Not sure if I am eligible for naturalization

[Indriux]

My situations is kinda complicated so I am not sure if I am eligible...

I got married with green card holder in 2001 August.

2002 November my husband became US Citizenship and I came to US on K-3 visa. I filed for adjustment of status but somehwere got mixed up in the documents. Then another unfortunate event has happend with my health and for a few years I didn't care to apply for my green card as I wasn't sure if I live at all.

So finally I got better and got my greencard in 2007 March.

2009 January me and my husband got divorced.

So technically I was married to US citizen from 2002 November to 2009 January which is almost seven years. According to naturalization rules I have to be married for 3 years with US citizenship...but I didn't have my green card until 2007...

So that is where I get confused... Does immigration count 3 years from me getting green card or from the day I was married with US citizen?

Any advice is greatly appreciated.It would be great if I could apply for naturalization now as I could sponsor my parents for greencard.

Thanks for all your responses!

 

[guju]

You need to be married at least 3 years to a US citizen AND you need to be still married during the entire N400 process i.e., till the oath is completed.
Did you have restrictions on your green card removed?
You will need to apply under the 5 years rule.

 

[johntlc]

My situations is kinda complicated so I am not sure if I am eligible...

I got married with green card holder in 2001 August.

2002 November my husband became US Citizenship and I came to US on K-3 visa. I filed for adjustment of status but somehwere got mixed up in the documents. Then another unfortunate event has happend with my health and for a few years I didn't care to apply for my green card as I wasn't sure if I live at all.

So finally I got better and got my greencard in 2007 March.

2009 January me and my husband got divorced.

So technically I was married to US citizen from 2002 November to 2009 January which is almost seven years. According to naturalization rules I have to be married for 3 years with US citizenship...but I didn't have my green card until 2007...

So that is where I get confused... Does immigration count 3 years from me getting green card or from the day I was married with US citizen?

Any advice is greatly appreciated.It would be great if I could apply for naturalization now as I could sponsor my parents for greencard.

Thanks for all your responses!

Can you clarify when you got your green card?

 

[Jackolantern]

So that is where I get confused... Does immigration count 3 years from me getting green card or from the day I was married with US citizen?

Both are required to obtain citizenship via the 3 year rule. Although you are allowed to apply 90 days before completing 3 years of continuous residence.

You are not eligible for the 3 year rule, because you would need to be still be married to the same US citizen when you apply and until you complete the naturalization process.

 

[Indriux]

You need to be married at least 3 years to a US citizen AND you need to be still married during the entire N400 process i.e., till the oath is completed.
Did you have restrictions on your green card removed?
You will need to apply under the 5 years rule.

I never had any restrictions on my green card because when I applied for it I was already married with US citizen for 5 years.

 

[Uncle Joe]

I never had any restrictions on my green card because when I applied for it I was already married with US citizen for 5 years.

You have to be married to the same person at the time when you are applying, and have to be a Permanent Resident for 3 years.

You will be eligible for citizenship in 2012

 

[Indriux]

Can you clarify when you got your green card?

greencard 2007 March, divorced 2009 January.

Isn't there some kind of exception since I was extremely sick and have medical records to prove it?

I am planning to go to a lawyer for consultation.

I could have easily had my green card in 2004 if I applied...

Kinda disappointing if there is no way to find a loop hole in this situation

Thanks for all your responses.

-Indre

 

[Uncle Joe]

greencard 2007 March, divorced 2009 January.

Isn't there some kind of exception since I was extremely sick and have medical records to prove it?

I am planning to go to a lawyer for consultation.

I could have easily had my green card in 2004 if I applied...

Kinda disappointing if there is no way to find a loop hole in this situation

Thanks for all your responses.

-Indre

There is no exemption, you have to wait 5 years since the date on your GC.
You can apply 90 days prior your 5 years mark. I think it's like December 2011

 

[Bobsmyth]

Isn't there some kind of exception since I was extremely sick and have medical records to prove it?

Sickness does not grant you a waiver to marriage requirement of 3 year rule. Under 3 year rule,you have to be currently married.

 

[richmondva]

greencard 2007 March, divorced 2009 January.

Isn't there some kind of exception since I was extremely sick and have medical records to prove it?

I am planning to go to a lawyer for consultation.

Too bad I am not a lawyer or I could have tried to make some quick buck giving such simple consultations . If you search and read the few pages of "Guide To Naturalization" it should be very clear that you are not eligible. But of course if want to spend a few hundred dollars on a lawyer consultation its your choice. In fact we should thank people like you who keep the economy strong and running .

FYI, I know a person who recently decided to become a citizen after being a PR for 40 years. He has children and grand children in different countries around the world. If he had used a similar logic and claimed that he could have been a citizen 35 years ago; I am sure a few of his children, grand children, siblings and their children would also have a claim on US citizenship.