Can I apply 90 days prior to my 3 – year permanent residence?

[tvaneva]

I received my residency on 5/11/2009. I am older than 18; and I am currently married to and living with a US citizen; and have been married to and living with the same US citizen for the past 3 years; and my spouse has been a US citizen for the past 3 years.
I hear and see on this blog the ability to apply 90 days prior to my 3 – year permanent residency, hooray! How accurate and updated is that information? Where can I read more about it? I have been going over and over the Immigration Guides and Form N – 400 and I don’t see any information confirming it. They are asking for 3 years. I would love to apply 90 days in advance, but don’t want to be denied for being early. When filling out the N-400 do I just lie and answer YES, I have had a green card for 3 years?!?

Thank you very much,
Teodora

[nwctzn]

Yes, you can apply 90 days prior to your 3-year GC anniversary. Below is the date calculator from the USCIS website. Just enter your 3-year GC anniversary date and it will produce the earliest date you can apply. The GC anniversary date is based on the "Resident since" date on your GC. One note: 90 days is a very strict rule. USCIS can send your application back even if you file just by 1 day or 2 days early. So be sure that you do not send in your application too early.


Your are not "lying" when you answer "YES" to the 3-year question. USCIS is aware that you are and can apply 90-days earlier. So do not worry about that. I applied 90 days early on the 5-year rule and I also answered "YES" to that question.

[tvaneva]

Thank you very much nwctzn! I appreciate your quick and accurate response!