Citizenship application question after marriage status change

[saim1994]

I came to US as a student 8 years back. I got my US Permanent resident 2.6yrs back through my employer. I got married 2 years back. My wife became a US citizen last year through her parents'.
I can wait till my natural process completes through which I will be eligible to apply for citizenship after 2.4 more years.

My question is - am I eligible to file for citizenship at the end of 3 years (now that my wife is a citizen) or should I wait till 5 year period is over?

 

[Jackolantern]

If you choose the 3 year rule, you will be eligible to apply the LATEST of:

- 3 years minus 90 days after your green card approval
- 3 full years of marriage to a US citizen
- 3 full years after your spouse became a US citizen
(no "minus 90 days" applicable to the last two)

Are you sure she became a US citizen last year, or did she become a citizen earlier than that but only acquired a US passport last year? There is a big difference. I ask this because becoming a US citizen through one's parents requires being under 18*. And I don't think your wife is as young as 18, given that you got married 2 years ago and you are old enough to have completed the GC process with your employer over 2 years ago.

If for example your wife acquired citizenship when she was 16 as a result of her parent's naturalization, but only obtained a US passport and/or citizenship certificate last year at the age of 23, it means you can apply for citizenship 1 year from now with the 3 year rule. But if she acquired citizenship in the middle of last year, you would qualify for naturalization sooner under the 5 year rule.


*if she applied for the passport or citizenship certificate after age 18, the effective date of her citizenship would be backdated to sometime before age 18, normally the date of her parent's naturalization.

 

[sreeleshk]

Jack,

If a person became an LPR on june 1st 2007, and got married in jan 2010 to a usc, can he apply for naturalization in april 2010 based on the 3 year rule ? or does he have to wait till either

1) june 2010 and can apply 90 days in advance

2) 2013 jan based on the 3 year married to a usc

(assuming marriage is healthy and bonafide)

just curious

 

[sanjoseaug20]

If a person became an LPR on june 1st 2007, and got married in jan 2010 to a usc, can he apply for naturalization in april 2010 based on the 3 year rule ? or does he have to wait till either

1) june 2010 and can apply 90 days in advance

2) 2013 jan based on the 3 year married to a usc

Marriage has to be 3 years old when u apply. June 2010 filing with marriage in Jan 2010 will not work.
Jack's comment above said LATEST of, so it has to satisfy multiple conditions while calculating the date.

 

[Al Southner]

Simple answer: You are NOT eligible to apply for citizenship based on this marriage. Your wife should be a USC for 3 years, of which you must be married to her during that 3 years. If your wife just became a USC, then you cannot apply based on this criteria. You don't need to worry about applying based on marriage to your USC wife, you will be eligible in the next 2 1/2 years under the 5 year rule, which is easier and doesn't require evidence of any bona fide marriage, only superior moral character is required..lol@!!!