Marriage Based Citizenship

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AmericanLatte

Registered Users (C)
Hello All,

I've a question regarding the filing for citizenship on marriage basis (US citizen spouse). I received my GC through employment in Sep 2004 and i got married to US citizen in May 2006. So 2009 is the year that i will be filing for Citizenship. Now question is can i file it on marriage basis (few months difference) even though i received GC through employment? Also is 90 days earlier filing will be okay?

Thank so much
 
The requirement for marriage based naturalization is to be a LPR and be married to a US citizen spouse for 3 years. It doesn't matter how you obtained your GC, but the US citizen spouse must have been a citizen the entire 3 years.
As for early application, yes you can apply up to 90 days before your 3 year anniversary of status.
 
Bobsmyth said:
The requirement for marriage based naturalization is to be a LPR and be married to a US citizen spouse for 3 years. It doesn't matter how you obtained your GC, but the US citizen spouse must have been a citizen the entire 3 years.
As for early application, yes you can apply up to 90 days before your 3 year anniversary of status.
Click to expand...

Thanks Bobsmyth, i thought it was the case but just wanted verification :)


Thanks again
 
Since you got married in May 2006, if you go the marriage route, you can only apply in May 2009 (you don't get the 90-day break because you cannot apply before your third wedding anniversary); if you go the 5-year route, you can apply 90 days prior to your fifth anniversary of permanent residency. It would appear that these two dates won't be that far apart. If so, I would recommend the 5-year route (assuming you meet all other criteria, of course).
 
The marriage-based route does get 90 day benefits, but only partially. You can apply 90 days before 3 years of residence, but not 90 days before 3 years of marriage. So you can use the 90 day rule, but only if you got married before obtaining your green card.
 
Guys,

Here is the quote from official USCIS guide on applying Citizenship, it says clearly that one can apply 90 days prior regardless of marriage or employment

"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."

http://www.uscis.gov/files/article/M-476.pdf


Comments?
 
Last edited by a moderator:
The key is that you can apply apply any time after you
have been a Permanent Resident in continuous residence for statutory period minus 90 days, regardless if statutory period is 5 year regular or 3 year marriage based.
 
AmericanLatte,

Don't confuse the two conditions. One is saying that you can apply 90 days before the continuous residence requirement; the other says you must have the full 3 years of marriage.

USCIS said:
...you
may file for naturalization up to 90 days before you meet the continuous residence requirement.
Click to expand...

USCIS said:
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.
Click to expand...
The time spent being married prior to obtaining the green card is counted in addition to the post-GC marriage years. So if you combine the two conditions, it means you can apply at the LATER date of:

(a) 90 days before 3 years of continuous residence, or
(b) 3 full years of marriage to a US citizen.

Only those who got married prior to GC approval can use choice (a) to apply within less than 3 years post-GC.
 
Jackolantern said:
AmericanLatte,

Don't confuse the two conditions. One is saying that you can apply 90 days before the continuous residence requirement; the other says you must have the full 3 years of marriage.




The time spent being married prior to obtaining the green card is counted in addition to the post-GC marriage years. So if you combine the two conditions, it means you can apply at the LATER date of:

(a) 90 days before 3 years of continuous residence, or
(b) 3 full years of marriage to a US citizen.

Only those who got married prior to GC approval can use choice (a) to apply within less than 3 years post-GC.
Click to expand...


Thanks for clarifying, the language can be pretty confusing. I think best option for me is to wait out until 90 days prior to my 5th GC Anniversary and avoid other hassles.

Thank you all for your comments.
 
still confused

OK, you guys have been very detailed, but I am just not sure I am still understaing it. I have been married since May 2004. I received my GC through marriage in September 2007. Since I've been married for more than 4 years, does it mean I can apply for citizenship?

Thanks.
 
If you've received your GC in Sept 2007 you'll only be eligible to apply up to 90 days before 3rd year anniversary of GC. In your case this would be June 2010.
 
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