Marriage - citizenship when?

N

npnjan02

Registered Users (C)
Hi All!

Here is my situation:

I've been married to an American citizen for over 2 years. But, I had started an employment based case with my company few months before we got married, and I choose to continue it that way. I don't know which way would've been faster, and I don't care...

My question is: I expect my I-485 (employment based) approved (god willing) by the end of this year, so my question is: Is it 3 years after that I can apply for US citizenship, or 5? Again, I would be approved trough employment, but I've been married to US citizen for over 2 years now.

Thanks in advance!
 
npnjan02 said:
Hi All!

Here is my situation:

I've been married to an American citizen for over 2 years. But, I had started an employment based case with my company few months before we got married, and I choose to continue it that way. I don't know which way would've been faster, and I don't care...

My question is: I expect my I-485 (employment based) approved (god willing) by the end of this year, so my question is: Is it 3 years after that I can apply for US citizenship, or 5? Again, I would be approved trough employment, but I've been married to US citizen for over 2 years now.

Thanks in advance!
Click to expand...

In your case it is 3 years being a spouse of US citizen.The 3 year clock starts the day your I-485 is approved. It does not matter if your GC was thru marriage or thru employment.
 
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that's not what i have read. If your AOS is based on marriage, then you can apply for citizenship 3 years after you get your marriage-based gc if you are still married to the same person. If you get a gc any other way, it doesn't matter who you are married to -- 5 years.
 
your interpretation is not correct. If you have a GC and are married to a US citizen for 3 years, you can apply for naturalization, does not matter how you got your GC.
Check by reading the "guide to Naturalization", it supports what I say here.
 
I haven't been sure myself, and this is what the guide says:

If you:
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

So I assume and hope nkm-oct23 is right.
 
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