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Did not file N-400 based on marriage after three years. It is now four years. Can I file at any time?

Cleveland, OH |

Married 09.2008. Got green card 02.2009 had condition removed in 2010. I forgot to file N-400 02.2012. Is it too late now to file? We are still happily married and live together. Please help.

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Attorney answers 4


Yes, please do

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


As long as your spouse has been a US citizen for at least three years, you can apply for naturalization now.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You can file now based on your facts presented. You will have to prove that you live in marital union to USCIS to obtain the exception (three years instead of five years as an LPR). If you have questions, you may want to retain counsel for this matter to ensure your filing complies with the law.



In my case, will the three years be counted from the date I file N-400 or since I got my green card?


As long as your spouse is a US citizen and you are living together for three years prior to filing


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