I have been married to an American since 2001. I got my green card in 2004 through my job. I have conflicting responses from two lawyers that I can or cannot apply for citizenship in 2007 using the three years rule. I am still not sure if I can apply for citizenship using the 3 years rule since I got my Green card through work. Does anyone know who is right?
3 years rule for Citizenship
- Thread starter aasalame
- Start date
Check out page 18 of the "Guide to Naturalization" http://www.uscis.gov/files/article/M-476_English.pdf
And you have been a permanent resident for 3 years, and you meet the phyiscal presence and other requirements, they you are eligible. It doesn't matter (according to the guide) how you you got your green card.
When engaging a lawyer, get one who knows immigration law.
And you have been a permanent resident for 3 years, and you meet the phyiscal presence and other requirements, they you are eligible. It doesn't matter (according to the guide) how you you got your green card.
When engaging a lawyer, get one who knows immigration law.
candyattitude
Registered Users (C)
WRONG. please listen to the lawyer that says you can't apply in 3 years. the 3 years rule is ONLY if you got your GC through your spouse and you are still married to the same spouse that sponsored you at the time of applying. since you didn't apply thru your wife, you have to use the 5 years minus 90 days rule. everyone who gets their GC through their job HAS to wait 5 years. so far they have not changed the wait time on that.
candyattitude said:
Sorry but thats not correct. Here is the exact phrasing from M-476 "Guide to Naturalization".
If you:
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
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
Furthermore, you can dig into the Adjudicator's Field Handbook and eventually turn up a reference to INA 319, which covers naturalization based upon marriage.
Sec. 319. [8 U.S.C. 1430]
(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent reside nce, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
For most naturalization through marriage there is no mention how you got your GC. The only exception is the case of a battered spouse, who may only naturalize under the 3yr rule providing they obtained their LPR through marriage.
If you have other references that overrides these, please post them and I'll be happy to admit I'm wrong.
Last edited by a moderator:
candyattitude
Registered Users (C)
i'm sorry, i went to the website and read all the excerpts that mentioned marriage to a us citizen, and i believe that you are correct. the excerpts do not mention how you got the permanent residence, just that if you want to file 3 years rather than 5 then your spouse had to be a us citizen and you have to be married to the same spouse for those 3 years etc.
i'm a LPR married to a us citizen and i was led to believe that the 3 years is only if you received permanent residence through a petition from your USC spouse. However, now i know something new!
i'm a LPR married to a us citizen and i was led to believe that the 3 years is only if you received permanent residence through a petition from your USC spouse. However, now i know something new!
In general (not that I'm a lawyer or anything), though the Guide to Naturalization is not definitive, it is pretty much the best resource to use - other than things like outdated fees (and maybe practice questions soon), I'd be really surprised if there's an inaccuracy there.
*Everyone* who applies for an N-400 should download and print copies of the both the Guide and the Instructions.
*Everyone* who applies for an N-400 should download and print copies of the both the Guide and the Instructions.
I got my Green Card through my employer in 1983. Married a US citizen in 1987. Returned to the US from overseas employment in 1999.
Went to one of the best immigration lawyers in San Antonio to check on my status before applying. She said I could apply EITHER under the three-year rule (18 months physical presence required in my case) OR wait longer and apply under the five-year rule (30 months physical presence required in my case).
I ended up waiting even longer so that I did not have to rely on the "Application to Preserve Residency" when I was overseas. However, this was my own personal choice.
Nevertheless, the implication here is that there is no link as to which rule you employ for the N-400 and who sponsored you for the Green Card.
Very interesting point .... I would love to know the CORRECT answer in view of the fascinating discussions on this thread.
Went to one of the best immigration lawyers in San Antonio to check on my status before applying. She said I could apply EITHER under the three-year rule (18 months physical presence required in my case) OR wait longer and apply under the five-year rule (30 months physical presence required in my case).
I ended up waiting even longer so that I did not have to rely on the "Application to Preserve Residency" when I was overseas. However, this was my own personal choice.
Nevertheless, the implication here is that there is no link as to which rule you employ for the N-400 and who sponsored you for the Green Card.
Very interesting point .... I would love to know the CORRECT answer in view of the fascinating discussions on this thread.
Al Southner
Registered Users (C)
aasalame said:
Aasalame,
Apply as soon as possible.
You are eligible for naturalization, because the manual doesn't require that you have obtained your LPR through your US spouse. You have been married to your spouse in 2001, obtained your greencard in 2004, so you can apply based on 3 yr rule.good luck and wish you success...
Al Southner said:Apply as soon as possible.
In this instance, eligibility would start 3yrs from GC date (i.e. 2007) because you need to have 3yrs as a married LPR.
hello,
I wanted to know how i can do since i have LPR(greencard) since 03/03/08. but i have been married in 09/23/05, which it mean been more than three years. it means i can apply for citizenship right now using three years rule as reference?
any info about it would be appreciated.
I wanted to know how i can do since i have LPR(greencard) since 03/03/08. but i have been married in 09/23/05, which it mean been more than three years. it means i can apply for citizenship right now using three years rule as reference?
any info about it would be appreciated.
Concerned4us
Banned
You must have had a green card for 3 years and be married to a citizen for those 3 years to qualify for naturalization under the marriage rule. Since you received your green cars 3/3/08, you must wait until 3/3/11 to qualify. Be aware that extended absences from the US can affect that date. Go to the USCIS website and read the information about the naturalization process.
