrs. I am confused. Can you help?

      Your friend is not right. You can file 4 years and nine months from the date on your GC.

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      • #4
        Thanks for the info, TAK. My questions is: on N-400, there is a question asking if I have been a permanent resident for 5 yrs. If I say no, I'll be disqualified. If I say yes, I am lying and will be dis qualified too. How do you solve this problem?

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        • #5
          Actually on the first page of N-400, I am asked to pick on of the following:
          1. at least 18 yrs old and been a PR for at least 5 yrs (I should fall into this category)
          2. married to a US Citizen
          3. Military
          4. Others.

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          • #6
            1.
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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            • #7
              1 is correct for you. You will not be disqualifed by marking 1. It is understandable. I did the same at 4 years and 9 month and now I am citizen.

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              • #8
                Well according to the INA you can file for your Citizship after 4 years and 9months.
                But the technicaly your question and the question on N-400, has been asking your time in US what are you claiming/ It takes three/five months to pullout your file and go through all your papers.
                In process of N-400 the first letter you will receive, will be for your fingerprints. During that time you have already completed 5 years in US.

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                • #9
                  Thanks a lot guys. This is really very helpful. I'll file ahead of that 5 yr deadline. But I do hear stories that application goes too smoothly and by the time the applicant was interviewed the 5yr deadline has not been reached yet and the guy has to start over again. But I think it is worth the chance. BTW I am in Texas.

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                  • #10
                    If you are in TX, You should file between 4 years and 9 months, It will take the same amount of time.
                    It's not a chance you are taking It's the law that you can file or you can file after 5 years. It will be the same.

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                    • #11
                      Thanks for the info. Actually I just learned the person I talked about in my previous email filed his application even before that 4 yr 9 month time line.

                      Thanks again.

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                      • #12
                        The guy you are talking about must have told you about the date of his filing N-400 What is that?

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                        • #13
                          See page 22 of the Guide to Naturalization.

                          "If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen,
                          you may file for naturalization up to 90 days before you meet the "continuous residence" requirement. For example, if you are
                          applying based on 3 years of "continuous residence" as a Permanent Resident married to a U.S. citizen, you can apply any time
                          after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application
                          before you have met the requirement for "continuous residence" only. Therefore, you must still have been married to and living
                          with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility
                          requirements when you file your application with USCIS."

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