How early can I apply for citizenship?

T

Techie777

Registered Users (C)
Hello all,
Just a newbie here who'd like to know when I can apply for Citizenship. I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008. How early can I apply for citizenship?

Thanks for your replies.
 
Techie777 said:
Hello all,
Just a newbie here who'd like to know when I can apply for Citizenship. I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008. How early can I apply for citizenship?

Thanks for your replies.
Click to expand...

on 8/22/2011 - 90 days so 5/25/2011 to be safe.
 
Techie777 said:
I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008.
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2008? Your green card was approved over a year ago, but you just got the physical card today? Or do you mean 2009 is the "resident since" date on the card?
 
Jackolantern said:
2008? Your green card was approved over a year ago, but you just got the physical card today? Or do you mean 2009 is the "resident since" date on the card?
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Indeed the resident since date is: 10/30/08. It's been an extremely painful process, but it finally came today. I guess they backdated it.
 
You will be eligible for citizenship on 10/30/2011 at at 2:55 pm Eastern Standard Time. You can apply 90 days in advance, and make sure you applied not early than 2:55 pm Eastern Standard Time
 
Techie777 said:
Hello all,
Just a newbie here who'd like to know when I can apply for Citizenship. I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008. How early can I apply for citizenship?

Thanks for your replies.
Click to expand...

Assuming that your spouse was a U.S. citizen on 08/22/2008, you can apply on 08/22/2011. The 90-day "grace" period applies to the continuous-residence requirement alone.
 
C R S said:
Assuming that your spouse was a U.S. citizen on 08/22/2008, you can apply on 08/22/2011. The 90-day "grace" period applies to the continuous-residence requirement alone.
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This has already been shown to be incorrect. The 3-year clock for eligibility is determined by the applicants GC-date not his marriage date, nor the citizenship date of the spouse.

If 36 months minus 90 days after GC date finds the applicant married to a US citizen, he can file on that date, with citizenship to be awarded no earlier than the 36-month mark.
 
nelsona said:
This has already been shown to be incorrect. The 3-year clock for eligibility is determined by the applicants GC-date not his marriage date, nor the citizenship date of the spouse.

If 36 months minus 90 days after GC date finds the applicant married to a US citizen, he can file on that date, with citizenship to be awarded no earlier than the 36-month mark.
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Here are the relevant facts:

1. The OP has been a permanent resident since 10/30/2008.
2. The OP married a US citizen on 08/22/2008.

If the OP intends to apply for citizenship by virtue of the fact that he/she is married to a US citizen, the earliest he/she can apply is 08/22/2011.
 
Nope. Wrong. He does not have to be married to the citizen for three years. he need only be PR for three years, and marrried to USC at the time of application. The USC should have been a citizen for three years. nothing in the post would indicate that the USC had only recently obtained their citizenship.

Thanks for playing, though.


Or are you simply going to repeat your wring answer. Read the post.
 
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nelsona said:
Nope. Wrong. He does not have to be married to the citizen for three years. he need only be PR for three years, and marrried to USC at the time of application. The USC should have been a citizen for three years.
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That is incorrect. To become a US citizen via the 3-year marriage route, the individual must be a PR for at least 3 years AND been married to a USC for the last 3 years AND the USC must have held US citizenship for those 3 years.

SEC. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) 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, 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.
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(bolding is mine)
 
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nelsona said:
Nope. Wrong. He does not have to be married to the citizen for three years. he need only be PR for three years, and marrried to USC at the time of application. The USC should have been a citizen for three years. nothing in the post would indicate that the USC had only recently obtained their citizenship.

Thanks for playing, though.


Or are you simply going to repeat your wring answer. Read the post.
Click to expand...

Be sure of your facts before you mouth off!

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act
 
Techie777 said:
Hello all,
Just a newbie here who'd like to know when I can apply for Citizenship. I received my physical card in the mail today at 2:55 pm Eastern Standard Time. I got married to my High School sweetheart (a U.S Citizen) on 08/22/2008. My card states that I've been a permanent resident since 10/30/2008. How early can I apply for citizenship?

Thanks for your replies.
Click to expand...

The earliest you can apply for your N-400 based on your marriage to the USC is 10/30/11. Not a day earlier because if you file marriage-based N-400, two conditions should be met on the date of filing: 1) Your need to be a permanent resident for, at least, three years; 2) you need to be married to the same USC for three last years (and your spouse needs to be a USC for, at least, the same three years). 90-day rule does not apply to your particular situation: I checked all instructions on the USCIC site and concluded that myself and later my attorney confirmed that I understood everything correctly. I got married to the USC before my asylum-based I-485 was adjudicated - it happened three months after the wedding and my GC was one year backdated, just like yours and, as I see, out timelines are very similar. I filed my marriage-based N-400 on the day after my third marriage anniversary. It worked out well. The best of luck to you! :)
 
Ah, I had not made the connection that this was a marriage-based PR application. :eek:
Had the GC been based on other-than-marriage, then his PR date would have precedence, and the marriage date itself would not have mattered. Unusual, but that was my assumption.

Mouth-off, replaced by foot.:D For the TheRealCanadian to be wrong on this too...
 
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Be4 said:
The earliest you can apply for your N-400 based on your marriage to the USC is 10/30/11. Not a day earlier because if you file marriage-based N-400, two conditions should be met on the date of filing: 1) Your need to be a permanent resident for, at least, three years; 2) you need to be married to the same USC for three last years (and your spouse needs to be a USC for, at least, the same three years). 90-day rule does not apply to your particular situation: I checked all instructions on the USCIC site and concluded that myself and later my attorney confirmed that I understood everything correctly. I got married to the USC before my asylum-based I-485 was adjudicated - it happened three months after the wedding and my GC was one year backdated, just like yours and, as I see, out timelines are very similar. I filed my marriage-based N-400 on the day after my third marriage anniversary. It worked out well. The best of luck to you! :)
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There is no need to wait until 10/30/11! The 90-day grace period does apply to the continuous residence requirement. Assuming all other requirements are met by 08/22/2011, the OP can apply on that date.
 
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