Naturalization rejection

C

Capitolla17

New Member
Hello,

Could anyone clarify why I can't apply for Naturalization via marriage if I got my Green Card via advanced degree or exceptional ability (E26 category)?
I got my green card via EB-2, not via my spouse. Later my spouse became a citizen, he has been a citizen for 3 years.
I had a citizenship interview today and USCIS officer said that I have to withdraw it because I am not eligible and have to wait for 2 more years.
What law/rule says that naturalization should be done in the same category as the green card?

Thank you,
 
To clarify - assuming your spouse was a citizen the entire time here: were you married to and living in marital union with your USC spouse for the 3 years before filing N400, as well as meeting the physical presence and continuous residence requirements?
 
The sequence was the following: I sent my docs for green card, we got married, I got my green card, my husband got citizenship. We have been married for 5 years, he has been been a citizen for 3 years. We have been residents of the US for last 5 years. He wasn't US citizen when we got married.

Thanks
 
Capitolla17 said:
The sequence was the following: I sent my docs for green card, we got married, I got my green card, my husband got citizenship. We have been married for 5 years, he has been been a citizen for 3 years. We have been residents of the US for last 5 years. He wasn't US citizen when we got married.

Thanks
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Asking again because these details matter: were you living with him the whole time? Was he a citizen for 3 full years before you applied?
 
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