Marriage & Citizenship - 3 year wait

D

dablue

Registered Users (C)
Hi All,

I've just been looking at the citizenship wait times (ehow.com/how_2002798_american-citizenship-marriage.html) - Sorry I can't post active URLs because I haven't made 15 posts yet.

Referring specifically to Step 3 from the above url, does anyone know if having spent time in the US previously on other visas, would the powers that be take this into account? I've probably spent 3 - 4 years in the US on several visas already and I just wondered if any of that time could be put toward the "3 year wait"...

I'm sure the answer is a flat NO but I just thought I'd ask.

Assuming it is a no, another equal stretch - Would I be able to establish residency and after that (within the 3 years) study abroad (1 yr Masters back in my home country) or would that effect the whole 3 year wait too?

Thanks in advance for any advice

Mike
 
It is a flat no.
Are you married to a US citizen? If not, your wait is going to be 5 years, not 3.
An absense of more than a year has the potential to reset your citizenship clock.


dablue said:
Assuming it is a no, another equal stretch - Would I be able to establish residency and after that (within the 3 years) study abroad (1 yr Masters back in my home country) or would that effect the whole 3 year wait too?
Click to expand...
 
Triple, for the 3 year wait, OP would also have to be married to USC for at least 3 years prior to filing.
 
Are you married to a US citizen? If not, your wait is going to be 5 years, not 3.
Click to expand...

No, we're not married yet. Our plan was for me to either get a fiancee visa or come over on the VW and apply for a change of status. I know the latter is heavily frowned upon and certainly not the way to go about it, but there's been a death in the family and I don't have the time to wait for a visa appointment. I know we'll have to jump through more hoops doing it this way. Our relationship is genuine - we've known each other for 12 years.

Obviously I wouldn't mention anything about a plan to get married, and I would MUCH prefer to go down the official route of the fiancee visa, but immigration aren't exactly going to be sympathetic to a death in the family as "the reason" I came over to marry my girlfriend on a VW as opposed to the right visa.

The 3 and 5 year difference. Would it be better for her to come to my country and get married here (after the funeral). Would that expedite the time from 5 to 3 years I would need to wait? (Once making the application after arriving back in the US)

If I did choose to do the Masters degree, and I came back to the US at Christmas, would that cause the "citizenship clock" to be reset too? - I wouldn't have a straight absence for more than 6 months at a time?

The reason the time frame is important to me is because I would like to apply for Government jobs which in every case citizenship is required.

Thanks,

Mike
 
hi triple,

i got some questions to you and i emailed by private message. Can you help me? thanks....
 
Triple, for the 3 year wait, OP would also have to be married to USC for at least 3 years prior to filing.
Click to expand...

Ahh, these posts came in while I was posting mine... So it would be a 5 year wait then? She is a US citizen since birth, but yes, we're not married yet.

That throws a spanner in the works :(
 
It doesn't matter where you get married. By the way, the 3-year wait is from the date you receive your permanent residency - not when you get married. At the current timeline, you are looking at about 4 years before you can get your citizenship, provided you get married today as well as file all necessary forms asap, and there are no complications.

Yes, a break in continuous residency would make the wait longer.
 
thanks VisaNutz,

You just answered question i asked triple.... Thanks a lot~
I got my "C"GC 4/09 and I only can apply USC after 4/12 and NO 90 days in advance, right?

I wonder how soon we can get USC? I heard 5 years wait is slow than 3 years wait, am i right?
 
rickylala said:
thanks VisaNutz,

You just answered question i asked triple.... Thanks a lot~
I got my "C"GC 4/09 and I only can apply USC after 4/12 and NO 90 days in advance, right?

I wonder how soon we can get USC? I heard 5 years wait is slow than 3 years wait, am i right?
Click to expand...

The 3-year marriage requirement is independent of the 3-year as an LPR requirement. You can file for USC up to 90 days in advance from your 3-year LPR anniversary date if:

1. ON THE DATE OF FILING you are married to a USC
AND
2. ON THE DATE OF FILING you have been married to the same USC for at least 3 years.

In your case, if you stay married to the same USC you are married to now, in January of 2012 you will for sure be married to a USC for at least 3 years - so you can file up to 90 days in advance. Remember, there are other requirements that you need to meet.
 
dablue said:
I know the latter is heavily frowned upon and certainly not the way to go about it, but there's been a death in the family and I don't have the time to wait for a visa appointment. I know we'll have to jump through more hoops doing it this way. Our relationship is genuine - we've known each other for 12 years.

Obviously I wouldn't mention anything about a plan to get married, and I would MUCH prefer to go down the official route of the fiancee visa, but immigration aren't exactly going to be sympathetic to a death in the family as "the reason" I came over to marry my girlfriend on a VW as opposed to the right visa.
Click to expand...
Visa waiver and fiancee visa are not either/or propositions. You can arrive in the US with your visa waiver, then file for the fiancee visa. Then you go back to your country (before the 90-day visa waiver expires) to get the fiancee visa and return to the US to get married and pursue the green card process.

Or you can enter with the visa waiver to see about the death in your family, get married in the US, then file I-130 specifying consular processing. Then you would return to your home country to interview for an immigrant visa. Upon your first arrival in the US with the immigrant visa, you become a permanent resident.
The 3 and 5 year difference. Would it be better for her to come to my country and get married here (after the funeral). Would that expedite the time from 5 to 3 years I would need to wait? (Once making the application after arriving back in the US)
Click to expand...
You are putting the cart before the horse. The 3 year vs. 5 year rule for citizenship is about qualifying for citizenship after becoming a permanent resident of the United States. You aren't even a permanent resident yet. Get your permanent residence (green card) first.
 
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VisaNutz said:
In your case, if you stay married to the same USC you are married to now, in January of 2012 you will for sure be married to a USC for at least 3 years
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We're not married yet but if we got married tomorrow, I think it would be 2013 - 3 years, right?
 
Jackolantern said:
Visa waiver and fiancee visa are not either/or propositions. You can arrive in the US with your visa waiver, then file for the fiancee visa. Then you go back to your country (before the 90-day visa waiver expires) to get the fiancee visa and return to the US to get married and pursue the green card process. Or you can enter with the visa waiver to see about the death in your family, get married in the US, then file I-130 specifying consular processing. Then you would return to your home country to interview for an immigrant visa. Upon your first arrival in the US with the immigrant visa, you become a permanent resident.
Click to expand...

I know this is frowned up again, but if we got married in the US while I was on the VW, could I apply for a change of status while in the US? Could I apply for LPR or would I be required to return back to my home country first?

Thanks
 
dablue,

I know someone that came over on Visa Waiver and married a USC while he was here. The marriage happened within 2 weeks of his arrival. His application for permanent resident was approved. I am not saying to do it, but I just wanted to give you a case where it was possible. They also had know each other for some time.

Also, the 3 year clock towards citizenship doesn't start till the day that you receive permanent resident status. To give you an example, IF your where approved today (2/4/2010) then you would be eligible on 2/4/2013, but due to the rule that allows you to file up to 90 days early you could file your citizenship application as early as 11/6/2012.
 
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dablue said:
I know this is frowned up again, but if we got married in the US while I was on the VW, could I apply for a change of status while in the US? Could I apply for LPR or would I be required to return back to my home country first?

Thanks
Click to expand...

Since you know that this is frowned upon, why are you contemplating doing it? The VW program is for visiting, not pre-conceived idea to get married and stay here. Such cases have lives on their own, your can be viewed favorably or given hell. Just chose which one you will sleep well with...lol!!!
 
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