Eligibility question, please share your view if you could!

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xincz

New Member
I got GC (employment based EB1) in March 2003. I got married in Jun 2004 and my wife was US citizen at that time.
It is not very clear to me (from BCIS guidelines) whether I am eligible now march 2006 (3 years married to US citizen counting from my GC date March 2003) or in Jun 2007 (3 years married to US citizen counting from marriage date Jun 2004).
Any idea is highly appreciated!
Thank you!
xincz
 
xincz said:
I got GC (employment based EB1) in March 2003. I got married in Jun 2004 and my wife was US citizen at that time.
It is not very clear to me (from BCIS guidelines) whether I am eligible now march 2006 (3 years married to US citizen counting from my GC date March 2003) or in Jun 2007 (3 years married to US citizen counting from marriage date Jun 2004).
Any idea is highly appreciated!
Thank you!
xincz
Click to expand...

This is an interesting situation.

I have no idea what is the answer to your dilemma.

But for a moment went thru my mind, what about March 2008 :confused: (minus, of course, 90 days)
 
The earliest you are eligible to apply is Jun 2007 (3 years married to US citizen counting from marriage date Jun 2004). Of course subtract 90 days.

Reasoning being:
Are currently married to and living with a U.S. citizen
AND
Have been married to and living with that same U.S. citizen for the past 3 years
AND
Your spouse has been a U.S. citizen for the past 3 years

That makes your PR time to be 4 by that time which satisfies the 3 year PR requirement.
 
suriyan said:
The earliest you are eligible to apply is Jun 2007 (3 years married to US citizen counting from marriage date Jun 2004). Of course subtract 90 days.

Reasoning being:
Are currently married to and living with a U.S. citizen
AND
Have been married to and living with that same U.S. citizen for the past 3 years
AND
Your spouse has been a U.S. citizen for the past 3 years

That makes your PR time to be 4 by that time which satisfies the 3 year PR requirement.
Click to expand...


I think it should be exact three years from the date of the marriage (June 2007), and you cannot subtract 90 days in this case. If you subtract 90 days, you will not meet the "three-year marriage" requirement. The only time you subtract 90 days is when you count how long you have your GC, not how long you are married to USC.
 
Quoting from the guide (page 22), so that its a full closure. The last three lines spell it out loud and clear.

"If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the “continuous residence” requirement. For example, if you are
applying based on 3 years of “continuous residence” as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS."
 
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