Citizenship application when to apply

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beanie376

Registered Users (C)
Ok, I am getting numerous answers. Here's the scenario. My husband was an asylee who got his green card in November of 2005 (it was then backdated to 2004). We got married (I am a US born citizen) in September of 2005. When can he apply for citizenship?

I was always under the impression he would be able to apply June roughly of 2008 (90 days prior).

The national service center just told me "NO" he has to wait five years because he didn't get his permanent residency becausue of marriage it was because of asylum and the married doesn't matter? So the full 5 years takes affect?

Help:confused:
 
Your husband can apply on either of these dates:-
(1) Based on the 5 year rule, 90 days prior to his GC's 5th anniversary, around August 2009
(2) Based on the 3 year rule, 3 complete years from your marriage anniversary. No 90 days earlier in this case. Thus September 2008.
 
thanks but just a quick question, why the no 90 day earlier rule on option number 2.

Thanks for the input.
 
There is a 90 day break when it comes to the GC anniversary, whether 3rd or 5th. However there is no 90 day break with regards to married to and living with a US spouse criteria. Your husband's GC will already be more than 3 years old in November 2008. Is it clear now?

beanie376 said:
thanks but just a quick question, why the no 90 day earlier rule on option number 2.
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beanie376 said:
The national service center just told me "NO" he has to wait five years because he didn't get his permanent residency becausue of marriage it was because of asylum and the married doesn't matter? So the full 5 years takes affect?
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As others have noted, the customer service call handlers have got it wrong (again). Its really not unusual for them to give out incorrect or incomplete information - treat what they say with a good dose of skepticism, and don't be shy about conducting your own research such as this.
 
It is near time to apply and I wanted some opinions. Again my husband got his green card based on Asylum then we were married. My husbands green card shows resident since 11/21/04 and we were married 9/23/05. So based on the citizinship instructions I have seen that say you can apply three months prior, is it June or August?
 
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Yes the prev posts are very clear. The Marriage has to be 3 yrs old at least. This is not an issue abt GC issue date , in your case it is your wedding date.
 
Well again, I am getting multiple answers. The N400 instructions do state that you can apply 3 months prior. So I am getting the general concensis. If it was 100% clear that would be different.
 
beanie376 said:
Well again, I am getting multiple answers. The N400 instructions do state that you can apply 3 months prior. So I am getting the general concensis. If it was 100% clear that would be different.
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That would be 3 months prior if the applicant already had 3 years of marriage behind them. I think the confusion arises from the fact that the N-400 instructions assume that for marriage based applications, the applicant married a US citizen, and then applied and received their GC.
 
The federal regulations state:
"An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act." 8 CFR 334.2(b)

Therefore, only residency requirement is subject to 90-day rule.

The relevant section in the INA is 8 USC 1430:
(a) Any person whose spouse is a citizen of the United States, 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 subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, 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 (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.

So Triple CItizen is absolutely correct. Forget USCIS instructions and we all know that you cannot believe the USCIS "customer service".
 
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lazycis said:
The federal regulations state:
"An application for naturalization may be filed up to 90 days prior to the completion of the required period of residence, which may include the three-month period of residence required to establish jurisdiction under section 316(a) or 319(a) of the Act." 8 CFR 334.2(b)

Therefore, only residency requirement is subject to 90-day rule.

The relevant section in the INA is 8 USC 1430:
(a) Any person whose spouse is a citizen of the United States, 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 subchapter except the provisions of paragraph (1) of section 1427 (a) of this title if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, 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 (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.

So Triple CItizen is absolutely correct. Forget USCIS instructions and we all know that you cannot believe the USCIS "customer service".
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Agreed.
 
Thank you all

Thank you all, the last thing we want to do is apply early and loose nearly $700.00 so we will wait until september.
 
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