Citizenship Timing eligibility-Will get GC thru work and married to a US citizens

[djmikmik]

Hi,

My wife is a GC holder and should get her citizenship in this December .

I am in the last process of my employment based GC and should get it probably at 2008.

My question is:

Assuming that my wife gets her citizenship in December of this year, can I apply for citizenship 3 years after I get my employment based GC (in 2008)??

Thanks,

Mickey

 

[Huracan]

The way you put it it seems that's the case, but the important thing is that you have to be married to the U.S. citizen for 3 years after obtaining the Green Card (i.e. 3 years of marriage when she's a U.S. citizen, time before that doesn't count), so if your wife's citizenship were to be delayed for some reason and got it let's say after you obtain your GC, then you would be eligible in more than 3 years after your GC. I guess it is clear as mud.

 

[boatbod]

Huracan pretty much has it covered already. Applying for natz through marriage requires several separate things:
i. 3 years minus 90 days continuous residence as a LPR
ii. 3 years of marriage to the same USC after you obtain your LPR.
iii. 18 months physical presence

Assuming someone is married to a USC prior to obtaining their GC, the 3-year waiting periods run concurrently. If however, the marriage or spouse's naturalization happens after your LPR, the 3 year clock runs from the later date that the marriage or natz was completed. (Hey, I think I made some mud too )

 

[djmikmik]

Thanks!

I guess my lawyer is not that educated..she told me that the INS might not approve my citizenship after 3 years of being married to my wife (after she gets her citizenship) as my GC was based on employment and not family based.

Mickey

 

[boatbod]

Thanks!

I guess my lawyer is not that educated..she told me that the INS might not approve my citizenship after 3 years of being married to my wife (after she gets her citizenship) as my GC was based on employment and not family based.

Mickey

Yup, you need a better lawyer! There is nothing in the rules that say you can only benefit from marriage to a USC if your GC was sponsored by them also.