Already a GC holder marrying to a US citizen

[dzhao1]

Hi,
I already hold a US green card and will probably marry at the end of this year. My fiance is a US citizen. I am wondering in such case, do I need to wait for the usual 5 year time required or just 3 years?
Thanks for the kind response.

 

[equate]

Depending on how long you've already had a green card, it might or might not lessen the waiting time. It will be 3 years from the date of your marriage, not from the date you got your green card.

 

[Huracan]

Was it just a Freudian slip that you said finance instead of fiancé? You don't say since when you have the GC. Anyway, off the top of my head you will be eligible after 3 full years of marriage to the U.S. citizen or 90 days before 5 years of having the GC, whichever is earlier in your case.

My 2 cents.

 

[TwoScoops]

Was it just a Freudian slip that you said finance instead of fiancé?

Wow... I just hope the fiancé isn't reading this thread!!!
Can't remember what movie it was, but there was this guy
who accidentally wrote "Debtie" on the marriage license
application. The wife's name was "Debbie" not "Debtie"....


I thought the 3-year rule only applies if the greencard was
originally based on marriage to a US citizen, no? The OP's
greencard was probably based on work/relative.

 

[rwsh]

Good evening, all. The 3-year rule does not require that the US citizen-spouse was involved in the Green Card application in any way.

In my case I got married 4 years after my GC was granted. Then I applied for citizenship 8 years after I finally repatriated to the the US. Thus I was eligible to apply under either the "3 year marriage" rule OR the "five year residency" rule. I chose the latter as its simpler and requires less documentation and checking.

My own (very subjective & non-legal) advice would be that for anybody who can apply using either method, the 5-year rule is preferable. I would even say that if its close, I would wait for the 5 years, even if married to a US citizen. However, that is no more than a personal feeling.

 

[Flydog]

If you read the chart in the middle of the Guide to Naturalization it explains this quite well.

 

[Triple Citizen]

I respect your personal opinion, but I am on the other side of the fence.
If the system allows a break of two years for having a US spouse, all those who can, should take advantage. My interview was so easy, I cannot imagine how much easier it could have been had I gone the 5 year route. I was only asked if I am still married to the lady who sponsored my K-1

My own (very subjective & non-legal) advice would be that for anybody who can apply using either method, the 5-year rule is preferable. I would even say that if its close, I would wait for the 5 years, even if married to a US citizen. However, that is no more than a personal feeling.