Does the 3-year residency requirement apply to both "new" and "old" spouses of USC?

T

TwoScoops

New Member
I'll start from the beginning...

Mr. Lowenstein and Mrs. Lowenstein were married in 1985.

Mrs. Lowenstein got a job in the US in 1999, so she moves
to the US, got a greencard, and eventually became a US
citizen in 2005. During this time, Mr. Lowenstein and
the kids visit Mrs Lowenstein in the US almost every
month on tourst visas. (and vice versa)

Also, Mr. Lowenstein has a single adult daughter from his
previous marriage. Once Mr. Lowenstein becomes a US
citizen, can she apply for a greencard? Should they
file now while Mr. Lowenstein is still only a PR, in order to
secure the earliest possible priority date?

Mr. Lowenstein retired in 2005 and moved to the US.
His received his greencard as a spouse of a citizen. He
has not left the US at all since 2005.

I know the continuos residency requirement for spouses
is 3 years. Does that only apply to a US citizen bringing
in a "new" spouse? Or does it also apply to an "old"
spouse like Mr. Lowenstein? (once Mr. Lowenstein becomes
a citizen, he only has to notify the USCIS of his new status?)

Thanks in advance for any advice! :)
 
Last edited by a moderator:
"Two"scoops what are you up to now? ;)

TwoScoops said:
I'll start from the beginning...

Mr. Lowenstein and Mrs. Lowenstein were married in 1985.

Mrs. Lowenstein got a job in the US in 1999, so she moves
to the US, got a greencard, and eventually became a US
citizen in 2005. During this time, Mr. Lowenstein and
the kids visit Mrs Lowenstein in the US almost every
month on tourst visas. (and vice versa)

Also, Mr. Lowenstein has a single adult daughter from his
previous marriage. Once Mr. Lowenstein becomes a US
citizen, can she apply for a greencard? Should they
file now while Mr. Lowenstein is still only a PR, in order to
secure the earliest possible priority date?

Mr. Lowenstein retired in 2005 and moved to the US.
His received his greencard as a spouse of a citizen. He
has not left the US at all since 2005.

I know the continuos residency requirement for spouses
is 3 years. Does that only apply to a US citizen bringing
in a "new" spouse? Or does it also apply to an "old"
spouse like Mr. Lowenstein? (once Mr. Lowenstein becomes
a citizen, he only has to notify the USCIS of his new status?)

Thanks in advance for any advice! :)
Click to expand...
 
The "3 year" rule applies after you meet the dual requirements of (i) acquiring LPR status and (ii) being married to a USC. The minimum waiting period is 3 years, so your eligibility starts either on the 3rd anniversary of the GC, or of the wedding, which ever occurs later. There is no distinction whether you become an LPR before or after the marriage.

Hope that helps Mr & Mrs Lowenstein...
 
boatbod said:
The "3 year" rule applies after you meet the dual requirements of (i) acquiring LPR status and (ii) being married to a USC. The minimum waiting period is 3 years, so your eligibility starts either on the 3rd anniversary of the GC, or of the wedding, which ever occurs later. There is no distinction whether you become an LPR before or after the marriage.

Hope that helps Mr & Mrs Lowenstein...
Click to expand...

Thanks! That's exactly the answer I was hoping for! :)
 
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