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GC through employment, married to USC - When can I apply for citizenship?

Discussion in 'US Citizenship' started by mygchope, Jan 19, 2007.

  1. mygchope

    mygchope Registered Users (C)

    is it 3 years or 5 years after GC?

    Thanks!
  2. Huracan

    Huracan Registered Users (C)

    I think it would be either,

    When you're married 3 years to the US Citizen spouse, and have 3 years residence in the U.S. as a permanent resident, or 5 years from GC minus 90 days, whatever requirement you meet first. If you want a better answer you have to provide better input ;) Please add dates to your question, when did you marry, when did you obtain your GC? There are a bunch of rules about long trips out of the U.S. that could send this estimate off track. However, I am guessing this is not your case. Best advice, check the new naturalization guide at the uscis site.

    My 2 cents
  3. Flydog

    Flydog Registered Users (C)

    And, if you meet both criteria, it appears the right way to go is to claim 5 years and not 3 through marriage. It's one less thing you need to prove with documentation, etc at the interview.
  4. N400Applier

    N400Applier Registered Users (C)

    I disagree with Huracan. In your case it will be 5 years because the GC was obtained through the Employment route and therefore you can apply for citizenship after 5 years (minus 90 days) of having obtained your GC.
  5. Huracan

    Huracan Registered Users (C)

    I respectfully disagree with your disagreement ;) unless you can back your disagreement with some documentation. The naturalization guide doesn't mention that obtaining the GC through employment disqualifies you from the marriage accelerated naturalization eligibility. Anyway, here is an excerpt from the naturalization guide:
    "If you are at least 18 years old and:
    Are currently married to and living with a U.S. citizen;
    and
    Have been married to and living with that same U.S.
    citizen for the past 3 years;
    and
    Your spouse has been a U.S. citizen for the past 3 years."

    My 2 cents
  6. N400Applier

    N400Applier Registered Users (C)

    Hmnnn...Good point....I need to investigate this further.......
  7. desi3933

    desi3933 Registered Users (C)

    90 days before 3 years.
  8. Triple Citizen

    Triple Citizen Registered Users (C)

    N400applier,
    Your investigation will show that one does not need a spouse based GC in order to qualify for spouse based naturalisation :)

  9. mygchope

    mygchope Registered Users (C)

    Thanks for all your input!

    Actually my GC is still pending for over 2 year with employment-based i-485, name check. I got married over one year ago with a USC. My dilemma is whether to file a WOM for pending i-485 or apply a brand new marriage-based petition at this stage. If the timeline to file citizenship later is the same no matter how I get GC, then it all comes down which one will help me get the GC soon.

    Please offer your advice! Thanks!
  10. boatbod

    boatbod Registered Users (C)

    Two things to consider:
    - if you withdraw and reapply, you're still going to hit the namecheck blockage, but then you'll be at the back of the queue.
    - from the information you've given, you will be eligible to apply for citizenship 3 years after your I-485 is approved (i.e. from the date you get your GC) since you are already married to a USC.
  11. Huracan

    Huracan Registered Users (C)

    It seems in his particular case it would be 3 years minus 90 days, because he will have been married a whole 3 years, and could apply 90 days before satisfying the continuous residence requirement. Now, word to the wise, for people planning to apply based on the 3 year marriage case they have to be very careful in understanding when the 90 days can be deducted. The naturalization guide is pretty clear, but people don't read it. You have to be married 3 years, period. The 90 days only apply to the continuous residence requirement. Couple of examples (no legal advice, my own interpretation of things).

    1. Married before obtaining green card. In this case one can deduct up to 90 days (depending on the marriage being done earlier than 90 days before obtaining the green card or not).
    2. Married, on or after obtaining the green card. Then one has to be married the full 3 years, unless the 5 years - 90 days are reached before the 3 years of marriage.

    Hope this is clear as mud :)
  12. boatbod

    boatbod Registered Users (C)

    Huracan,

    I believe your explanation is correct - but as you say, given the regulations are about as clear as mud, I figured those extra 90 days over 3 years weren't worth digging into.

    boat.

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