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Question before applying for N400
- Thread starter alphagc
- Start date
alphagc,
It is the process how obtained your Green Card (Employment based or Marriage based) that defines the process of Naturalization. Your marriage to a US Citizen is a life changing event for sure but it did not affect your Permanent Resident Status.
Since GC petition was approved based on Employment requirements, hence 5 year eligibility requirements will apply for you. I know, 3 years would have been ideal, but that is not how USCIS will look at it.
It is the process how obtained your Green Card (Employment based or Marriage based) that defines the process of Naturalization. Your marriage to a US Citizen is a life changing event for sure but it did not affect your Permanent Resident Status.
Since GC petition was approved based on Employment requirements, hence 5 year eligibility requirements will apply for you. I know, 3 years would have been ideal, but that is not how USCIS will look at it.
Koolvik7:
Are you sure? That would surprise me very much (I'm not an expert here - this rule had no bearing on my application).
Alphagc:
Download the "Guide to Naturalization". If I remember correctly, the "kind" of green card you have has nothing to do with your eligibility for the 3-year by-marriage rule. In any case, the rules are pretty clear in the guide.
OK, I looked it up. Here is the rule (from the guide):
If you are at least 18 years old and:
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.
(from the Guide, pages 18-19 - no mention of how you got your green card).
Good luck.
Are you sure? That would surprise me very much (I'm not an expert here - this rule had no bearing on my application).
Alphagc:
Download the "Guide to Naturalization". If I remember correctly, the "kind" of green card you have has nothing to do with your eligibility for the 3-year by-marriage rule. In any case, the rules are pretty clear in the guide.
OK, I looked it up. Here is the rule (from the guide):
If you are at least 18 years old and:
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.
(from the Guide, pages 18-19 - no mention of how you got your green card).
Good luck.
The N-400 states a lawful Permenant Resident of 5 years OR a lawful Permenant Resident or 3 years AND married and living with a USC for those 3 years.
So since you've been married for 5 years (why didn't you just get your GC through marriage from the start?) to a USC you should have been able to apply for citizenship 2 years ago.
So yes you should be able to do that right now...
So since you've been married for 5 years (why didn't you just get your GC through marriage from the start?) to a USC you should have been able to apply for citizenship 2 years ago.
So yes you should be able to do that right now...
No Flydog I am not 100% sure. The statement I made is based on my cousin's experience who was on same boat as alphagc and applied later to meet Employment based criteria. WOW!! my assumptions have been different until now. As you and warlord stated, my cousin (already a USC now) could have applied earlier. I wonder how she would feel when I mention this to her now.
Thanks for correcting me and good luck alphagc, you can most certainly proceed.
Thanks for correcting me and good luck alphagc, you can most certainly proceed.
koolvik7, flydog, warlord
Thank you all for your responses. I read the guide and I think Flydog and WarLod are right but I want to make sure before applying. I was concerned about getting denied.
WarLord,
I already started my green card process before I was married.
One more question:
-----------------
Do I need to send a check of $400.00 payable to DHS or seperate checks one for $330.00 "application fee" and another one for $70.00 "biometrics"?
Thank you all for your responses. I read the guide and I think Flydog and WarLod are right but I want to make sure before applying. I was concerned about getting denied.
WarLord,
I already started my green card process before I was married.
One more question:
-----------------
Do I need to send a check of $400.00 payable to DHS or seperate checks one for $330.00 "application fee" and another one for $70.00 "biometrics"?
Once bitten twice shy, I verified before writing this. On the same Guide to Naturalization, page 50 you will find that: You must send the $400.00 fee with your application. Pay the fee with a check or money order drawn on a U.S. bank payable to the Department of Homeland Security. Do not use the initials DHS or USDHS. Do Not Send Cash.
I sent a single $400 personal check to Department of Homeland Security in my case and have seen others in the forum doing the same. I would recommend sending your application on Priority or Express Mail with a return receipt. You would be able to track it and will give you a piece of mind.
Good luck.
I sent a single $400 personal check to Department of Homeland Security in my case and have seen others in the forum doing the same. I would recommend sending your application on Priority or Express Mail with a return receipt. You would be able to track it and will give you a piece of mind.
Good luck.
Superstring
Registered Users (C)
If it helps....I think that you are eligible to apply for citizenship (of course under the conditon that you fullfill continuous residence and other requirements too).
The rule is that you need to be married to US citizen for at least 3 yrs and still married up until the oath ceremony, and be permanent resident for the same period. It is irrelevant the way you received your green card.
I am 90% certain about this. However, I would advise you to call or schedule 10 min appointment with a good immigration lawyer. It should not cost a lot...actually it might be free since initial consultation is usually free.
Good luck!
P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
The rule is that you need to be married to US citizen for at least 3 yrs and still married up until the oath ceremony, and be permanent resident for the same period. It is irrelevant the way you received your green card.
I am 90% certain about this. However, I would advise you to call or schedule 10 min appointment with a good immigration lawyer. It should not cost a lot...actually it might be free since initial consultation is usually free.
Good luck!
P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
Yes you can apply based on 3yr marriage to a USC, assuming the following are true:
i. your spouse has been a USC for at least 3 years
ii. You have been married to the same USC for the past 3 yrs
iii. You meet the requirements of 3y continuous residence and physical presence.
Note: method of obtaining GC is not relevant to eligibility for natz, assuming of course everything was legit in the beginning.
i. your spouse has been a USC for at least 3 years
ii. You have been married to the same USC for the past 3 yrs
iii. You meet the requirements of 3y continuous residence and physical presence.
Note: method of obtaining GC is not relevant to eligibility for natz, assuming of course everything was legit in the beginning.