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can i reapply naturalization again??

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Junior Member
In 2008 July I applied my N-400 based on my 3 years marriage to the U.S. citizen. In Novermber I had my schedule interview. However, the interview officer denied my application simply because the day they received my form was on July 14 and my marriage date is July 19. 5 more days to three years. I explained to him on the application form instruction said I can apply 90 befores 3 years. So that's what I did. But he said the application based on marriage will be 3 years being PR, 3 years marriage and the spouse needs to be US citizen for 3 years too. I just missed 5 days to complete the 3 years marriage when they received my application although the interview day is Nov and my marriage to the us citizen has been more than 3 years.

He told me there is nothing wrong with my document just i was still not eligible to apply at that time. Now comes the question, when can i reapply again??can i reapply again? will this denial effect my new application?? do i need a lawyer?? i have not received my denial letter yet but would like to hear some advises.What is the name of your state (only U.S. law)?


Senior Member
Yes, you can reapply and the fact that the first application was denied will not have any negative effect on the next application. YOu were focused on being married for 3 years but that is largely irrelevant. It is having been a permanent resident for 3 years that is critical for being eligible to file within 90 days of the 3 year anniversary. It's of the 3 year anniversary of the grant of permanent resident status and NOT of the marriage anniversary.


Senior Member
Things that just make ya wanna go hmmmmmmmmmm

Anyway, this doesn't make sense. The "3 years" conditions must be in place on the day of adjudication, not the date of application. You're legally allowed to apply 90 days in advance of meeting those conditions.
Maybe I need another coffee this AM; officers do make mistakes though.


Junior Member
Thanks for the replies.

Let me write down the date to make it clear.. my case is based on 3 years married to the us citizen.

Date we got married: July 19th 05
Date I got my green card: Oct 6th 05
Date I filed my n-400, priority date: July 14th 08
Date I had my interview: Nov 17th 08

Based on the 3 years..which I can apply 90 before..so I think I met the 90 days before my 3 years of being PR.My husband is a us citizen for more than 3 years. The only thing is the date they received my file (post mark) July 14th 08....still have 5 days to meet my 3 years marriage annversay date....AND THATS THE ONLY REASON THAT OFFICER DENIED MY CASE.

5 days after they denied my case, I still did not receive their denial letter. Not sure if i need to wait for their letter or i can reapply again..Anyway, i already waste my money and time.....just hope next time they won't give me big problem about this issue.


Junior Member
The postmark is July 14 08. But he still rejected me. I finished the interview and the test and the last minutes he called me back and said he consulted with another officer and they said they can't give it to me just because I haven't met the 3 years marriage anniversary on the day I filed.

I went back to read the application form and the N-400 guide again.
" If you are applying based on five years as a Lawful Permanent Resident or based on three years as a Lawful Permanent Resident married to a U.S. citizen, you may apply for naturalization up to 90 days before you meet the ''continuous residence'' requirement. You must meet all other requirements at the time that you file your application with us." It did clearly say I have to be married at least 3 full years in order to file the form but can be 90 days before 3 full years of being PR. I know it's my mistake so if I can appeal I won't do it but just re apply another N-400 and pay $ 675:(

Immigration officers are very strictly about time. Just want to remind other people who want to file the N-400 really needs to pay more attention on the day, better count them day by day.

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